Bicycle Accident Lawyer in Montgomery County
If you have been injured in a bicycle accident in Montgomery County because of a negligent vehicle driver, Pennsylvania statutes allow you to seek damages regardless of your insurance policy. A Montgomery County personal injury attorney can ensure you recover the maximum compensation available.
Common Causes of Bicycle Accidents
Bicyclists have as much right to use the roadways as motor vehicle drivers. Thus, drivers are obligated to watch for bicyclists and drive safely around them.
The National Highway Traffic Safety Administration (NHTSA) shares that failing to yield and the bicyclist not being visible to a driver are the top two causes of bike accidents. Additional causes include:
- Driving while drunk, drowsy, or distracted
- Following or passing too closely
- Straying into bicycle lanes
- Changing lanes suddenly or without checking their blind spots
- Turning negligently
- Disregarding traffic controls
- Driving while impaired
- Opening doors without checking
- Driving aggressively
The NHTSA reports further that bicyclist deaths are highest between June and September, and approximately three-quarters occur in urban areas.
We Handle All Types of Bicycle Injuries
Regardless of the type of injury, a Montgomery County bicycle accident attorney at Cordisco & Saile LLC can help.
Bicycle injuries may include the following:
- Head injuries
- Traumatic brain injury
- Spinal cord injuries
- Broken bones
- Soft tissue injuries
According to the NHTSA, the speed of the motor vehicle positively correlates to the severity of injuries and the rate of death. Bicycle crashes where the posted speed limit is 50 mph were five times as likely to result in a fatality compared to when the speed limit is 25 mph. Increasing the speed limit from 30 to 35 mph increases the risk by 65 percent.
Have you suffered an injury?
Getting Fair Compensation for Your Injuries
Bicycle accidents can be catastrophic. These types of injuries can result in overwhelming medical expenses with the need for extensive ongoing care, the inability to continue working, and a decreased quality of life.
Types of Compensation
You may be entitled to the following types of compensation following a bike accident injury:
- Economic damages
- Noneconomic damages
- Punitive damages
Economic damages are the monetary costs of your injuries, including medical expenses and lost earnings. Lost earnings include the time you missed at work because of your injuries and any future earnings you will now be deprived of.
Noneconomic damages are the non-monetary, quality-of-life impairments you have experienced because of your injuries. This may include:
- Pain and suffering
- Mental anguish
- Loss of bodily functions
- Loss of society
- Loss of consortium
Compensation for non-economic damages can be substantial in cases of permanent disability and chronic pain.
Punitive damages are awarded when you can prove that the driver hit you intentionally or because of gross negligence, such as in the case of drunk driving. A jury awards punitive damages, which are not available in all cases. State law limits punitive damages to double the total economic and noneconomic damages.
Who can an injured bicyclist sue?
Pennsylvania state law prohibits drivers with limited tort insurance coverage from suing the other driver in an accident. However, the law makes an exception for bicyclists and pedestrians. Regardless of the insurance policy you own or whether you own insurance at all, bicyclists injured by drivers are automatically full tort.
Dealing with the Insurance Company
Insurance companies may try to blame you for the accident or resort to other tactics to avoid paying you the compensation you need and deserve. A Montgomery County personal injury attorney can negotiate with the insurance company on your behalf while you focus on your recovery.
Who may be liable for my bicycle injuries?
An experienced personal injury lawyer can determine who is liable for your injuries. Possible liable parties may include the following:
- The driver
- The owner of the vehicle
- An employer
- A bicycle manufacturer
- A vehicle parts manufacturer
- A city, county, or state government entity
What to Do After a Bicycle Crash in Montgomery County
- Seek medical attention.
- File an accident report in your jurisdiction.
- Obtain insurance information from the driver.
- Do not admit fault or discuss the accident.
- Take photos of the accident.
- Collect names and contact information of eyewitnesses.
- Contact an attorney as soon as possible.
A trauma center is well-equipped for catastrophic injuries to provide emergency and ongoing treatment. The two trauma centers in Montgomery County are:
In an emergency, the most important step you can take is to get to the nearest facility. If your accident occurs outside the Jefferson and Wynnewood areas, visit the closest emergency department. The emergency department can stabilize you and transfer you to a trauma center if necessary.
What can I do if my loved one was killed in a bicycle crash?
In the tragic death of a family member, the immediate family may have the right to file a wrongful death claim to seek economic, noneconomic, and punitive damages, such as the following:
- Funeral expenses
- Burial expenses
- Pain and suffering
- Loss of consortium
- Loss of guidance
You also have the right to file a survival action to claim damages on behalf of the deceased, including the medical expenses and pain and suffering of the deceased.
When should I contact a bicycle lawyer in Montgomery County?
All states set time limits on when you can file a personal injury case, called the statute of limitations. In Pennsylvania, that deadline is two years from the date the injury occurred. A vast amount of preparation is required before a case can be filed, so it is essential to contact a Montgomery County personal injury lawyer as soon as possible after the accident.
How can a Montgomery County personal injury attorney help with my case?
The Montgomery County bicycle accident lawyers at Cordisco & Saile LLC can help you with the following:
- Investigating the causes of your accident
- Identifying the liable parties
- Dealing with the insurance company
- Filing your case
- Negotiating a settlement
- Taking your case to trial, if necessary
- Collecting your proceeds
Why should I choose Cordisco & Saile LLC?
Our firm recently accepted the case of a grieving family whose son was killed in a bicycle accident after dark. The deceased was wearing dark clothing and did not have lighting on his bicycle. He was hit by an 83-year-old driver who did not see him. There were no significant economic losses in this case.
Most law firms would have turned down such a case, but we fought for this family and won an insurance settlement of $200,000, which the family accepted while choosing not to litigate in court due to their grief.
Our compassionate attorneys treat clients like family and have decades of experience. We have seven office locations throughout Pennsylvania.
If a careless driver has injured you in a bicycle accident, don’t wait until it is too late. Contact a bicycle accident attorney today for a free case evaluation.
Frequently Asked Questions
How common are bicycle accidents in Montgomery County?
According to the Pennsylvania Department of Health, 592 bicycle injuries resulting in hospitalizations were recorded across the state in 2020, and 52 occurred in Montgomery County.
How much does a bicycle accident lawyer cost?
The personal injury attorneys at Cordisco & Saile LLC operate on a contingency fee basis, which means you only pay us if we win.
How long does it take to get a bicycle accident settlement?
Settling a case can take a few months to a year or longer. Cases that go to trial generally take longer. The length of time depends on the cooperation of the insurance company during negotiations, the complexity of your case, and the severity of your injuries.
What if I am partly at fault for my bicycle accident?
According to Pennsylvania Statute § 7102, being partly at fault in an accident does not bar you from recovering compensation under the comparative negligence law unless you are more at fault than the opposing party. If you share 50 percent or less of the blame for the accident, your compensation will be adjusted proportionately.
In cases involving multiple liable parties, each party’s responsibility will be proportionate to its own share of the fault. However, if the injurious conduct was intentional or one party bears at least 60 percent of the fault, these parties can be liable for the entire amount.
What if I wasn’t wearing a helmet?
Bicycle helmets are not required under Pennsylvania law, and the law specifically prohibits the lack of a bicycle helmet from being used against you in the event that you are injured.
Should I accept the insurance company’s offer?
Insurance companies commonly offer an early settlement, but it is often significantly lower than the amount you need. It is crucial that you know the lifetime cost of your injuries before a settlement can be negotiated.
The insurance company may try to convince you that you will get nothing if you do not accept their offer. They may try to persuade you to sign documentation that could amount to a forfeiture of your rights. Never trust the insurance company to act in your best interests.
If you receive any contact from the insurance company, the opposing party, or any opposing party's representatives, always direct the party to contact your attorney without comment.
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