Pennsylvania Bicycle Accident Law: Your Rights and Limited Tort

A bicycle accident can turn your life upside down in an instant. One moment you are enjoying a ride, and the next you are facing serious injuries, medical bills, and uncertainty about your future.

We understand the urgency of your situation. You need clear information about your rights and what steps you can take in Pennsylvania.

Understanding Bicycle Laws in Pennsylvania

Pennsylvania law treats bicycles as vehicles and bicyclists as drivers in most situations. This means that when you are riding a bicycle on a public road, you generally have the same rights and duties as someone driving a car. This includes obeying traffic signals, stop signs, and riding on the right side of the road.

However, there are specific laws that apply directly to bicycles, and these are important to understand if you have been involved in an accident.

The Four-Foot Passing Rule

One of the most critical laws for bicyclist safety is Pennsylvania's "four-foot passing rule." This rule requires drivers of motor vehicles to provide a safe distance when passing a bicyclist. Specifically, the law states that a driver must leave at least four feet of space between their vehicle and the bicycle when passing. Drivers must also pass at a careful and prudent speed.

This rule is designed to prevent "close passes" that can startle bicyclists or create a dangerous situation where they could be forced off the road. If a driver fails to give you this required space and it leads to an accident, they may be found negligent.

Where Bicycles Can and Cannot Ride

Generally, bicyclists have the right to ride on most public roads in Pennsylvania. There are exceptions, such as limited-access highways where bicycle travel is prohibited. In areas with a designated bike lane, bicyclists are usually expected to use it. When no bike lane exists, bicyclists should ride as far to the right as practicable, except when:

• Passing another vehicle or obstruction.
• Preparing for a left turn.
• Avoiding hazards on the road.
• The lane is too narrow to share safely with a motor vehicle.

Understanding these rules helps establish who was at fault in an accident. If a driver claims you were riding improperly, knowing your rights under the Vehicle Code is essential.

Limited Tort and Bicycle Accidents

If you elected "limited tort" on your car insurance policy, you generally limit your ability to recover compensation for certain types of damages, specifically pain and suffering, after a car accident. However, bicycle accidents are often treated differently. This is a crucial point for many accident victims.

The Limited Tort Carve-Out for Bicyclists

Pennsylvania law includes specific exceptions, or "carve-outs," to the limited tort election. One of these important exceptions applies directly to bicyclists. Even if you chose limited tort on your own auto insurance policy, you are not bound by those limitations if you are involved in a bicycle accident. This is because, under 75 Pa. C.S. § 1705(d)(3), the limited tort election does not apply to a person injured while occupying a motorcycle, motor-driven cycle, motorized pedalcycle, or bicycle. This means you may be able to pursue full compensation for all your damages, including pain and suffering, just as if you had full tort coverage.

This carve-out is a significant protection for bicyclists in Pennsylvania. It recognizes the vulnerable nature of riding a bicycle and aims to ensure that injured bicyclists can seek full justice for their injuries, regardless of their auto insurance choices.

If you were hit by a drunk driver while on your bicycle, another carve-out also applies. Under 75 Pa. C.S. § 1705(d)(1)(i), if the at-fault driver is convicted of or accepts Accelerated Rehabilitative Disposition (ARD) for driving under the influence, your limited tort election would not apply. This allows you to pursue full compensation for all damages, including pain and suffering.

Common Injuries in Bicycle Accidents

Bicycle accidents often result in severe injuries due to the lack of protection for the rider. We frequently see clients with:

• Head injuries, including concussions and traumatic brain injuries (TBIs).
• Bone fractures, especially of arms, legs, ribs, and collarbones.
• Spinal cord injuries.
• Road rash and severe abrasions.
• Internal organ damage.
• Dental and facial injuries.

These injuries can require extensive medical treatment, long recovery periods, and may lead to permanent disability. The costs associated with these injuries can quickly become overwhelming, adding significant stress to an already difficult time.

What to Do After a Bicycle Accident

The actions you take immediately after a bicycle accident can significantly impact your ability to recover compensation. It is vital to act quickly and carefully.

1. Seek Medical Attention: Your health is the absolute priority. Even if you feel fine, some serious injuries may not show symptoms immediately. See a doctor as soon as possible. Follow all medical advice and keep detailed records of your treatment.
2. Call the Police: A police report creates an official record of the accident. This report can contain crucial details, including witness statements and initial assessments of fault.
3. Gather Information: If you are able, collect the driver's insurance information, contact details, and license plate number. Get contact information for any witnesses. Take photos of the accident scene, your bicycle, your injuries, and the vehicle involved.
4. Do Not Admit Fault: Avoid making statements that suggest you were to blame for the accident, even if you are unsure of the details. Do not apologize. Stick to the facts.
5. Do Not Give a Recorded Statement: An insurance adjuster for the other party may contact you. They are not on your side. Do not give a recorded statement without first speaking with an attorney.
6. Preserve Evidence: Keep your damaged bicycle as it is. Do not repair it until an attorney advises you. Hold onto any torn clothing or damaged gear.

Dealing with Insurance Companies

After a bicycle accident, you will likely find yourself dealing with insurance companies – both your own and the at-fault driver's. Insurance adjusters are trained to minimize payouts. They may try to get you to accept a quick, low settlement or discourage you from seeking legal help.

It is important to remember that anything you say to an insurance company can be used against you. They might try to downplay your injuries or suggest that your own actions contributed to the accident. We can handle all communications with insurance companies on your behalf, protecting your rights and ensuring you do not inadvertently harm your case.

The Statute of Limitations in Pennsylvania

In Pennsylvania, there is a strict deadline for filing a personal injury lawsuit after a bicycle accident. This deadline is known as the statute of limitations. For most personal injury claims, including those from bicycle accidents, you generally have two years from the date of the accident to file a lawsuit. This rule is found in Pennsylvania law at 42 Pa. C.S. § 5524.

If you miss this two-year deadline, you will likely lose your right to pursue compensation for your injuries, regardless of how strong your case might be. It is critical to speak with a Pennsylvania bicycle accident lawyer as soon as possible to ensure your claim is filed within the legal timeframe.

Comparative Negligence in Bicycle Accidents

Pennsylvania follows a modified comparative negligence rule, found at 42 Pa. C.S. § 7102. This means that if you are found partially at fault for the accident, your compensation can be reduced by your percentage of fault. For example, if you are found 20% at fault, your total recovery would be reduced by 20%.

However, if you are found to be more than 50% at fault for the accident, you are barred from recovering any damages at all. Insurance companies and defense lawyers will often try to place as much blame as possible on the bicyclist. We work to protect you from unfair accusations of fault and ensure that liability is accurately assessed.

Why You Need a Pennsylvania Bicycle Accident Lawyer

Navigating the aftermath of a bicycle accident involves complex legal and insurance issues. You are facing medical bills, lost wages, and potentially life-altering injuries. Trying to handle all of this while also recovering from your injuries can be overwhelming.

We can help you by:

• Investigating the accident and gathering evidence, including police reports, witness statements, and accident reconstruction data.
• Determining all liable parties and their insurance policies.
• Calculating the full extent of your damages, including medical expenses, lost income, pain and suffering, and future care needs.
• Handling all communications and negotiations with insurance companies.
• Ensuring your claim is filed within the strict statute of limitations.
• Representing you in court if a fair settlement cannot be reached.

Our goal is to protect your rights and fight for the maximum compensation you deserve so you can focus on your recovery. We cannot promise a specific outcome, but we are committed to providing dedicated and aggressive legal representation for every client.

What to do next

If you or a loved one has been injured in a bicycle accident in Pennsylvania, take the crucial first step: contact a Pennsylvania bicycle accident lawyer for a consultation.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.

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Frequently Asked Questions

What is the four-foot passing rule for bicyclists in Pennsylvania?

Pennsylvania law requires drivers of motor vehicles to provide at least four feet of clearance when passing a bicyclist. They must also pass at a careful and prudent speed to ensure the bicyclist's safety.

Do bicyclists have the same rights as drivers in Pennsylvania?

Yes, generally, bicyclists are considered to have the same rights and duties as vehicle drivers when on public roads in Pennsylvania. This means they must obey traffic laws like stop signs and traffic lights, but also have the right to use the road.

Can I recover pain and suffering damages if I have limited tort insurance and was hit on my bicycle?

Yes, in many cases. Pennsylvania law includes a specific exception (75 Pa. C.S. § 1705(d)(3)) that states the limited tort election does not apply if you are injured while riding a bicycle. This means you may be able to pursue full compensation, including for pain and suffering.

What is the deadline for filing a bicycle accident lawsuit in Pennsylvania?

In Pennsylvania, the statute of limitations for most personal injury claims, including bicycle accidents, is two years from the date of the accident. This deadline is set by 42 Pa. C.S. § 5524.

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

Pennsylvania follows a modified comparative negligence rule. Your compensation can be reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you cannot recover any damages.

Should I talk to the other driver's insurance company after a bicycle accident?

It is generally not advisable to give a recorded statement or discuss the details of the accident with the other driver's insurance company without first consulting an attorney. Their primary goal is to minimize their payout, and anything you say can be used against you.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.