Philadelphia Bicycle Accident Lawyer Near You
Were you hit by a car while riding a bicycle in Pennsylvania or New Jersey? Biking across any large city like Philadelphia can be exhilarating and dangerous at the same time. The local government talks about opening up more bike paths and lanes, but most riders still have to share the roads with congested and fast-moving city traffic, or they have to guard against automobiles encroaching on bike lanes and causing accidents. Bicyclists will always contend with careless drivers who don’t look out for bikes sharing their lane. Their inattention can prove disastrous for a rider who may be out for enjoyment or just trying to make it to work on time. If your bicycle was hit by a car, you need a lawyer to help get you the compensation you deserve!
If you’re looking for the “best bicycle accident lawyer near me”, you’ve come to the right place! At The Pearce Law Firm, P.C., we firmly believe that bicyclists share the same rights to the road as anyone in a vehicle. Pennsylvania Law clearly states this right, but many drivers seem to ignore the law or simply aren’t aware of it. This ignorance can lead to frightening collisions and severe injuries for bicyclists.
Philadelphia bike crash lawyer Edith Pearce works in Center City and fights for local cyclists who have been injured in accidents. She offers personalized attention to each case to make sure riders aren’t made to be victims twice. Once, in an accident caused by a careless driver, and then again by insurance agents who often try to blame cyclists for their own crash. An experienced attorney can hold insurance companies accountable and force them to pay proper compensation to allow victims to recover and return to their bikes and the rides they love. When you choose Edith Pearce and The Pearce Law Firm after your bike was hit by a car, help with your injuries is always nearby!
Types of Bicycle Accidents
We work on many types of bicycle accident cases. If your accident doesn’t fit into any of the following categories, call our office for a consultation and we’ll let you know if we think you have a case.
- Claims Against PennDOT
- Crashes Involving Commercial Trucks
- Fatal Accidents
- Dooring Accidents
- Right Hook Collisions
- Lyft Accidents
- Uber Accidents
- No Helmet?
- Pedestrian Involved Collisions
- Road Rage
- Uninsured / Underinsured
- SEPTA Accidents
Injured in a Bicycle Accident?
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Bicycle Hit By A Car
Drivers who hit cyclists often claim they didn’t see the bike. This is usually an excuse for a distracted driver who isn’t really looking properly before making a turn or switching lanes.
Bicycles do have lower profiles than cars and SUVs and they’ll be tough to spot if a driver is only making split-second glances at a mirror or fails to check blind spots.
This inattention happens every day across Pennsylvania and around Philadelphia. By PennDot figures, 16 bicyclists lost their lives across the state in 2019 and 1,003 injuries were reported. Philadelphia accounted for two of those fatal accidents in 2019.
In 2018, the number of reported injuries across the state were lower, 962, but the number of lost lives was greater, seeing 18 deaths overall. That year Philadelphia, tragically, lost four bikers in fatal accidents.
Bike Lane Accident Settlements
Accident settlements involving bike lanes require extensive legal research and assignation of fault. Settlement can vary based on the severity of the accident, along with other factors. In these types of cases, the injured party benefits from outstanding representation against corporations such as insurance companies, car manufacturers, helmet manufacturers, and even local governments. The team at The Pearce Law Firm are experts in obtaining settlements from Philadelphia area bicycle accident clients who are hurt in collisions that involve bike lanes and cars.
How Common Are Bike Lane Accidents?
There are many Philadelphians who commute across the city by bicycle. Philadelphia has more bicycle commuters per capita than the other ten largest cities in the nation at 2.1%.
In Philadelphia and Pennsylvania as a whole:
- Over 40 riders were killed on the city streets from 2011 through 2021.
- More than 130 riders were injured during the same time period.
- In 2020, there were 225 crashes in Philadelphia involving cyclists – in 2020 there were 819 bicycle crashes in Pennsylvania as a whole. These numbers were down from 2019, but due to the impact of the Covid19 pandemic, this was to be expected as many transitioned to work from home.
Because open bike lanes are involved in a large number of bicycle accidents in Philadelphia, at the end of 2022 the Philadelphia Parking Authority announced an enforcement initiative in an attempt to keep motorists out of the bicycle lanes along the streets throughout the city. This includes driving in, turning across, and parking in the designated lane. Many unprotected bike lanes cross driveways, intersections, and alleys – and none contain fencing or barriers that separate vehicles from bicycles. In the fall of 2022, eight officers on bicycles are tasked to patrol bike lanes in University City, Center City, and South Philadelphia, said Corinne O’Connor, the parking authority’s deputy executive director.
An unprotected bike lane is a lane that has no barrier like a fence, green belt, or wall between the cars and the riders. Unprotected lanes are generally just marked with street paint as “bike only” lanes – and sometimes drivers of cars simply ignore the designation.
Injuries from bicycle vs automobile accidents in bike lanes can be severe. A person weighing a few hundred pounds on a lightweight bicycle is struck by a vehicle made of steel and glass, weighing several thousand pounds. Bicyclists generally wear lighter clothing, without even the protective leather jackets and pants motorcycle riders are protected from. Helmets can greatly reduce the risk of brain injury, but there’s a lot that can happen below the area protected by your helmet during an accident, even at low speeds.
How to Stay Safe While Riding in Philadelphia Bike Lanes
- Wear A Helmet – Although not required in PA, every bicyclist should be wearing an approved bike helmet. Bike helmets should also be replaced after every impact.
- Use Lights & Reflectors – Lights and reflectors are key pieces of visibility that are part of your bike. Make sure lights are charged and batteries are replaced regularly so your lights work when you need them. Lights should be on the front AND back, as well as reflectors in your wheel spokes and on your pedals for maximum visibility.
- Wear Bright Clothes – Along with lights, bright clothes can help motorists see you, and stay out of your lane when traveling side-by-side on Philadelphia’s streets. Dark clothing, in the dark, on a dark bike make you blend in until it’s too late. Be bold and bright as you ride, day or night.
- Don’t Wear Headphones – being able to hear the car approaching, the horn honking or other sounds of traffic around you can help keep your riding defensive and you safe as you navigate busy Philadelphia streets.
- Know Your Laws – Bicycles are considered vehicles, which means all the same rules apply – signal your lane changes and turns, and be respectful and safe as you travel around Philadelphia on your bicycle.
When is an Automobile in a Bicycle Lane Liable for Injuries and Damages?
Bicycles have the right of way, and the right to use the bicycle lanes. Cars and trucks must stay out of those lanes unless safely crossing them to turn or pull into parking areas. If a parked car is blocking a bike lane illegally, and the bicycle rider must swerve to miss them, thus being hit or falling – the driver of that parked car could be held liable for damages and injury, right alongside the car that hit them.
If a driver uses the bike lane to pass slow traffic or cut a corner and hit a bicyclist in that bike lane, they could be held liable for the damages and injuries to the bicyclist.
Serious Injuries in Bicycle Collisions
When a bicycle is hit by a car, injuries tend to be more serious due to the lack of protection cyclists have when out in traffic. Riders don’t have several thousand pounds of steel around them for protection like the occupants of a car or SUV. They also can’t be secured by a seatbelt and that means impacts often send them from their bikes resulting in impacts with other vehicles and the ground. Cyclists have a helmet and their clothing and that’s about it.
It’s down to luck how an impact between a car and a bicycle might affect the rider. Some accidents may result in scrapes and muscle pain, but escape catastrophic injury and broken bones – others may result in a life-altering prognosis. There are varying degrees of injury within each type of injury that’s possible when a bicycle and car collide.
- Broken Bones – Many times the impact with a car can leave legs, arms, ribs, or other bones in the body broken and require lengthy recovery times, surgeries, and physical therapy.
- Road Rash/Debridement – Sliding along pavement after being hit by a car can cause the skin to be scraped from bone and muscle, called a debridement injury – or more commonly “road rash.” The severity can range from scrapes that heal with time and antibiotics to severe injuries that require the rebuilding of muscle and skin grafts.
- Spinal cord Injuries – The impact between a bicycle and car can cause a variety of injuries – including spinal cord trauma that may be short-term and resolve as swelling decreases over time. Spinal cord injuries can be severe and may require long hospitalization, many surgeries, and lengthy recovery time. You may even require occupational therapy and retraining as your current career may not e feasible for someone with a severe back injury.
- Head Trauma – Even with a helmet, head trauma is possible when a bicyclist is hit by an automobile. From striking the head on the vehicle, the pavement, a curb, or even just whiplash or other types of traumatic brain injury – long-term healing and prognosis can vary from full recovery to a permanent change of mobility, cognitive ability, and employability.
- Permanent Scarring – Because open wounds are common after a car vs bicycle accident, scarring from cuts and debridement injuries are not unheard of. Ensuring you have top-level treatment from therapy to plastic surgeons is an important step in the healing process.
- Back and Neck Injuries -Aside from spinal cord injury – back and neck injuries after an accident are common. The impact between cars and bicycles can be catastrophic and leave the injured bicyclist with sore muscles, broken bones, healing tendons and ligaments, and other injuries.
Philadelphia bicycle injury lawyer, Edith Pearce is a nationally recognized trial attorney and uses that expertise to ensure injured bicyclists are treated fairly during their recovery. She understands the unique risks those who love to bike face on a daily basis. She wants to protect those riders and their right to a safe ride the next time they get on a bike.
Road Rage and Bike Accidents in Philadelphia
Road rage is a serious problem on the streets and highway in the U.S. Around 200 people are killed in road rage incidents a year in the country. These aren’t “aggressive driving” deaths—that number is much higher—but are deaths where someone intentionally killed a stranger out on the road.
Road rage is different than other situations like aggressive driving because if you hurt or kill someone in a road rage incident, then you have committed an assault or homicide. When a cyclist is hurt in a road rage accident, it brings up all sorts of issues regarding compensation.
Pennsylvania Road Rage Incident
In one example in Lebanon In July of 2017, a 68-year-old cyclist was riding among friends when a driver in a tan 1990’s model Dodge Durango approached the four cyclists and turned sharply—and seemingly intentionally—into the group and then sped off. The 68-year-old cyclist sustained the worst of the injuries and spent weeks in the hospital, endured at least two surgeries and spent months in rehab. He almost died at one point from the complications from a surgery and still wonders if he will ever get back to full health.
So could he collect against the driver if he was found?
Intentional Injuries
In Pennsylvania, if someone injures you by being negligent, then you can get compensation from them for the injuries. If they injure you intentionally, the law still allows you to collect compensation from them, but the problem is, the insurance company will not pay out compensation for injuries cause by an intentional act.
At first blush this seems a bit unfair, but consider if all you had to do was get an insurance policy and purposefully run into people and thereby spread insurance money around for everyone. This doesn’t sound good, so that’s why it’s not allowed.
Sources of Compensation for Road Rage against Cyclists
This puts the intentionally injured people in a bad situation. They are injured, missing time form work and piling up a stack of bills, but then can’t collect from the driver’s insurance policy. This leaves them with only one option: looking to their own auto insurance policy for help.
Uninsured/Underinsured Insurance
If a person has uninsured/underinsured (UM/UIM) on their own policy, then this can be used for their bodily injury damages including things like pain and suffering, permanent disability and lost time from work.
A cyclist can use this coverage not because a bicycle is considered a vehicle, but because the cyclist was injured in an auto accident. Then the injured person’s own insurance might cover based on what provisions there are in the policy.
What about that intentional thing? The rule is that the person who is covered can’t be the one who intentionally did something to trigger the insurance coverage. So if you make a claim against your own insurance, you weren’t the one who intentionally hurt someone, so it potentially will cover—so long as you had the right coverage.
Medpay or Personal Injury Protection
In that same vein, a person’s own policy might have medpay or personal injury protection (PIP). Medpay is a provision that drivers can get on their own policy that will pay for medical bills regardless of who is at fault or who is injured so long as the insured or their vehicle is involved.
PIP works similar to medpay, but it pays medical bills plus other damages like pain and suffering and loss of wages. It also pays out regardless of who was injured or at fault so long at the insured or their vehicle is involved.
What do I do if I’m Injured by Road Rage?
If you are cycling and someone intentionally hits and injures you, you need to talk to a Philadelphia Bicycle Crash Attorney to find out your rights under the law. The insurance company might be right that you can’t collect from them because it was done intentionally, however, if you have the same insurance company, chances are they aren’t going to volunteer that your own policy could be used.
Even if they do, using UM/UIM can be tricky as there are certain requirements and rules that govern how it works.
Philadelphia Bike Wreck Lawyer FAQs
Can I get compensation if I got hit riding my bike in the street?
In Pennsylvania, it’s legal to ride in the street along with the motor vehicles so long as you obey all traffic codes and rights-of-way. So if you’re injured, you can get compensation by proving the other driver was negligent. If you feel you were partly to blame in the accident, you can still recover compensation. The other driver might be assigned a percentage of the blame and he or she would have to compensate you for that percentage of your bills and other hardships caused by your injuries.
How do I get compensation if the driver hit me and fled?
Unfortunately, if a hit-and-run driver is never identified you won’t be able to file a claim against his or her insurance policy. However, in Pennsylvania, if you have an auto insurance policy that has uninsured and underinsured motorist’s coverage, then you can make a claim on your own policy. Most policies include this coverage unless you deny the protection in writing when you sign up.
How long do I have to file a bike accident lawsuit in Pennsylvania?
In Pennsylvania, a victim of an auto accident has up to two years to file a claim in civil court. Once the two-year statute of limitations is up you forfeit your right to compensation unless there are special circumstances involved.
Experience and Expertise: Getting You The Compensation You Deserve
The lawyers at The Pearce Law Firm, P.C. have received the prestigious Super Lawyer & Rising Star awards and the firm has received the highest “AV” rating for legal ability and ethical standards from Martindale-Hubbell, the nation’s oldest and most respected attorney rating service.
A highly sought after and nationally recognized trial lawyer, Edith Pearce is the founder of The Pearce Law Firm, P.C. The Pearce Law Firm is able to offer our clients the personal attention and individualized representation needed to achieve the highest results possible, and Edith Pearce is personally involved in every case the firm handles. Unlike the huge firms with dozens of attorneys where many different attorneys may be handling different aspects of your case, Edith Pearce is involved in your entire case from start to finish. She genuinely cares about her clients and you will not be treated like just another case or file.
Compensation for Bicycle Accidents in Philadelphia
Most clients want to know how much they may be awarded in a claim for damages after their bicycle gets hit by a car. This is a fair question and needs to be addressed to give the injured victim some peace of mind that their future will be protected. At the Pearce Law Firm, PLLC, our experienced personal injury lawyers look at the specific circumstances of each accident and fashion a settlement or a request to the court with all of these in mind.
Some of the damages that are common to a bicycle accident are:
- Medical Bills (Past and Future)
- Rehabilitation (Past and Future)
- Damage to Bicycle or Replacement
- Travel Costs
- Missed Time from Work
- Future Loss of Income
- Permanent Disability
- Permanent Disfigurement
- Loss of Quality of Life
- Loss of Consortium (intimate emotional support of a spouse or domestic partner)
- Pain and Suffering
- Mental Anguish/PTSD
Call For More Information
The Pearce Law Firm is dedicated to protecting your rights and obtaining full and fair compensation for you.
If you or someone you know has been injured in a bicycle accident in the Pennsylvania/New Jersey area and is in need of a bicycle accident lawyer Philadelphia or a Cherry Hill bicycle accident lawyer, please contact us for a free consultation.
What Our Clients Have to Say
“I had a complicated bike accident that involved more than one party. Nicole Vitale of Pearce Law took my case and did quite amazing work — throughout the whole process. She was caring, upbeat, supportive — like what you’d expect from medical staff! But she was also very savvy on how to deal with the case. All her years of experience, work, and acumen led to a great settlement. If you are injured you want Nicole Vitale & Pearce Law on your side.”
Rating: 5/5 ⭐⭐⭐⭐⭐
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