Bicycle accident fatalities and injuries are rising throughout Pennsylvania. Many bicyclists suffer an injury when they get into an accident with motor vehicles and seldom walk away unscathed. If you or a loved one has suffered an injury in a bicycle accident, the driver may owe you substantial compensation. Their car insurance company will inherit the responsibility to pay you and will defend against your case.
You should hire a Williamsport bicycle accident attorney to represent you in the claims process. If an attorney fights for you, you stand the best chance of getting the most money. Insurance companies show you more respect when a tough, aggressive lawyer represents you. Bike accident lawyers have extensive knowledge and experience in dealing with insurance companies, negotiating settlements, and representing their clients in court if necessary. They understand the complexities of the legal system and can guide you through the process, ensuring that you have a strong case and receive adequate compensation for your injuries and damage.
Hiring an attorney costs you nothing; they only get paid if you win your case.
Locations of Bicycle Accidents in Williamsport
There have been numerous injuries in Williamsport bicycle accidents in recent years. Some examples of bicycle accidents in this area include:
- At the foot of the West Third Street off-ramp of Route 15 North, an older man was seriously hurt when an SUV struck his bicycle. The sun blinded the driver, and they were unable to see the bicyclist.
- Just outside the Williamsport bus terminal, a bicyclist suffered an injury when a bus struck them. The bus driver did not see the bicyclist because they were arguing with one of the passengers right before the accident.
- A car struck a bicyclist and left the scene without stopping in the area of Washington Boulevard and Penn Street.
- Right outside of Williamsport, on Beauty's Run Road in Old Lycoming Township, a bicyclist was hospitalized after a car struck them.
Bicycle Laws in Pennsylvania
Bicyclists can occupy traffic lanes and ride on the shoulder if they want to, but they are not obligated to do so. If bicyclists are on a multi-lane roadway, they must ride in the right-hand-most lane. If there is no centerline on the road, the bicyclist may travel anywhere on the right side of the road. Staying to the right enhances a bicyclist's safety, allowing drivers enough space to pass them if necessary.
Pennsylvania law requires drivers to allow at least four feet of space when trying to pass a bicyclist and must travel at a reasonable speed. If a driver is going through a no-passing zone, they may still try to pass a bicyclist, provided that they give the bicyclist the required four feet of space when trying to pass.
Although there is a strong recommendation for bicyclists to wear helmets, Pennsylvania law requires only riders and passengers under 12 to wear one. Nevertheless, insurance companies still try to refuse to cover claims when an injured bicyclist was not wearing a helmet at the time of the accident, even though it is not a legal requirement.
Common Causes of Bicycle Accidents
The number of serious bicycle accident injuries has been increasing, both in Pennsylvania and across the country. While more people use bicycles for exercise and transit, drivers and their poor habits are often at fault for the accidents. Pennsylvania law makes a driver's obligation about bicycles very clear, but drivers either do not know the law or do not care.
Drivers can cause bicycle accidents by doing the following:
- Illegal turns: A driver can cut across the right lane to make a turn when a bicyclist is already in that lane. In the process, they may strike a bicyclist or cause them to crash into the car.
- Opening car doors: When there is a bicycle lane next to where cars are parked, drivers and passengers must be careful when opening their car doors. They may strike a bicyclist who is passing by and cause serious injuries.
- Distracted driving: Just like in the example above, where the bus driver did not see the bicyclist, motorists often do not know that a cyclist is nearby. They may be looking down at their phones or doing something behind the wheel that keeps them from paying full attention to their surroundings.
- Reckless driving: Drivers have extremely unsafe habits, such as exceeding the speed limit by 20 miles per hour or more or aggressively getting too close to others around them on the road.
- Drunk driving: Being under the influence of alcohol or controlled substances diminishes a driver's reflexes, and it causes them to exercise poor judgment. Not only may they not see the bicyclist, but they cannot take action to avoid the crash.
Bicycle Accident Injuries
There is an extremely high chance that a bicyclist will suffer an injury in an accident. The National Highways Transportation Safety Administration states that over 40,000 bicyclists suffer injuries yearly. Even though there are dedicated bike lanes now in many areas and authorities run public awareness campaigns about bicycle safety, the rate of serious injuries remains stubbornly high.
Bicyclists have only a helmet to protect them in a crash. While a helmet may reduce the severity of a head injury, it does not offer much more protection. As a result, a bicyclist is often struck directly by a car and will end up on the hood of the vehicle or thrown onto the pavement. Not only are bicyclists almost always injured in accidents with vehicles, but these injuries are often severe.
Bicycle accident injuries can include:
- Fractures and broken bones
- Cuts and lacerations
- Soft tissue injuries
- Contusions
- Traumatic brain injuries
- Internal injuries (such as organ damage)
- Spinal cord injuries
- Head and neck injuries
Head injuries are common in bicycle accident cases, based on where and how the vehicle strikes the cyclist. A traumatic brain injury will change the course of a bicyclist's life, and they may never recover from it. Even after extensive rehabilitation, bicyclists can lose critical functions they may not regain.
What to Do After a Bicycle Accident
Even though you are likely dealing with severe injuries, there are still some obligations you need to fulfill after a bicycle accident. Your priority needs to be your health, and you must see a doctor and do what they tell you as part of your recovery. If they recommend seeing a medical specialist, you should promptly make the appointment and follow through. Insurance companies are watching to see if you have taken steps to mitigate your damages. If not, they may try to offer you much less money.
At the same time, you need to take steps to begin the legal process, but this is not to say that you need to file a claim immediately and deal with the insurance company on your own. You should always take your time with a claim and trust a bicycle accident lawyer to handle all communication with the insurance company. Your attorney will skillfully negotiate with the insurance company, ensuring you receive a fair settlement covering all your damages and losses.
How to Win a Bicycle Accident Case
You have the right to financial compensation when you prove someone else was to blame for your bicycle accident. In most cases, the responsible party is the driver of the vehicle. Assuming they followed state law, the driver will have an insurance policy covering the damages they cause when they are at fault for an accident. The insurance company will step into the shoes of the responsible driver and negotiate compensation with you or defend against a lawsuit.
Negligence is the legal standard that you must meet to qualify for bicycle accident compensation. In the legal sense, negligence means you can prove that the driver did something unreasonable that caused your accident. You have the burden of proof to show negligence, and you cannot receive a dollar in compensation unless you have the evidence demonstrating what the driver did. You must show your facts by a preponderance of the evidence, meaning that it is more likely than not that they occurred.
Once you compile the necessary evidence, you can discuss compensation with the insurance company. However, it may cast a skeptical eye towards your evidence because it means that it must pay you money, which is why you should contact a bicycle accident attorney as soon as possible so they can protect your legal rights. They will gather crucial evidence such as witness statements, accident reports, and medical records to build a strong case on your behalf. They will also assess your damages, including medical expenses, lost income, pain and suffering, and future medical needs, to determine the appropriate amount of compensation you deserve.
Legal Challenges in a Bicycle Accident Claim
You may face several difficulties in a claim requiring a bicycle accident attorney to represent you. These challenges may include:
- You cannot gather any evidence at the scene of the accident because you are dealing with serious physical injuries.
- The driver may tell a different story about the accident, and you may not have the witnesses or physical evidence to prove your side.
- There may be more than one potentially responsible party, and you will need to identify all of them to hold them all liable.
- Insurance companies may insist on blaming you for the accident, knowing they can reduce the compensation they need to pay you or even eliminate their obligation to pay you entirely.
- Your injuries may be so severe that it can be challenging to estimate the value of your claim.
- You are dealing with multiple insurance companies because you may need to file a claim against your own insurance when the other driver does not have enough coverage.
A bicycle accident attorney can help you navigate each of these legal challenges to give you the best chance at getting the most possible compensation for your injuries. Without an attorney handling your case, your compensation may be substantially less.
Why You Need a Bicycle Accident Lawyer
Because you have likely suffered a severe injury in a bicycle accident, there may be a significant amount of financial compensation at stake in your claim. The money you receive now must hold you over in the future because you cannot return to get more if your settlement agreement is inadequate. Therefore, you must put your best legal foot forward to take care of yourself in the future to avoid running out of money when you critically need it.
Insurance companies will make your life as difficult as possible when they get the chance. Their motivation is simple in any bicycle accident case; they want to avoid paying you the total amount you deserve because it comes from their account. If you do not have the help of a bicycle accident lawyer, the insurance company will run circles around you in the claims process.
When you hire a bicycle accident attorney for your case, they can do the following:
- Investigate the bicycle accident and assemble proof that the driver who struck you was negligent
- Work with experts to understand the extent of your injuries and learn the amount of your damages
- Communicate with the insurance companies on your behalf and protect you from their tactics that may result in overreach
- Prepare the claim or lawsuit that you will submit to seek compensation
- Fight for you to get all the money you deserve in settlement negotiations or by presenting your case to a jury
If you are worried about costs, the good news is that most bike accident lawyers work on a contingency fee basis. This arrangement means that they only get paid if they win your case. If they do not win, you don't owe them anything. The payment structure allows you to access experienced legal representation without worrying about upfront costs.
After a bike accident, it is essential to seek the assistance of a lawyer. They have the resources and experience to navigate the legal process and protect your rights. Reach out soon to a personal injury lawyer in Williamsport to discuss your case and explore your options for obtaining the compensation you deserve.