Cycling in Havertown, PA, is a popular way to get around and enjoy the scenic routes. However, poor road conditions can create serious hazards for cyclists, leading to accidents and injuries. If you’ve been hurt in a bike crash because of poorly maintained roads, you may have options for compensation. This blog will cover what you need to know about your rights and next steps after a cycling accident caused by road defects.
Who Is Responsible for Bike Accidents Caused by Poor Road Conditions?
In Havertown, PA, and across the state, local governments are often responsible for maintaining safe roads. This includes filling potholes, fixing cracks, and ensuring that surfaces are smooth for cyclists. When these responsibilities are neglected, the town or municipality could be held liable if their failure to maintain the roads results in a bike accident.
Sometimes, state or county governments share the responsibility for maintaining larger roads. Identifying the right party is crucial when pursuing a claim. A bike accidents lawyer can help determine whether the local, county, or state government—or even a private contractor—was responsible for maintaining the area where the crash occurred. This is important because different rules and deadlines may apply based on who is at fault.
If your accident was caused by obstacles like debris, loose gravel, or improperly marked construction zones, you may have a case against the responsible party. However, these claims are not always straightforward. Filing a claim against a government entity requires following specific procedures, and deadlines can be much shorter than standard personal injury claims. An experienced cycling accident lawyer can guide you through the legal process and ensure you file your claim on time.
Proving Negligence in a Bike Accident Case
To win a bike accident case because of poor road conditions, you’ll need to prove negligence. This means showing that the party responsible for the road knew or should have known about the dangerous condition but failed to fix it in a reasonable amount of time. Evidence is key in these cases, and it often includes photos of the accident scene, witness statements, and any official complaints filed about the road’s condition before your accident.
If possible, take pictures immediately after the crash to document the road defect and the extent of your injuries. Your lawyer may also consult with traffic engineers or experts who can testify that the road was unsafe for cyclists. This evidence can strengthen your case and show that the responsible party failed to keep the roads safe.
Besides proving the government entity’s or contractor’s negligence, you must also prove that their failure directly caused your injuries. For instance, if a pothole caused you to lose control of your bike and crash, medical records showing your injuries can help establish a link between the dangerous condition and the harm you suffered.
What Damages Can You Recover in a Bike Accident Lawsuit?
If you’ve been injured in a bike accident due to poor road conditions, you may be entitled to various types of compensation. Medical expenses, including hospital bills, physical therapy, and ongoing treatment, are common damages you can recover. If you’re unable to work because of your injuries, you can also claim lost wages or loss of earning capacity.
Pain and suffering, a type of non-economic damage, may also be included. This compensation accounts for the emotional distress and physical pain you’ve endured because of the accident. Your bike crash lawyer will evaluate your case and help determine the full extent of damages you may be eligible for.
It’s important to note that Havertown and other parts of Pennsylvania follow the modified comparative negligence rule. This means that if you are found partially at fault for the accident (for example, if you were not wearing a helmet or were riding in an unsafe manner), your compensation could be reduced. If you’re more than 50% responsible, you may not be able to recover any damages. Having a bike accidents lawyer who understands these rules is essential to protect your rights.
Take the Next Step Toward Recovery
If you’ve been hurt in a bike accident due to poor road conditions in Havertown, PA, it’s crucial to act quickly. The legal process can be complex, especially when dealing with government entities. At Silver & Silver, our cycling accident lawyers are here to help you navigate your options and fight for the compensation you deserve.
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.
