How many bikes does your family have? How often do you take the time to get out and ride? Whether you are a regular rider or an occasional cyclist, you know that there are risks when you hit the road. Negligent drivers can cause serious injuries to bicyclists.
At Soloff & Zervanos Personal Injury Attorneys, we are here to help when you need a Philadelphia bicycle accident lawyer. Our personal injury attorneys will work diligently to investigate your case so we can move to secure compensation for all of your crash-related expenses.
Remember the rules you learned when you first started riding a bicycle. Stop at stop signs, look both ways, and use all proper riding surfaces. Unfortunately, we know that bicyclists are much more vulnerable to major injuries when they are involved in a crash.
Data available from the Pennsylvania Department of Transportation shows us that bicycle accidents are not uncommon in and around the Commonwealth. During the latest full year of reporting in PA, we can see that there were:
Please know that nearly every bicycle crash resulted in an injury or a fatality. Bicyclists have virtually no protection against the force of a vehicle slamming into them. Even if a cyclist is wearing a helmet, we commonly see the following injuries in the aftermath of a bike crash:
These injuries can become incredibly costly. Aside from the emergency medical treatment, in many cases life-saving surgery and follow-up surgeries are necessary. If long-term rehabilitation is needed, a victim could be out of work for extended periods of time, further compounding the financial stresses. The hidden costs of accidents can send individuals and families into financial ruin. A bicycle crash victim and their family should not have to suffer financially if another person caused the crash.
We know that bicyclists are vulnerable to much of the same negligent driving behavior as anyone else on the roadway:
We also know that many drivers simply ignore bicyclists around them. They often do not give them the space they need to ride on the roadway. In many cases, a cyclist is struck by impatient drivers in areas where they have the right-of-way like crosswalks, intersections, and bike paths.
There are various steps that bicycle accident victims need to take in the aftermath of a collision in order to ensure that they receive the compensation they are entitled to. Our bicycle accident lawyers in Philadelphia recommend that bicyclists take the following steps:
Our Philadelphia accident attorneys are often asked what happens if a bicyclist is partially to blame for the accident that caused the bicyclist’s injuries. This can become complicated, but we need to point out that Pennsylvania operates under a “modified comparative negligence” rule. This means that even a person partially involved in their own injuries can still recover compensation, so long as they are not 51% or more responsible for the incident. Any person 51% or more at fault for a collision will not be able to recover compensation for their losses.
If a person is 50% or less responsible for a bicycle crash, they will still be able to recover compensation for their losses. However, the total amount of compensation they receive will be reduced based on their percentage of fault.
Yes, you absolutely can recover compensation if you have been injured in a bicycle accident caused by the negligent actions of someone else in Philadelphia. In Pennsylvania, bicyclists are considered pedestrians for the purposes of these incidents, and pedestrian accidents are always handled as “full tort” claims, regardless of whether you actually chose limited tort or full tort on your auto policy.
Additionally, if you do not own a car (and have no insurance), and if you are not covered under the auto insurance policy of anyone in your household, then you can still recover medical expense damages from the at-fault party in the bicycle accident.
Even if you take steps to ride safely, you cannot control the actions and behaviors of the drivers around you. If you have been injured in a bicycle crash, Soloff & Zervanos Personal Injury Attorneys is ready to step in. Our knowledgeable and experienced team will work diligently to investigate the crash so we can secure compensation for all of your incident-related expenses, including:
Your focus needs to be on recovery, so let us handle your case when you need a bicycle accident attorney in Philadelphia. Although riding a bicycle is considered to be a fairly safe activity, any bicyclist in Philadelphia or elsewhere in Pennsylvania knows that there is always a risk of getting into an accident when sharing the road with other vehicles.
It is a fact that it can be challenging to obtain compensation as an injured bicyclist in Pennsylvania due to the widespread bias against cyclists in our state and treacherous insurance companies that make a living at the expense of innocent people.
Our attorneys will make sure that you (a) get fair compensation for your injury and (b) do not fall prey to dishonest and fraudulent tactics used by Pennsylvanian insurers.
One of our clients has recently asked our Philadelphia bike crash attorney here at Soloff & Zervanos Personal Injury Attorneys “I brought my bicycle in for repairs before the crash, and I have reason to believe that my bike was not properly repaired, which caused me to lose control while riding. Can the mechanic or repair shop be held liable?”
Absolutely yes. You do not necessarily have to prove another motorist’s fault to obtain compensation for damages and losses suffered in a bicycle accident. If you can prove that the repair shop or mechanic negligently repaired your bike and that a malfunction or defect contributed to your accident, then you may have a right to recover damages.
Many bicycle accidents occur when cyclists ride over a pothole, which can throw them off their bikes and cause severe injuries. Potholes or other poor road conditions are not acceptable in the state of Pennsylvania.
Depending on the type of property where your accident took place, you may be able to bring a claim against a private property owner or a government agency if you can prove that the defendant knew about the hazard or it existed for such an unreasonably long period of time that the defendant could have repaired the condition.
Bicycle accidents happen every day due to a number of different causes. It is important to understand the common causes of bike accidents, many of which have to do with motorists and other vehicles on the road. One major cause of bicycle crashes is distracted drivers who are not paying attention to their surroundings while they are operating their cars. For instance, if a driver makes a turn without checking for cyclists in the bike lane, they could accidentally hit said cyclist. Likewise, if a driver does not check their blind spots when they are making a turn or changing lanes, they could crash into someone on a bicycle. Another prominent cause is what is known as a “dooring” accident, where a driver parks and opens their car door without looking, hitting a bicyclist. Yet another potential cause is rear-end accidents, where a driver is not paying attention to a bicyclist who is stopped ahead of them.
If you have been involved in a bicycle accident that is another person’s fault, such as a negligent driver, you might be eligible to recoup compensation for your medical expenses and other losses. A bicycle accident attorney in Philadelphia will be able to evaluate whether another person was responsible for your accident and help fight for the compensation you deserve.
Bicycle accidents are not only emotionally traumatic events; they can also leave you with severe injuries that require intensive, potentially long-term medical care. In addition to the physical and emotional toll of the accident, you may also be facing steep medical expenses and other financial burdens (such as a loss of income if you cannot work because of your injuries). However, if someone else was responsible for your bicycle accident, then you may be able to receive financial compensation to cover your losses.
Generally, there are two types of compensation: economic and non-economic damages. Economic damages are the most straightforward type of compensation. They are designed to cover any financial losses you may have incurred as a consequence of the accident. In Pennsylvania, you can typically receive economic damages for medical expenses, lost wages, and property damage resulting from the collision. Non-economic damages, meanwhile, are designed to compensate you for the less tangible consequences of the accident. For instance, you may be able to receive non-economic damages for pain and suffering, emotional distress, or loss of enjoyment of life.
In some cases, if the other person’s behavior was especially reckless or egregious, you may also be entitled to punitive damages. These damages are not meant to compensate you but rather to punish the other person for their wrongdoing and hopefully deter them from engaging in that behavior again.
Unfortunately, in some cases, a driver will flee the scene immediately following a bicycle collision, leaving the cyclist to fend for themselves. While they might think that leaving the scene will absolve them of any consequences for the accident, that is not the case. Leaving the scene after a motor vehicle accident is actually illegal and a punishable offense.
Under Pennsylvania law, if a driver causes an accident that results in injury, property damage, or death, they have an obligation to give information and render aid. This means they must stop their vehicle and provide information to the other party, such as name and address, vehicle registration number, and driver’s license upon request. Additionally, if the other person is injured, the driver is required to call an ambulance or request medical aid if such aid is apparent.
Consequently, if you are involved in a bicycle accident and the driver flees the scene, you should collect as much information as you can about the driver and/or the vehicle and report the accident – including the fact that the driver fled the scene – to the authorities.
Most states require that motorists carry some kind of liability insurance in the event they are involved in an accident that causes injuries or property damage. Sadly, many drivers break this law and do not carry liability insurance or are underinsured. Moreover, the minimum coverage amounts for liability insurance in many states (like Pennsylvania) are barely enough to cover minor injuries, let alone anything more severe.
Having Uninsured or Underinsured Motorist coverage can help protect you in this situation. Uninsured Motorist Coverage can protect you in the event you are injured by a driver without liability insurance. Similarly, Underinsured Motorist Coverage can protect you if you are injured by a driver who has insufficient insurance to cover the damages they caused in the accident. Reach out to our bike crash attorney in Philadelphia to understand your insurance options.
Shortly after your bicycle crash, you will get a phone call from an insurance company adjuster asking you to give a recorded statement. While talking to insurance companies may not seem harmful, our Philadelphia bicycle accident lawyer advises you against giving recorded statements to insurers because insurance companies use these statements as the basis to deny claims.
Contact our office to discuss your case with an attorney.