Knowing whether or not you could sue someone for hitting you while you are riding your bike is understandably confusing. Are you held to the laws of the road, are you considered a pedestrian in this case, or something else altogether?
Do not let an insurance company try to minimize your claim. When you get hurt while peddling near the road, you are within your legal rights to sue someone. Contact us to learn how a bicycle accident attorney would evaluate your case and help you file your claim for damages.
Cyclists have the same rights as motor vehicle operators. Which means that you are legally allowed to seek compensation for current and future medical bills, damage to your bike, lost income, pain, and suffering. However, while it is true that you could sue someone for hitting you on a bike, you must be able to prove that they were negligent, reckless, or broke traffic laws.
For your lawsuit to succeed, the driver owed you a duty of care, breached it, and caused your injuries. Whether they were speeding, texting while driving, or engaging in some other illegal maneuver, they could be held liable. For example, many local lawsuits stem from drivers violating the four-foot passing law, 75 Pennsylvania Consolidated Statutes § 3303, or by merging into bike lanes. You have a short, two-year window from the incident date to initiate a lawsuit for personal injuries in Pennsylvania.
To prove liability for a bike accident, your attorney must provide the at-fault party’s insurance adjuster or the court with proof of negligence. This evidence may include documents such as police reports and medical records, as well as witness testimonies and traffic camera footage. If it adds value to your claim, we may also hire an accident reconstruction expert to show exactly how the accident happened.
Pennsylvania’s modified comparative negligence rule applies to bicycle accidents. Under this law, you could still recover compensation if you were hit while biking, but only if you were 50 percent or less at fault. Unfortunately, your payout would be lowered based on your share of the blame. For example, if your damages totaled $10,000 and you were 20 percent at fault, your settlement would be cut by 20 percent or $2,000. 51 percent or more at fault is the exception to this rule. In that case, you cannot recover any damages at all.
If you want to understand whether you can sue someone for hitting you on a bike, schedule your free consultation with a skilled Soloff & Zervanos, P.C. attorney. Our team touts more than 100 years of collective experience that makes a difference in and out of the courtroom.
Whether you need help getting reimbursed for your medical bills or someone to calculate intangible losses, like pain and suffering, we are here to guide you through the legal process. Let us show you how we achieve the best possible outcome for our valued clients.