Frequently Asked Questions
For what things can I be compensated?
Serious injuries to a bicyclist will garner the highest settlements, of course. These include hospitalization and significant claims for lost wages and lost earning capacity. Plus, brain damage (serious concussions), and/or broken bones and/or deep cuts that result in serious scar or disfigurement will garner high awards.
However, the focus of our bicycle accident law practice is getting top dollar for all claims, not just the serious ones. First, we make the insurance company (or judge or jury) see the full nature of how the accident changed your life. Then, we make the party responsible to pay for your injuries feel like he or she lived a day in your post-injury life. Thus, we make them know exactly how the injury -- even if not life threatening -- caused you problems.
Does it matter If I had I elected "limited tort" on my motor vehicle insurance?
No, not if you were riding a bike when hit by a motor vehicle. Limited tort only restricts the claims of those operating a motor vehicle, when injured. See L.S., a Minor v. David Eschbach, Jr., Inc., 844 A.2d 1215 (2004). As a result, bicyclists have all the protection of full tort and are not bound by their limited tort insurance selection.
We get a recovery for all possible items of damages
These include pain, inconvenience, limitation, and an interruption to the life you had before the injury. We detail everything: your activity levels before and after the accident, the ability to engage in sports, outdoor activities, recreational walking, basic household chords, work functions, and even sex.
By taking the client's point of view, and investing time to educate ourselves about all of your limitations from an accident, we seek top dollar in all cases, not just serious cases. We have had great success in cases where there were no broken bones or serious head injuries. We apply decades of experiences to present your case in the most favorable light.
Who pays for my injuries?
Your own automobile insurance covers your injuries on the road and your "no fault" or personal injury protection (PIP) covers the first $5,000 in your medical bills, or more. This depends on your insurance. For this, there will be no lien against the recovery. The meaning is: you need not pay back PIP out of the settlement. That said, if the government or your own private insurance paid for your medical bills.
The driver who hit you is responsible to pay for all of your injuries related to the accident or collision (minus the PIP or "no fault coverage). If said driver lacks insurance, or the insurance is not enough to cover your injuries, you can make a claim on your own motor vehicle insurance. This only applies if you have underinsured (UIM) or uninsured (UM) coverage though your own policy.
What if there is no insurance, who pays?
If neither you, nor the other driver have insurance, we look for ways to hold the other driver responsible to pay. You have options. First, you may be able to suspend the other driver's driver's license until you are paid. That is to say, an unsatisfied judgment for damages from a motor vehicle accident can suspend the defendant's driver's license.
Secondly, if the driver hit you in the scope of his work, his corporation (such as moving or trucking company or ride share such as Lyft or Uber) might be liable.
How long do I have to file suit?
There is a two years statute of limitations period in Pennsylvania to sue for negligence, reckless, or intentional conduct, including bike accidents. The time period to act is shorter (as short as six months) if your claim is against a governmental body. For example, you may claim that a city, county, or state was at fault (in whole or in part) for causing your injury. Perhaps there had been defective signage, malfunctioning. traffic light, or unnatural indentation in the road. In those instances, you must serve formal notice of your claim or file suit against the governmental body within only six months of the accident.
What happens if I am partly at fault?
Bicyclists often get blamed for the injuries. "He cut in front of me! " a driver might say. Or, "she came out of no where on her bike!" This, however, does not mean you are automatically barred from a significant recovery . In Pennsylvania, you are at partially fault for your injuries, you can still recover money. Even if you are fifty percent at fault! In that case, your recovery will be reduced to by the percentage you were at fault.
Comparative Negligence Act in Pennsylvania
That said, your fault cannot exceed the negligent driver's fault. Otherwise, your claim will be barred entirely. So, for example, if you are biking the wrong way on a street and hit by a driver who should have seen you but was not paying attention. There, a jury could find that you and the driver who hit you were 50/50 at fault. In that case, the amount of the award in your favor would be cut in half. If, however, a jury finds you were 51% at fault, you recover nothing. Here is what the law provides, exactly:
§ 7102. Comparative negligence.
(a) General rule.--In all actions brought to recover damages for negligence resulting in death or injury to person or property, the fact that the plaintiff may have been guilty of contributory negligence shall not bar a recovery by the plaintiff or his legal representative. This is true where such negligence was not greater than the causal negligence of the defendant or defendants against whom recovery is sought, but any damages sustained by the plaintiff shall be diminished in proportion to the amount of negligence attributed to the plaintiff.
Thus, an effective and well prepared lawyer can present your case in a manner that allows you to obtain a recovery. This is true, even when you are partly at fault.
What type of people do you represent?
Our Pittsburgh attorneys handle biking injuries occasioned during any kind of biking. We do not limit representation to recreational biking. We represent avid Pittsburgh bikers in riding clubs those at work, biking as a vocation as a messenger, delivery person (for GrubHub, Doordash, or Uber Eats), or riding to or from work.
Is a biking helmet required?
Adults are not required to wear a biking or riding helmet in Pennsylvania. Only those under 12 years of age must wear a helmet, and importantly, in PA, the failure to wear a helmet cannot be used as evidence of comparative negligence. The law refers to bicycles as "pedalcycles."
§ 3510. Pedalcycle helmets for certain persons.
(a) General rule.--A person under 12 years of age shall not operate a pedalcycle or ride as a passenger on a pedalcycle unless the person is wearing a pedalcycle helmet meeting the standards of the American National Standards Institute, the American Society for Testing and Materials. See the Snell Memorial Foundation's Standards for Protective Headgear for Use in Bicycling or any other nationally recognized standard for pedalcycle helmet approval. This subsection shall also apply to a person who rides:
(1) upon a pedalcycle while in a restraining seat attached to a pedalcycle; or
(2) in a trailer towed by a pedalcycle.
(b) Helmet to be labeled.--Any helmet sold or offered for sale for use by operators and passengers of pedalcycles shall be labeled in accordance with the standard described in subsection (a), which shall constitute the manufacturer's certification that the helmet conforms to the applicable safety standards.
What are the Exemptions, if any?
(b.3) Exemption.--This section shall not apply to a child under 12 years of age who can produce a statement from the family's church authorities attesting that it is against the tenets of the family's religion to wear a helmet.
(c) Civil actions.--In no event shall a violation or alleged violation of subsection (a) be used as evidence in a trial of any civil action; nor shall any jury in a civil action be instructed that any conduct did constitute or could be interpreted by them to constitute a violation of subsection (a); nor shall failure to use a pedalcycle helmet be considered as contributory negligence nor shall failure to use a pedalcycle helmet be admissible as evidence in the trial of any civil action.
What is the significance of biking lanes?
Pennsylvania has biking lanes and specific trails designated for biking. Technically, drivers of cars, trucks, and other automobiles must yield the right of way to those on bikes. Similarly, a person must check the road or sidewalk before opening a car door, to avoid opening it into the path of a biker. However, drivers are often negligent and reckless. While the law does not prevent injury, we use the law to maximize your financial recovery to compensate you for all your injuries.
In what geographic areas do you practice?
Our Pittsburgh accident lawyers help people injured on bikes on the roadways of the City of Pittsburgh in Allegheny, County, PA,. We also bring claims in Beaver, Butler, Clarion, Washington, Fayette, and Westmoreland Counties. Contact or bicycle injury attorneys any time.
Where do most accidents happen?
Parenthetically, aside from the law, you may be curious about where the majority of deaths and injuries occur when biking. Do these occur at intersections, from people running a read light? Nope. Not at intersections. In reality, sixty (60) percent of deaths and injuries on bikes occur away from intersections. (Citations: see the fact sheet by clicking "here" and PA Department of Transportation Bike Injury Statistics.) Call our bicycle injury lawyers today.
What is the updated law in this area?
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- Regarding the effect of a release of the defendant prior to injury: In DEGLIOMINI v. ESM PRODUCTIONS, INC., Pa: Supreme Court, Eastern Dist. 2021, Degliomini had "participated in the May 2015 Philadelphia Phillies Charity Bike Ride (Bike Ride), a twenty-mile ride along a designated route through the streets of South and Center City Philadelphia. During the Bike Ride, Degliomini crashed when he rode into an unmarked and un-barricaded sinkhole. This was on Pattison Avenue in South Philadelphia, which measured sixteen square feet in area and six inches deep. As a result of the crash, Degliomini suffered severe and extensive injuries, including spinal cord injuries leading to incomplete quadriplegia,[1] and multiple bone fractures which required surgical procedures and extensive and ongoing medical treatment." The superior count found that the Plaintiff had released the City and that the City was immune from suit. The Supreme Court of PA reversed, as follows: "...[W]e hold it is contrary to public policy to enforce an exculpatory contract immunizing the City from its essential duty of public service. This duty exists notwithstanding the context of a recreational event. Any other application of the Release would elevate the City's private exculpatory contract over the public duties assigned to it and the authority afforded to it by the General Assembly."
- Regarding the RULWA - Pennsylvania Statute 68 P.S. § 477 Recreational Use of Land and Water Act: there existed an issue of material fact, as to whether County immunity existed for a biking injury on a trail where (a) the injured occurred on a cable (an unnatural structure) and (b) the public had an expectation that the defendant would maintain the property safely.James v. County of Bucks, Pa: Commonwealth Court 2018.
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