Being involved in a bicycle accident can be a life-altering experience, especially if you believe you were partially at fault. The physical injuries, emotional trauma, and financial burdens can be overwhelming. If you’re in Norristown, PA, and are in this situation, you might wonder whether you can still file a compensation claim. The good news is that Pennsylvania law allows you to seek damages even if you share some responsibility for the accident. Understanding how this works and how our bicycle accident attorneys at Silver & Silver can assist you is crucial.
Understanding Pennsylvania’s Comparative Negligence Law
Pennsylvania operates under a modified comparative negligence system, which significantly impacts personal injury claims stemming from bicycle accidents. Under this law, you can recover damages as long as you are not more than 50% at fault for the accident. If you are 50% or less responsible, you can file a claim, but your compensation will be reduced by your percentage of fault.
For instance, suppose you were riding your bike in Norristown and failed to signal a turn, contributing to a collision with a car. If a court determines you were 30% at fault and awards $100,000 in damages, you would receive $70,000 after the reduction. However, if you’re found to be 51% at fault, you may be barred from recovering any compensation.
This system acknowledges that multiple parties can contribute to an accident and ensures injured individuals can still receive financial support for their losses. Common situations where a cyclist might share fault include:
- Failing to Obey Traffic Signals: Ignoring stop signs or traffic lights can contribute to accidents.
- Not Using Proper Lighting: Riding at night without lights or reflectors can make you less visible to drivers.
- Riding Against Traffic: Bicyclists are required to follow the same direction as vehicular traffic.
- Distracted Riding: Using a phone or wearing headphones can reduce your awareness of your surroundings.
Even if you think you might be partially to blame, it’s essential not to assume you’re ineligible for compensation. A bike accident lawyer in Norristown can evaluate the specifics of your case to determine your actual level of fault and explore your legal options.
How a Bicycle Accident Attorney Can Assist You
Navigating the legal system after a bicycle accident can be complex, especially when dealing with comparative negligence. Here’s how a bicycle accident attorney can help you:
- Case Evaluation: An attorney will review all aspects of your accident to determine liability and the potential value of your claim. They will assess medical records, police reports, and any available video footage.
- Evidence Collection: Building a strong case requires solid evidence. Your lawyer will collect photographs of the accident scene, obtain traffic camera recordings, and gather witness statements to support your claim.
- Negotiation with Insurance Companies: Insurance adjusters often aim to settle claims quickly and for as little money as possible. A bike accident lawyer knows these tactics and will negotiate assertively on your behalf to secure a fair settlement.
- Determining True Fault: Sometimes, what appears to be your fault may not be legally significant. For example, the driver might have been speeding or distracted even if you didn’t signal a turn. Your attorney will investigate all contributing factors.
- Legal Representation: If a fair settlement cannot be reached, your lawyer can file a lawsuit and represent you in court. They will present a compelling case to a judge or jury, aiming to maximize your compensation.
- Adherence to Deadlines: Pennsylvania has a two-year statute of limitations for personal injury claims. Missing this deadline can forfeit your right to compensation. An attorney ensures all paperwork is filed promptly.
- Calculating Full Compensation: Beyond immediate medical bills, an attorney considers future medical expenses, rehabilitation costs, lost wages, and pain and suffering. They strive to secure a settlement that covers all your needs.
Besides these services, a bicycle accident attorney provides peace of mind. Dealing with injuries and recovery is stressful enough without the added burden of legal complexities. By handling the legal aspects, your attorney allows you to focus on healing.
Call Silver & Silver Today
If you’ve been injured in a bicycle accident in Norristown or the surrounding areas, and you’re worried about partial fault, don’t hesitate to seek legal advice. At Silver & Silver, we understand the nuances of Pennsylvania’s comparative negligence laws and have extensive experience handling bicycle accident cases.
Our dedicated team of bicycle accident attorneys is committed to helping you navigate this challenging time. We’ll evaluate your case, explain your rights, and develop a strategy tailored to your situation. You don’t have to face the insurance companies alone. Contact us today!
Disclosure:
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with the Law Offices of Silver and Silver, we are not your legal representatives.