Frequently Asked Questions

Bicycle Accident FAQ

If you own a motor vehicle and have auto insurance, your auto insurance company will be responsible for paying your medical bills, regardless of whose fault the accident was. Your insurance company cannot raise your rates over this. If this isn’t enough, you might also try your health insurance policy, or the at-fault driver’s auto insurance policy. Over and above medical bills is pain and suffering damages, as well as property damage reimbursement–these items of damages are paid for by the at-fault vehicle’s insurance company.

Below are three of the most important rules:

  • No more than two riders may ride abreast of each other.
  • Your bicycle must have a front headlight and a rear reflector
  • When riding on the sidewalk, you must yield to pedestrians.

Yes, and you don’t even have to prove that the owner was negligent to win your case. You can even win a dog bite claim if the dog, instead of biting you, chased you and caused you to collide with a car or fall off of your bike. The law can be complicated, hiring an experienced and winning Philadelphia bicycle accident attorney can help you get the compensation you deserve.

Seek medical help immediately, especially if you weren’t wearing a helmet, regardless of whether you believe that you were seriously injured. Brain injuries are a common result of bicycle accidents, and they may not be immediately obvious without a medical examination.

Under certain circumstances, you can. Under Pennsylvania’s Dram Shop Act, a nightclub or a bar can be held liable for an accident caused by an intoxicated driver if:

  • The driver was obviously intoxicated, but continued to be served anyway.

Under the Pennsylvania wrongful death statute, only the personal representative of the victim’s estate (usually a close relative) can file a wrongful death lawsuit within 2 years of the victim’s death. If he or she does not do so, the beneficiaries of the victim’s estate can file the lawsuit. Proceeds go to the victim’s estate and close relatives.

Yes. With certain very narrow exceptions, you must file a lawsuit within two years of the date of the accident or, if the victim died, two years of the victim’s date of death. Once you file the lawsuit, you have beaten the statute of limitations deadline. Contacting a proven Philadelphia bicycle accident attorney from out law firm is a smart move.

Yes, as long as you were no more than 50 percent at fault. Your compensation will be reduced in proportion to your fault, however. Breaking the law will not matter at all if it did not cause the accident.

You might. To win, you would need to prove that the responsible party (probably a government) knew or should have known about the pothole, and that it failed to repair or warn of the condition. If it is a state-owned roadway, you have to show that the state was given “actual, written notice” of the pothole in question. Our Philadelphia bicycle accident attorneys are highly experienced with bicycle accident cases.

Yes, in principle you can sue the state government. Since you are essentially suing Pennsylvania taxpayers, however, certain limitations apply, including a damages cap of $250,000 per plaintiff and $1,000,000 per accident. Furthermore, you cannot sue the state on certain grounds, such as a political decision not to widen a certain road.

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