Thousands of bike riders in Pennsylvania get seriously hurt each year due to reckless or careless motor vehicle drivers. These accidents can cause injuries that forever change the course of your life. Holding a negligent driver responsible for their actions can be nearly impossible without legal assistance. Fortunately, you do not have to take on the legal process alone.
A Bensalem bicycle accident lawyer can provide the help you need from the beginning to the end of your case. The winning attorneys at Ostroff Godshall Injury and Accident Lawyers will fight like hell to make sure you get the payments you need.
Founding Partner Jon Ostroff is no stranger to bike wreck claims. In one recent case, Jon recovered $3.5 million on behalf of a child who was struck by a drunk driver while riding her bicycle near her home. To learn more about how we can put our experience to work for you, give us a call today.
How Fault Works in Bicycle Crash Cases
Whenever a car or truck collides with a bicycle, the cyclist is always at a much higher risk of suffering severe injuries than anyone inside the vehicle. However, that does not mean drivers are automatically considered at fault for bicycle accidents.
Instead, a bike accident victim and their attorney must prove that another party acted negligently. This means that the other person acted recklessly or carelessly and directly caused an accident that otherwise would not have happened. For example, if a driver runs into a bicyclist because that driver did not stop at a red light, it would be reasonable to assume that the crash would not have happened if the driver had followed the law. In this case, the driver could be considered legally negligent.
Shared Fault Laws
State law allows courts to assign an injured person a portion of fault for the accident. Partial responsibility will reduce the value of your final damage award. Because of this, you need to be strategic and thoughtful about demonstrating that you were not negligent in causing your bicycle accident.
42 Pennsylvania Consolidated Statutes §7102 completely forbids financial recovery by any injured person who is more to blame for their accident than all defendants combined. Defendants and insurers often try to shift blame onto bicyclists to avoid paying out a fair amount. It is crucial to work with an experienced Bensalem bike crash attorney who can fight back against unfair accusations of blame.
Time Limits for Bensalem Bike Wreck Claims
Another rule that you should be aware of is the statute of limitations for personal injury claims. Under 42 P.S.A. §5524, most people who want to sue for bike collision injuries have only two years after the date of their accident to properly file and serve their complaint or writ of summons.
There are very few exceptions to this rule. Failing to follow it could leave you unable to recover any compensation. Guidance from a knowledgeable bicycle accident lawyer in Bensalem is key to building an effective lawsuit or settlement demand within this timeframe.
Contact a Bensalem Bicycle Accident Attorney for Help
Getting hit by a careless or reckless driver while riding your bike can result in life-altering injuries, even if you wear a helmet and follow every traffic law. Fortunately, you may be able to file a personal injury lawsuit and seek compensation from the person who struck you. A comprehensive, well-handled claim can cover every form of harm you have experienced and will experience due to your injuries.
A Bensalem bicycle accident lawyer can be the legal ally you need and fight tirelessly and prevail on your behalf. Set up your free consultation with Ostroff Godshall Injury and Accident Lawyers today to learn more.