Biking in Pennsylvania has become more common in recent years, with people using bikes for both transportation and recreation. However, this requires motorists to be on the lookout for bicyclists. Unfortunately, when drivers do not safely share the roads with cyclists, devastating injuries can result.
If you recently were struck by a vehicle while riding your bike, you are likely in a great deal of physical and emotional pain, and your injuries may prevent you from working. Obtaining a monetary settlement from the driver of the car that hit you could resolve some of your financial burdens, leaving you the ability to focus on getting healthy again. Reach out to a Blair County bicycle accident lawyer to see if you have a viable claim for a personal injury lawsuit. A dedicated personal injury attorney could help you decide the best course of action for your unique situation.
Since there are not many designated biking lanes in Blair County, cars and bicycles often need to share the roads. Many of the collisions between drivers and bicyclists that occur in the area are avoidable and result from the negligence of a vehicle driver. Often, distracted driving, speeding, or driving under the influence cause collisions with bikers. Some drivers also attempt to illegally pass cyclists.
Many accidents also take place at intersections and stop signs when a driver fails to yield to cyclists. Since bikes are much smaller than cars, motorists do not always see bikes before rear-ending or sideswiping them. Drivers and passengers can also injure cyclists if they do not look out for passing bikers before opening their car doors.
A skilled local lawyer would look through all the evidence from the crash scene to try to determine how the bicyclist was struck. Dedicated attorneys could review the police reports, witness statements, and traffic camera video footage. He or she could also visit the scene of the accident to view the surroundings, and evaluate the damage to the car and the bicycle.
Following a bike wreck, a claimant could be eligible for several different forms of compensation. Injured bicyclists could pursue recovery for all of their economic losses resulting from the accident, including past, current, and future medical costs, physical therapy, lost income, and future lost potential earning capacity. Pennsylvania courts also award non-economic damages to compensate claimants for their intangible losses, such as pain and suffering, loss of the enjoyment of life, and loss of consortium for a non-injured spouse, who has been deprived of the comfort and services of the injured biker. Accomplished attorneys in Blair County could help an injured biker calculate the total damages he or she suffered in an accident.
Pennsylvania courts follow a modified comparative negligence standard, which could prohibit or limit the total damage award if the claimant has some responsibility for the accident. If a court determines that a claimant was more than 50 percent responsible for the collision, he or she would be barred from making any recovery. However, if a claimant is 50 percent or less at fault for his or her losses, he or she can still make a recovery, but the damages will be reduced by his or her percentage of fault. For example, if a bicyclist has $100,000 in damages and was 20% at fault for causing the crash, the bicyclist could still recover $80,000. However, if the bicyclist was found to be 51% at fault, then there could be no recovery.
If a car hit you while you were riding your bike, you may suffer long term financial burdens in addition to devastating personal injuries. A successful settlement could help put you back on track. A compassionate and experienced Blair County bicycle accident lawyer could help you through this stressful time. A well-practiced attorney with Marcus & Mack could guide you through the litigation process and ensure you are fully compensated for your losses. Call our office today.
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