Lehigh County Bicycle Accident Lawyer: Protecting Your Rights After a Crash

A bicycle accident in Lehigh County can change your life in an instant. One moment you are enjoying a ride on the D&L Trail or navigating a city street in Allentown, the next you are facing serious injuries, medical bills, and uncertainty. We understand the shock and stress you are experiencing.

After a bicycle crash, you might feel overwhelmed. The path forward can seem unclear. Our firm is here to help you understand your rights and the steps you can take to protect your future.

Understanding Bicycle Accidents in Lehigh County

Lehigh County offers many opportunities for cycling, from scenic routes to urban commuting. However, this also means cyclists often share roads with vehicles, leading to accidents. These crashes can result in severe injuries due to the lack of protection for bicyclists.

Common types of bicycle accidents include:

• "Right hook" accidents: A car turning right cuts off a cyclist going straight.
• "Left cross" accidents: A car turning left fails to yield to an oncoming cyclist.
• Rear-end collisions: A driver hits a cyclist from behind, often due to distraction or speeding.
• Doorings: A parked car occupant opens a door into the path of an oncoming cyclist.
• Run-off-road accidents: A driver forces a cyclist off the road without making direct contact.

Many of these accidents happen at intersections or when drivers fail to see cyclists. Even on dedicated trails, such as those crossing busy roads, accidents can occur if drivers are not paying attention to signs or yield requirements.

Pennsylvania Bicycle Laws You Should Know

As a bicyclist in Pennsylvania, you have rights and responsibilities on the road. The law generally treats bicycles as vehicles, meaning cyclists must follow many of the same traffic laws as drivers. This includes obeying traffic signals, stop signs, and riding with the flow of traffic.

Important laws for cyclists in Pennsylvania:

• You must use a front white light and a rear red light or reflector when riding after dark.
• If you are under 12, you must wear a helmet. We recommend all cyclists wear helmets for safety.
• You must ride as close as practicable to the right-hand curb or edge of the roadway, except when passing, turning left, avoiding hazards, or in a lane too narrow for a bicycle and a vehicle to share safely side-by-side.

When a driver's negligence causes a bicycle accident, the law provides a way for injured cyclists to seek recompense. Driver negligence can include distracted driving, speeding, failing to yield, or driving under the influence.

Limited Tort vs. Full Tort and Bicycle Accidents

Pennsylvania's car insurance system includes "limited tort" and "full tort" options. This choice impacts your ability to pursue a claim for certain kinds of harm after a car accident. If you selected limited tort on your car insurance policy, you generally cannot pursue a claim for pain and suffering unless your injuries meet a "serious injury" threshold.

However, there are important exceptions to limited tort, especially for bicycle accident victims. One key exception applies when you are riding a bicycle and are struck by a car. Under Pennsylvania law, specifically 75 Pa. C.S. § 1705(d)(3), the limited tort option does not apply to you if you are a pedestrian or bicyclist injured by a motor vehicle. This means if you were on your bicycle when the crash happened, you are often able to pursue a claim for pain and suffering, even if your car insurance policy includes limited tort.

This exception is vital for bicycle accident victims in Lehigh County because bicycle crashes often lead to significant physical and emotional hardship.

Steps to Take After a Lehigh County Bicycle Accident

The moments after a bicycle accident can be confusing and painful. However, what you do next can greatly affect any future legal claim. Here are immediate steps to consider:

1. Seek Medical Attention: Your health is the top priority. Even if you feel fine, injuries might not be immediately apparent. Call 911 or have someone call for you. Get checked by paramedics or go to a local hospital like Lehigh Valley Hospital-Cedar Crest.
2. Report the Accident: Call the police to the scene. A police report creates an official record of the incident, which can be helpful later.
3. Gather Information: If you are able, collect contact and insurance information from the driver involved. Get names and phone numbers of any witnesses. Take photos of the scene, your bicycle, your injuries, and the vehicle involved.
4. Do Not Admit Fault: Avoid making statements that suggest you were at fault, even if you are unsure of what happened.
5. Keep Records: Save all medical bills, reports, and any other documents related to the accident and your injuries.
6. Contact a Lawyer: Speak with a lawyer who understands bicycle accident law in Pennsylvania. We can guide you through the process and protect your rights.

Insurance adjusters may contact you soon after the accident. Be careful what you say. Their goal is often to minimize what their company might pay. It is best to let your lawyer handle communications with insurance companies.

Common Injuries from Bicycle Crashes

Bicycle accidents frequently cause severe injuries. Unlike drivers in cars, cyclists have little to protect them from the impact of a vehicle or the ground. These injuries can include:

• Head Injuries: Even with a helmet, concussions, skull fractures, and traumatic brain injuries (TBIs) are common.
• Bone Fractures: Broken arms, legs, wrists, ribs, and collarbones are frequent, often requiring surgery and extensive recovery.
• Spinal Cord Injuries: These can range from herniated discs to paralysis, profoundly affecting a person's life.
• Road Rash and Lacerations: Abrasions and deep cuts can lead to infections and permanent scarring.
• Internal Organ Damage: Impacts can cause internal bleeding or damage to organs.

These injuries often require long-term medical care, rehabilitation, and can prevent you from working. The physical and emotional toll can be immense.

The Deadline to File Your Claim: Statute of Limitations

In Pennsylvania, there are strict time limits for filing a personal injury lawsuit. This is known as the statute of limitations. For most personal injury cases, including bicycle accidents, you generally have two years from the date of the accident to file a lawsuit. This rule is set out in 42 Pa. C.S. § 5524.

If you miss this deadline, you will likely lose your right to pursue legal action, no matter how strong your case. It is important to act quickly to ensure your legal rights are protected. Waiting too long can also make it harder to gather evidence and witness statements.

Comparative Negligence in Pennsylvania

Pennsylvania follows a rule called "modified comparative negligence" under 42 Pa. C.S. § 7102. This means that if you were partly at fault for the accident, it could affect your ability to recover funds. If a jury finds you were 50% or less at fault, you can still pursue a claim, but any amounts may be reduced by your percentage of fault. For example, if you were found 20% at fault, your funds could be reduced by 20%.

However, if you are found to be more than 50% at fault for the accident, you are barred from receiving any funds for your injuries. This rule highlights why thorough investigation and strong legal representation are so important after a bicycle accident in Lehigh County.

Why Choose Our Firm for Your Lehigh County Bicycle Accident Case?

Navigating the legal system after a bicycle accident is complex. We focus on personal injury law, including bicycle accidents, across Lehigh County and the Lehigh Valley. We are familiar with local conditions, such as busy corridors like MacArthur Road in Whitehall Township and the challenges cyclists face at specific trail crossings.

Our firm works to:

• Investigate your accident thoroughly, collecting evidence and interviewing witnesses.
• Handle all communications with insurance companies on your behalf.
• Work with medical experts to fully understand the extent of your injuries and future needs.
• Build a strong case to pursue the maximum possible for your injuries and losses.
• Represent you in negotiations or, if necessary, in the Lehigh County Court of Common Pleas.

We cannot promise a specific outcome for your case, as every situation is unique. However, we can promise to dedicate our knowledge and resources to fighting for your rights.

What to do next

If you or a loved one has been injured in a bicycle accident in Lehigh County, the most important next step is to speak with an experienced personal injury lawyer. Do not delay. Contact our firm for a free consultation to discuss your situation and understand your legal options.

Serving injured Pennsylvanians in: Philadelphia.

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Frequently Asked Questions

What should I do immediately after a bicycle accident in Lehigh County?

First, seek medical attention for your injuries. Then, if possible, call the police to report the accident, gather contact information from the driver and witnesses, and take photos of the scene. Avoid admitting fault and contact a personal injury lawyer as soon as you can.

How long do I have to file a bicycle accident claim in Pennsylvania?

In Pennsylvania, the general rule is that you have two years from the date of the accident to file a personal injury lawsuit. This deadline is called the statute of limitations. It is crucial to act within this timeframe to protect your legal rights.

What if I was partly at fault for the bicycle accident?

Pennsylvania follows a modified comparative negligence rule. If you are found to be 50% or less at fault, you may still be able to receive funds, though they will be reduced by your percentage of fault. If you are more than 50% at fault, you generally cannot recover anything.

Does my car insurance affect my bicycle accident claim?

Your car insurance policy can impact your claim, especially regarding limited tort. However, if you were injured while on your bicycle, Pennsylvania law (75 Pa. C.S. § 1705(d)(3)) often overrides the limited tort election, allowing you to pursue a claim for pain and suffering.

What kind of expenses can be considered after a bicycle accident?

After a bicycle accident, you might face significant medical bills, lost wages from time off work, and costs for rehabilitation. We consider these and other impacts of your injuries when building your case.

Should I speak to the other driver's insurance company?

It is generally best to avoid speaking directly with the other driver's insurance company. Their adjusters often try to get statements that could harm your claim. It is recommended to let your lawyer handle all communications with insurance providers.

Serving injured Pennsylvanians in: Philadelphia.