Roughly 50,000 cyclists a year are injured in traffic crashes in America, according to the National Highway Traffic Safety Administration. This large figure doesn’t even account for solo bike accidents that don’t involve motor vehicles. When a bicyclist is injured in a bike accident, the way in which insurance comes into play depends upon the nature of the accident.
Below we discuss four different bike accident scenarios and how insurance might be used for each. For case-specific questions, you’ll want to contact a bicycle accident attorney in your area.
When a bicyclist is involved in an accident with a motor vehicle, the driver’s auto insurance may come into play. First, fault will be assessed. If the bicyclist were at fault, his or her health insurance would have to pay for injuries. If the driver was at fault or even partly at fault, the driver’s insurance company will pay for the cyclist’s damages up to the policy’s limits (minus the cyclist’s degree of fault, if applicable).
Roadway Defect Accidents
Some bicycle accidents are caused by defective roads, malfunctioning signals or poor roadway designs. If the roads are improperly designed or shoddily maintained and it causes a cyclist to crash and sustain injury, there’s a possibility that the government entity in charge of the roadway may be legally liable for the victim’s damages. If this is the case and the victim can prove this in an injury claim, then the agency will have to foot the bill for the damages, rather than the victim’s insurer.
Defective Bicycle Parts Accidents
There are also accidents caused by a defective bicycle parts, such as faulty brakes or tires. If a cyclist is involved in a crash caused by a defective part, then a possible form of legal action would be to file a product liability claim against the manufacturer. This is an option regardless of whether or not there was a vehicle involved in the accident. If the manufacturer is found liable, its insurance company would be responsible for paying for the damages.
Solo Bike Accidents
If a bicyclist wrecks on his or her own and it’s no one’s fault, then the cyclist will have to pay for his or her own damages using personal insurance. This may include health insurance and disability insurance, such as private disability and Social Security disability.
Hurt in a bike accident? Call Cordisco & Saile LLC.
For serious bicycle accidents, it’s extremely advantageous to have an attorney help you recover damages. To speak with a bicycle accident attorney in Pennsylvania, contact Cordisco & Saile LLC. Let us review your case, negotiate with insurers and help secure the compensation you need. Call us today at 215-642-2335 and schedule a free consultation.