In an instant, a collision with a motor vehicle can change the life of a bicyclist. Cyclists lack the protection that motor vehicle occupants have and almost always bear the brunt of the collision. In many cases, this leads to serious, sometimes permanent injury and even death. If you or your loved one have been struck while riding a bicycle in Philadelphia, Youman & Caputo can help. Our bicycle and car accident attorneys in Philadelphia have substantial experience representing seriously injured clients and understand how important each case is to those injured and their families. Call today for a free and confidential case evaluation.
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Pennsylvania Bicycle Accident Statistics
How Can a Bicycle Accident Attorney Help?
Do I Need an Attorney?
What Causes Bike Accidents?
Who Is Responsible for a Bicycle Crash?
Proving Liability for a Bicycle Crash
What Damages May Be Available?
Pennsylvania Bicycle Accident Statute of Limitations
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Bicycle accidents occur much more often than they should in Philadelphia. In a metropolitan area, bicyclists and motor vehicle drivers frequently have to share the road. This increases the risk of vehicle-bicycle collisions. According to statistics gathered by the Pennsylvania Department of Transportation, 799 bicyclists were injured and 22 were killed in accidents in Pennsylvania in 2020. Here are some bicycle accident crash facts from the report:
Although the number of bicycle accidents in Pennsylvania has decreased over the last five years, it is still a significant injury and fatality risk. Around the United States, around 1,000 bicyclists are killed and more than 130,000 are injured in accidents each year (source: the Centers for Disease Control and Prevention). Bicycle accidents are a major cause of injury in Philadelphia and throughout the country.
After a bike accident, you or your loved one may have suffered serious injuries. You may have incurred significant medical expenses and are facing financial uncertainty. At Youman & Caputo, we can ease your burden, provide you with the legal answers you need, and work tirelessly to secure the best possible result if the accident resulted from the negligence of a motorist or other party.
Our Philadelphia bicycle accident lawyers understand the issues involved in these cases, how insurance companies approach claims and settlement negotiations, and how to build strong cases for our clients. In the event that a just settlement cannot be reached, we are trial-tested and ready to go to court on behalf of our injured clients.
The injuries and damage suffered in a bicycle accident can be devastating. If you or a loved one suffered a serious injury in a bicycle accident, you do not want to settle for less than you deserve from an insurance company. It is in your best interest to hire a bike accident lawyer in Philadelphia to represent you during the legal process to ensure a fair case outcome. Serious or catastrophic injuries, as well as the wrongful death of a loved one in Philadelphia, are often high-value cases that benefit from legal representation.
You may also need to hire a lawyer if you run into any problems or complications during the claims process. For example, if your case involves more than one potential defendant, such as a motorist and the manufacturer of your bicycle, you may be facing a liability dispute. Other potential problems include an insurance company denying your claim, the comparative negligence defense being used against you and an insurance company refusing to offer fair compensation for your injuries. If you have a complex bicycle accident case, hiring a lawyer is the best way forward.
In the United States, our roads are extremely motor vehicle-centric and can be downright dangerous for non-motorists, such as bicyclists and pedestrians. Additionally, motorists are often distracted, inattentive, and, sometimes, are hostile to cyclists. These factors combine to create a dangerous environment for bicyclists. Cyclists can be struck by motor vehicles in many ways including when:
In these and many other incidents, cyclists can suffer severe injuries such as:
If you lost a loved one to the careless or negligent actions of a motorist, the Philadelphia wrongful death lawyers at Youman & Caputo are ready to fight for justice for you and your family.
Unfortunately, many bike accidents are the direct result of driver negligence, yet cyclists most often suffer the consequences. In personal injury cases, legal responsibility hinges on the concept of negligence. Defined, negligence is a failure to exercise a reasonable level of care through act or omission.
If drivers fail to exercise this duty and cause an accident that results in injury, they may be legally and financially responsible. In Philadelphia, an at-fault driver may be held responsible for the injuries they cause when they hit a cyclist. However, it is important that injured cyclists speak with a bicycle accident lawyer who understands bike accident claims and the intricacies within them.
As the injured party in a personal injury case in Pennsylvania, you have the burden of proof. This means you or your lawyer must establish clear and convincing evidence that proves the required elements of the claim. These elements are a duty of care, a breach of the duty of care, causation for the accident and damages suffered. In essence, you or your attorney must demonstrate that the defendant had a duty to exercise reasonable care, failed to fulfill this duty and that this is what caused your bicycle accident.
Proving liability in a personal injury case requires a “preponderance of the evidence.” This is enough evidence to convince a judge or jury that a defendant more likely than not caused the plaintiff’s injuries. In other words, the defendant is at fault for the bicycle accident with at least a 51 percent certainty. An attorney from Youman & Caputo can help you find, preserve and present evidence establishing the elements of your case.
The evidence available to support a Philadelphia bicycle accident claim may be circumstantial or direct. It can include a police accident report, traffic tickets given to the driver, the victim’s medical records, signed eyewitness statements, testimony from a hired expert, photographs and videos, the motorist’s cell phone records, accident reconstruction, and evidence gathered from the scene of the crash. A lawyer can help you obtain as much physical, testimonial and documentary evidence as possible to prove liability for your bicycle accident.
If you have a successful claim following a bicycle accident in Philadelphia, one or more parties may be held financially responsible for your injuries and other losses. With assistance from our attorneys, you can aggressively pursue financial compensation for all of your past and future losses, which may include:
Bicycle and motorcycle accidents frequently cause serious injuries, as the rider has substantially less protections that the driver or passenger of a traditional motor vehicle. Discuss the potential value of your bicycle accident case with one of our lawyers before accepting a settlement offered by an insurance company. We will accurately evaluate your case and help you fight for maximum financial compensation.
Do not wait to contact a lawyer after getting injured in a bicycle accident in Philadelphia. A law called the statute of limitations places a strict deadline on your ability to file an injury claim in Pennsylvania. According to the Statutes of Pennsylvania, Section 5524, an action brought for a personal injury or the wrongful death of a loved one must be filed no later than two years from the date that the cause of action accrues.
If you are filing a personal injury claim, the statute of limitations is two years from the date of the bicycle accident. For a wrongful death case, plaintiffs have two years from the date of the decedent’s death. There are exceptions to the rule, however, in limited circumstances. If the injured party is a minor under the age of 18, the clock on the statute of limitations generally does not start ticking until the date of the victim’s 18th birthday. If you are bringing a claim against a government agency in Pennsylvania, you have less time to file; you must file a written notice of your claim within just six months.
If you wait to file a bicycle accident injury claim until after more than two years have passed, the defendant will most likely file a motion with the courts to dismiss your case. Unless an exception applies, the courts will agree to dismiss your case – meaning you will lose the right to recover financial compensation for your damages suffered. This is why it is critical to contact a Philadelphia bicycle accident lawyer as soon as possible after your crash.
If you or a loved one have been injured in a preventable bicycle accident, please, contact a Philadelphia bicycle accident attorney from Youman & Caputo. We are ready to listen to the facts of your case, thoroughly explain your legal options, and let you know how we can help. Call today for a free and confidential case evaluation.
