Bicycle accidents often lead to severe injuries for individuals in the Philadelphia area. Unfortunately, these incidents are sometimes caused by the careless or negligent actions of others. It is important for individuals to know who pays for injuries after a bicycle accident occurs in Philadelphia. Bike crash victims typically face major medical bills and potentially lost wages that can put them in dire financial straits.
Pennsylvania is a No-Fault Accident State: Does This Affect Bicycle Accident Claims?
The Commonwealth of Pennsylvania operates under a choice “no-fault” system. Under this system, individual drivers can choose to use limited-tort insurance or full-tort insurance when it comes to operating their vehicles legally on the roadway.
The default in this state is limited-tort, which is the no-fault system. When an individual has limited-tort insurance, they will turn to their own insurance carrier when they get into a vehicle accident. Their insurance will pay for medical bills, lost wages, and out-of-pocket expenses. However, bicycle accidents are one of the exceptions where limited-tort will not apply, even if that is the type of automobile insurance the individual victim has.
In Pennsylvania, bicycle accidents are covered by automobile insurance. However, the no-fault rules will not apply. In a 2004 Pennsylvania Supreme Court case (L.S., a Minor v. David Eschbach, Jr., Inc., 844 A.2d 1215), the judges ruled that limited-tort does not apply to pedestrians. By extension, bicyclists are considered pedestrians because they are not operating motor vehicles. All of a bicycle accident victim’s expenses will be covered by the insurance of the at-fault driver in the accident.
It is crucial to gather the evidence needed to prove liability in these claims. Because this is not as simple as filing a no-fault claim with your own insurance carrier, the evidence will help prove the fault of the other driver involved. Some of this evidence can include statements from eyewitnesses to the accident, photographs taken at the scene of the incident, video surveillance from nearby cameras, and police reports.
Bicyclists should be able to recover a range of compensation in these situations. This includes, but is not limited to, the following:
- Coverage of all medical bills
- Physical therapy and rehabilitation expenses
- Property damage expenses
- Lost income if a victim cannot work
- Various household out-of-pocket expenses
- Pain and suffering damages
In the event, no party is at fault, or if there is shared liability, the bicyclist’s injuries will be covered by their own automobile insurance.
Contact a Skilled Philadelphia Bicycle Accident Lawyer
If you or somebody you care about has been injured and a bicycle accident caused by the careless or negligent actions of another driver in Philadelphia, reach out to an attorney immediately. A skilled Philly bicycle accident lawyer can get involved quickly, conduct a complete investigation into your case, and help uncover the evidence needed to prove liability. The job of an attorney is to ensure that their client recovers full compensation for their losses so that they can be made whole. An attorney will work with trusted medical and financial experts to help properly calculate all expected losses and vigorously negotiate with insurance carriers.