Riding a bike can be great for traveling around town and getting some exercise and fresh air. However, it can also be dangerous if drivers don’t give you the space and respect you deserve. Sadly, many motorists are negligent around bikers and cause serious accidents, leaving cyclists with severe injuries.
In a situation like this, help from an experienced Norristown bicycle accident lawyer is crucial to get the payments you need from a lawsuit or settlement proposal. At Ostroff Godshall Injury and Accident Lawyers, our seasoned attorneys know how to fight like hell for the rights of injured victims. In one Montgomery County case, we recovered a $3.5 million settlement for a child who was struck by a drunk driver while riding her bike near her home. Learn more about how Jon Ostroff and our winning legal team can put our experience and expertise to work for you.
Elements of a Bike Crash Lawsuit
Like almost every personal injury case, a bicycle accident lawsuit will generally be built around the legal theory of “negligence.” Put simply, a person is negligent and can be held accountable for your damages if all the following elements are true:
- The defendant—the person being sued—owed you a “duty” to act responsibly
- By acting carelessly, recklessly, and/or illegally, the defendant “breached” their duty
- That breach was the main cause of the bicycle accident
- The accident directly caused the “damages” you want to be paid for through your claim
Who is Liable for a Biking Collision?
As our skilled attorneys can explain, many parties could be held liable for a biking crash in Norristown. For example, a driver who runs a stoplight would be at fault for hitting a bicyclist crossing the street legally in a crosswalk. A government body could be liable for failing to fix a pothole a bicyclist ended up hitting. A bike manufacturer could be at fault for selling a defective product that broke while the rider was using it.
Comparative Fault in Bicycle Injury Cases
It is important to note that an injured bicyclist can also be found partially at fault for their own injuries. For instance, if a biker was hit while crossing on red, they will also be considered negligent.
Under 42 Pennsylvania Consolidated Statutes §7102, civil courts can reduce the total value of your damage award based on your percentage of total fault for your own injuries. If you are primarily to blame for your biking accident, you may be barred from getting any money. Support from a Norristown bicycle crash lawyer at our firm is essential to fighting against accusations of partial fault.
Speak with a Norristown Bicycle Accident Attorney Today
Even if you wear a helmet and act responsibly while riding your bike, you might still be at risk of serious injury if a driver is careless. Fortunately, you have the right to work with legal counsel and pursue payment for every injury and loss you suffer in an accident, including future losses that haven’t happened yet.
A Norristown bicycle accident lawyer at our firm can explain your rights and legal options during a free consultation. Call Ostroff Godshall Injury and Accident Lawyers today to get started on your case.