What to Do After a Bicycle Accident in West Chester, Pennsylvania
When a bicycle rider is involved in an accident, thinking rationally is no simple task. That is why many bicyclists make mistakes in the aftermath of a collision. If you become a victim of a bicycle accident, take the following steps to protect yourself and your right to financial compensation:
- Report the accident to the police. In the eyes of the law, a bicycle accident is a collision involving two motor vehicles. That is because Pennsylvania law treats bicyclists the same way it treats car drivers. For this reason, bicyclists must comply with Pennsylvania’s accident reporting requirements when involved in an accident. Under Pennsylvania law, motor vehicle accidents must be reported within five days.
- Seek medical attention. Even if you feel that you were not injured in the bicycle accident, it is still crucial to seek medical attention. Injuries stemming from a bicycle accident may not show up for hours, days, or weeks following the collision.
- Get the driver/witness’s information. If possible, a bicyclist should write down the names and contact information of the driver and witnesses. If doing so is not possible because of the injury, have someone else do it for you.
- Document the scene. Your ability to seek full compensation for your injuries and damages after a bicycle accident will depend on the availability of evidence in your case. Take pictures at the scene of the accident, talk to witnesses, and identify if any cameras captured the moment of the accident.
- Contact our attorneys. You must hire one of our experienced attorneys to guide you through the process of recovering damages. Our attorneys can investigate the accident, help represent your best interests, analyze legal aspects of your claim, and seek fair compensation.
Pennsylvania Laws Affecting Bicycle Riders
In Pennsylvania, children under the age of 12 are legally required to wear a helmet while riding a bicycle. The rule applies to bicycle riders and passengers, including children riding in an attached restraining seat. Under Pennsylvania law, bicyclists have the same rights and responsibilities as drivers of other motor vehicles.
Bicycle riders must ride in the right-hand lane in the same direction as the flow of traffic or as close as practical to the right-hand edge of the roadway. When overtaking a bicycle, drivers of motor vehicles must make sure that there are at least four feet of distance between the vehicle and the bicycle. Pennsylvania law also prohibits riders from operating a bike under the influence of alcohol or drugs.
Filing a Bicycle Accident Claim
Many laws might affect your claim for compensation after a bicycle accident in West Chester, Pennsylvania. These laws include:
- No-fault. Pennsylvania is one of the few states that follow the no-fault insurance system. Under the no-fault system, each party involved in an accident should seek compensation through the insurance company that person possesses regardless of who was at fault for the accident.
- Modified comparative negligence. Like most other states, Pennsylvania follows the doctrine of modified comparative negligence. It means that the injured party is not entitled to compensation for damages and losses if that party’s degree of fault exceeds that of the other party or parties. Thus, a bicyclist will be barred from compensation if the percentage of fault exceeds 50%.
- Statute of limitations. People injured in bicycle accidents have a limited amount of time to pursue a lawsuit against the negligent party. Pennsylvania imposes a two-year limit on personal injury and wrongful death cases. The countdown to the deadline begins on the date of the accident in personal injury cases or the date of the victim’s death in wrongful death cases.
