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Bicycle Accident Attorney

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Bike Crash

The busy streets the Lehigh Valley can be very dangerous for bicyclists surrounded by traffic, public transit buses, and waves of pedestrians. Bicycle accidents tend to happen unexpectedly and can be very traumatic experiences.

Due to the fact that a bicyclist has little protection in comparison to a multi-ton vehicle, resulting injuries will not only be severe but potentially fatal

Everything You Should Know About

Pennsylvania Bike Accident Injuries

Top Bicycle Accident Attorney in the Lehigh Valley

If you have suffered injuries or property loss after a bicycle accident because of someone’s negligence, you may be entitled to compensatory damages for:

  • Pain and suffering
  • Embarrassment and humiliation
  • Loss of enjoyment or pleasure of life
  • Disfigurement
  • Medical expenses
  • Lost wages
  • Property damage
  • Incidental costs
  • Psychological damages
  • Loss of consortium 
Scherline-&-Associates Personal Injury Law Firm

Over 40 Years Of Experience Representing Injured people

Who is Responsible?

Below are the most important factors an experienced bicycle accident attorney will initially consider when determining who is the responsible party after a bicycle accident:

  • Who has the right-of-way? A person riding a bicycle has the responsibility to abide by the rules of the road as set forth in the Pennsylvania vehicle code. Traffic lights are indicators of who has the right-of-way, as are stop signs.
  • Bicycles are to ride as close as practicable and safe to the right side of the roadway, except when overtaking another bicyclist, when preparing to make a left turn, when necessary to avoid a fixed or slow moving object or vehicle or when riding in a substandard width lane. 
  • Did someone fail to signal? If a driver does not signal, they may be held liable for the bicycle accident.
  • Was the required lighting used at night? All drivers must use appropriate lighting when driving or riding a bike at night. Failure to do so may incur liability.

In relation to bicycle accidents, negligence is usually some form of careless or reckless behavior on behalf of a driver. This means that if a driver was negligent and caused harm to a bicyclist, they will typically be held liable for any injuries sustained, as well as the resulting damages.  

What is driver negligence? Some common examples of driver negligence in relation to a bicycle accident may include:

  • Texting
  • Speeding
  • Not paying attention to the road
  • Disobeying traffic laws or signals
  • Driving under the influence of drugs or alcohol
  • Not observing a bicyclist and making a turn into that bicyclist
  • Not giving a bicyclist at least three (3) feet of space to maneuver safely

Negligent behavior behind the wheel is not only dangerous but is against the law. All motorists have a legal duty of care while operating a vehicle. This means that a driver who behaves irresponsibly and does not use reasonable care while operating a vehicle may be found liable for causing a bicycle accident.

If you were injured in a bicycle accident because of a driver’s negligent behavior, it is crucial that understand that the legal standard for negligence will consider the following four elements:

  • The driver owed the bicyclist a duty of care
  • The driver breached his or her duty of care through his or her actions or failure to act 
  • The driver’s negligence was the primary cause of the injuries sustained
  • You suffered actual injury or harm

What Can I Do If I Was Involved In a Bicycle Accident?

Below are the key steps you must take after a bicycle accident in order to protect your legal rights and obtain maximum compensation for your injuries:

  • Stay put. You should never leave the scene of an accident until the police arrive, even if it seems no one has been hurt. 
  • Don’t Speak. DO NOT apologize or even suggest who may be at responsible. DO NOT speak about the accident at all unless you are answering questions by law enforcement agents.
  • Call 911. It is crucial to ask responding officers to complete an official report of your bicycle accident. Make sure to convey all your injuries, no matter how minor they may seem. Before you leave the scene, please request the traffic accident information card with the accident report number, as well.
  • Collect contact information for drivers and witnesses. Exchange names, addresses, phone numbers, and drivers’ license information with everyone involved in the accident. If there are witnesses, request the same information from them, if possible.
  • Write down what happened, including times and locations, as well as any relevant road or weather conditions. It’s wise to take as many photographs as possible of the accident scene, the damage to your bicycle, and any injuries you have suffered.
  • Seek medical help. See a doctor as soon as possible. Many injuries do not immediately manifest adverse symptoms, but your health should be your first priority. And unless you see a doctor, the other party’s insurance company will argue that you weren’t hurt at all. A full medical record of your injuries is a critical document in proving the seriousness of your injuries.
  • Consult a Pennsylvania Bicycle Accident Attorney. Bicycle accidents involve complex issues and strict timelines that are best handled by a skilled bicycle accident lawyer. If possible, speak with an attorney even before reporting the accident to your own insurance

Who Do I Sue After a Bicycle Accident?

If you were injured or suffered property loss in a bicycle accident, the party or parties responsible for your losses will have to pay for your damages. 

Please consult with an experienced Lehigh Valley bicycle accident attorney as soon as possible to determine whether you are entitled to file a claim for damages for your injuries. An investigation into the layout of the roadway, light functioning, obtaining of traffic camera recordings, and witness statements can be critical in pursuing these claims.

Can I Sue If My Family Member Lost Their Life?

Surviving heirs of the deceased have a wrongful death claim and may sue for the following damages when they lose a loved one:

  • Funeral/burial costs
  • Loss of companionship and support

The following individuals may be able to file a wrongful death lawsuit:

  • The surviving spouse
  • The children of the decedent
  • Decedent’s parents

What If I Was Hit By an Underinsured or Uninsured Driver?

Pennsylvania requires that all drivers insure their vehicles. Being involved in an accident with an uninsured driver can be a nightmare. If you have automobile insurance, and have underinsured or uninsured motorist coverage, claims can be made with your insurance carrier. If a bicyclist does not own a car, and does not live with a relative who has car insurance, a claim can be filed with the PA Assigned Claims Plan.

Available Damages After a Bicycle Accident

An injured bicyclist can generally sue for the following compensatory damages:

  • Pain and suffering
  • Embarrassment and humiliation
  • Loss of enjoyment or pleasure of life
  • Disfigurement
  • Medical expenses
  • Lost wages
  • Property damage
  • Incidental costs
  • Psychological damages
  • Loss of consortium 

Available damages will typically vary depending on the seriousness of your injuries. The most common types of bicycle accident injuries include:

  • Concussions 
  • Head and neck injuries
  • Abrasions
  • Broken bones
  • Dental fractures
  • Internal bleeding
  • Strains or dislocations
  • Amputation of limbs 

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If you have been injured in a bicycle accident, you can count on the legal team at Scherline & Associates to fight for you every step of the way. Contact us today to schedule your free case evaluation with a personal injury attorney.

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