When an Erie, PA, driver could have prevented a bicycle accident that led to your injuries, you may be eligible for compensation for your losses. Your lawyer with Berger and Green can evaluate your situation, advise you of your rights, and help you pursue compensation from all potentially responsible parties.
How Can Berger and Green Help Me?
After you contact our firm for a free consultation, our lawyers can start investigating the facts surrounding your bicycle accident case and determine who is at fault for causing your accident. We also can get documentation of your injuries and other losses following a bicycle accident.
Filing a Claim or Lawsuit
Once we have determined the causes of your accident, we can file a claim for compensation with the insurance company for the responsible parties. We can negotiate with the insurance company and provide it with any documentation that it needs to make a determination on your claim.
If we are unable to reach an acceptable settlement regarding your insurance claim, we can file a personal injury lawsuit in court. We then can pursue damages through court proceedings.
For a free legal consultation with a bicycle accident lawyer serving Erie, call 412-661-1400
What Kind of Famages can You Get in a Bicycle Accident Case?
The kinds of damages you might recover in a bicycle accident case can vary according to the severity of your injuries. However, you generally may be able to recover compensation from the parties responsible for your accident for one or more of the following items:
- Medical, surgical, hospitalization, and rehabilitation expenses
- Lost income when unable to work due to your injuries
- Physical pain and suffering
- Emotional trauma
- Loss of enjoyment of life
- Permanent disability
The amount of damages will also differ from one bicycle accident case to another. If you suffer temporary, minor injuries that will heal with treatment, you likely will recover fewer damages than if you suffer severe injuries that will leave you with permanent impairments.
Erie Bicycle Accident Lawyer Near Me 412-661-1400
How do You Prove Your Case?
In personal injury cases, including those that arise from bicycle accidents, injury victims generally must prove that the driver was negligent in some way that caused the accident.
Some forms of evidence you can present are:
- Photos of the road conditions, your bicycle, and your injuries
- Traffic camera footage
- Witness statements
- Black box information, if a truck was involved
- Medical records
- Cell phone records
- The accident report
In reference to the last bullet, evidence of negligence includes proof that the driver violated traffic rules or regulations in some way, which should be noted in the accident report. For instance, evidence that drivers were speeding, driving while intoxicated, or running a red light at the time of the accident often result in successful claims for victims.
If the Driver Violated Traffic Laws
Special traffic rules exist for when motorists are driving near bicyclists. Pa. C.S.A. § 3303, for example, requires that a motorist overtaking a bicyclist traveling in the same direction may pass the bicyclist at a reasonable and prudent speed.
However, the driver must leave at least four feet between their vehicle and the bicyclist; failure to do so is a violation of the law and can prove negligence.
How do Bicycle Accidents Commonly Happen?
While bicycle accidents can happen in many different ways, some situations more commonly lead to bicycle accidents than others.
Examples of these causes are:
According to the Pennsylvania Department of Transportation (PennDOT), one of the most common types of bicycle accidents is a “dooring” accident. This occurs when a driver or passenger fails to look before opening a vehicle door directly into the path of a bicyclist. This action can knock bicyclists off their bicycles and even propel them into other vehicles traveling on the roadway.
Another common kind of bicycle accident is the “right-hook” crash, in which a driver fails to completely overtake a bicyclist before turning right in front of him or her. The cyclist, who is proceeding straight, is then hit from the left side by the vehicle or strikes the side of the vehicle as it turns.
Finally, bicyclists can be injured when drivers fail to slow down sufficiently when approaching bicyclists from behind. This situation can cause the driver to rear-end the bicyclist. Such an accident can result in severe injuries due to the overwhelming size, speed, and force of the vehicle compared to the bicycle.
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How Long do You Have to File a Bicycle Accident Case?
Pennsylvania law places a time limit (or a statute of limitations) on the amount of time that injured bicyclists have to file their personal injury cases in court. Pa. C.S.A. § 5524 requires that injury victims file their cases within two years of the date on which their accidents occurred.
If you fail to meet this deadline, you risk being unable to get any compensation for your losses. However, there might be exceptions to these time limits. So, we encourage you to reach out to us to learn more about which one applies to your case.
Connect with Berger and Green Today and See how We Can Help with Your Case
A lawyer from our law firm can help you seek compensation for your injuries and related losses caused by the bicycle accident in Erie. We can help you through the legal process while you focus your energy on recovering from your injuries.
Call Berger and Green today at (412) 661-1400 and get your free case consultation. We can discuss the facts of your situation and explain how the law applies to your case. You won’t be required to pay us any fees unless you obtain compensation.