In Philadelphia, we are a relatively bicycle-friendly city and have worked diligently to build and maintain a network of safe bike lanes. However, developing a safe network of bike infrastructure in an urban area can be complicated by the business of heavy traffic and an overarching car-centric culture. Because of this, drivers and cyclists have very specific responsibilities and rights under Philadelphia’s bicycle accident laws, and these are critical to understand, particularly if you’re ever involved in a bicycle crash. Our bicycle accident attorneys in Philadelphia are here to help you understand these laws. 

 

What are Your Responsibilities as a Cyclist in Philadelphia?

In Philadelphia and Pennsylvania, in general, bicycles are considered vehicles with the same rights and responsibilities as other motor vehicles. But because of the urban nature of our city, we have specific rules for those who ride bikes on our busy roads. These are set out in Philadelphia Code §12-800, Bicycle Regulations and Penalties.

Some of the cyclist’s responsibilities are:

  • Outfitting their bicycle with a front white light, a rear red reflector, and a bell. Having a back red light is highly encouraged.
  • Obeying all street signs and signals, including no right or left turn signs during specific hours, the same as any other motor vehicle.
  • Cycling in the same direction as all other traffic.
  • Not riding on a sidewalk unless under the age of 13. If cyclists try to avoid traffic or unsafe road conditions, they can walk their bikes on the sidewalk.
  • Yielding to pedestrians.

 

What are Your Rights as a Cyclist in Philadelphia?

As a cyclist in Philadelphia, you also have some protected rights. 

  • Unless you’re under the age of 13, you’re not required to wear a helmet.
  • You can ride your bicycle in the middle of a lane.
  • You can ride two abreast in a bike lane.
  • You have the right to share the road and don’t have to ride in a bike lane, even if one is available.
  • A driver must give you at least four feet of clearance in order to pass you.

But most importantly,

  • You have the right to be safe from a driver’s carelessness when riding your bicycle.
  • You also have the right to be fairly compensated if you’re injured by that driver’s negligence.

However, proving negligence and holding a driver liable in a bicycle accident can be complicated. This is when having an experienced bicycle accident attorney in Philadelphia on your side can be your most important resource.

 

What Happens if You’ve Been Injured in a Bicycle Accident in Philadelphia?

Accidents will happen no matter how safe we try to make our roads for cyclists. 

If you’ve been injured in a bike crash, your automobile insurance will be your first source of benefits. Your car insurance will cover your medical bills and other expenses up to your policy’s limit. But if your accident was caused by a negligent driver, you may be able to seek compensation from them.

 

What is Considered Driver Negligence?

When a driver has behaved carelessly and caused harm to others, it can be considered negligence. Whether that was driving recklessly, under the influence, ignoring traffic laws and rules, or driving while distracted, when that negligence results in an accident and injuries, the driver can be held liable for the injured party’s costs or “damages.” 

Negligent behavior that is often the cause of bicycle accidents includes:

  • The driver makes a left turn into the path of an oncoming bicyclist, either hitting the cyclist or causing the cyclist to run into the vehicle’s passenger side. 
  • The driver turns right after passing the cyclist on the left, turning directly in the cyclist’s path. 
  • The driver rear-ends the cyclist, most commonly when the driver is distracted or under the influence of drugs or alcohol. 
  • The driver “doors” the cyclist. When drivers haven’t taken the time to assess their surroundings, they might open a car door into an oncoming cyclist. Dooring is one of the greatest fears of most cyclists in urban areas today. 

Unfortunately, many drivers aren’t paying attention and simply “don’t see” the cyclist. 

As a cyclist, to recover compensation from an at-fault driver, you must prove their negligence caused the accident. And the compensation you do recover will also depend on what role your behavior played in the accident. This is when Pennsylvania’s modified comparative fault rules come into play.

 

How Can a Cyclist Be Found At- Fault in a Bike Crash?

Fault plays a major role in any personal injury claim. When negligence is involved, the at-fault party will be liable for the costs and other damages of the injured party. However, comparative fault comes into play to determine how both parties could share liability. In Pennsylvania, if you are found to be over 50 percent at fault, you may not be able to recover compensation for your injuries at all. 

How could a cyclist be considered at fault in an accident?

  • Their bike may not have had the required safety equipment (lights and reflectors).
  • The cyclist may have ridden through a posted stop sign or made an inappropriate turn.
  • They may have ignored right-of-way rules at an intersection or swerved into the car’s lane abruptly. 

Bicycles are bound by the same rules as any other vehicles on the road. When a cyclist hasn’t followed traffic rules, they can be considered at fault for an accident, the same as the driver of a motor vehicle. 

 

Why You Should Get the Assistance of a Philadelphia Bicycle Accident Lawyer

If you’ve been injured in a bike crash in Philadelphia, you want a legal advocate who can protect your rights to fair compensation. 

A skilled Philadelphia bicycle accident law firm will thoroughly investigate the accident to establish how it happened, who was at fault, and whether you contributed in any way. They will collect any evidence from the accident and all medical records to comprehensively support your claim. If an insurance company is involved, your attorney will negotiate the settlement terms to ensure you receive the maximum compensation available to you. If a fair settlement isn’t possible through negotiation, your attorney can pursue a lawsuit against the at-fault driver. 

The experienced bicycle accident attorneys in Philadelphia at Silver & Silver have advocated for injured victims for over four decades. Let us protect your rights, too. Contact us at (610) 638-7255 or through our online website contact form to schedule a no-cost consultation today. You pay no legal fees until we recover compensation on your behalf. 

 

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. 

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