Bicycle accidents can be especially devastating. When a cyclist collides with a vehicle, the rider often bears the brunt of the impact due to the lack of protection. In Pennsylvania, as in other states, cyclists have legal rights when they’re injured in an accident. However, those rights are not automatically protected, and a bicycle accident can lead to a complicated claims process. Taking the right steps immediately after a bicycle accident can ensure you protect your rights and increase the likelihood of obtaining fair compensation for your injuries.

In this blog post, we’ll walk you through the essential steps to take if you’ve been involved in a bicycle accident in Pennsylvania. By following these steps, you can build a solid foundation for your personal injury claim and avoid potential pitfalls that could hurt your case.

Ensure Safety and Seek Medical Attention

The first and most important thing to do after any accident is to ensure your safety. If you’re able to, move yourself out of the way of traffic. It’s important not to make any abrupt movements that could worsen your injuries. If you are injured, stay where you are and wait for medical professionals to arrive.

Even if you don’t think you’re seriously hurt, it’s always best to get checked by a medical professional. Some injuries, like concussions or internal injuries, may not be immediately apparent. Delaying medical treatment could harm your health and hurt your personal injury claim later. Insurance companies or opposing parties might argue that your injuries weren’t serious enough if you didn’t seek immediate care.

Call the Police and Document the Scene

In Pennsylvania, it’s important to call the police after a bicycle accident, especially if there are injuries or significant property damage. A police officer will create an accident report, which can serve as vital evidence in your case. Make sure to cooperate with law enforcement and provide accurate information about the accident.

While waiting for the police to arrive, try to gather as much evidence as possible. Take pictures of the scene, your bicycle, the other vehicle involved, any injuries, and damage to property. If there are any skid marks, road conditions, or traffic signs that played a role in the accident, capture those in your photos as well.

If there were any witnesses to the accident, ask for their names and contact information. Their testimony could provide important support for your version of events. When the police arrive, they may also speak to these witnesses and include their statements in the report.

Do Not Admit Fault or Accept Offers Too Quickly

After the accident, it’s natural to want to apologize or explain the situation, but be cautious. Never admit fault at the scene, even if you think you may have been partially responsible. The circumstances of a bicycle accident can be complicated, and admitting fault too early can hurt your chances of receiving compensation. Instead, focus on ensuring your safety and obtaining necessary medical care.

Similarly, don’t accept any offers from the other party’s insurance company right away. Often, these initial offers are lower than what you’re entitled to, and they can be tempting in the aftermath of an accident. You may not fully understand the extent of your injuries or the long-term medical costs at that moment. Wait until you have a clearer picture of your medical needs and damages before agreeing to any settlement.

Consult with a Personal Injury Lawyer

One of the most important steps in protecting your rights after a bicycle accident is to consult with an experienced personal injury lawyer. Bicycle accidents can be tricky, and the legal process is not always straightforward. Having legal representation ensures that your rights are protected throughout the claims process.

A lawyer can help with:

1. Investigating the Accident
   Your lawyer will help gather evidence, review medical records, and speak to witnesses. They may also work with accident reconstruction experts to determine exactly what happened and who is at fault.
2. Negotiating with Insurance Companies
   Insurance companies are not always on your side. They may try to minimize the payout or deny your claim altogether. Your lawyer will handle negotiations with the insurance company, ensuring that you’re not taken advantage of and that you receive a fair settlement.
3. Filing a Lawsuit, if Necessary
   If the insurance company refuses to offer a fair settlement, your lawyer may advise you to file a lawsuit. A personal injury attorney will guide you through the legal process, making sure all deadlines are met and paperwork is filed properly.

Keep Detailed Records of Your Medical Treatment

One of the key aspects of a successful personal injury claim is proving the extent of your injuries and the costs associated with your treatment. Keep detailed records of all medical treatment, including doctor’s visits, prescriptions, physical therapy, and any surgeries you may undergo. Save all receipts and invoices for medical bills and related expenses. This documentation will help establish the full extent of your injuries and can be critical when determining the amount of compensation you deserve.

Also, keep track of your recovery progress. If you experience pain, missed workdays, or other limitations, document them. Your lawyer will use this information to demonstrate how the accident has affected your life.

Understand Pennsylvania’s Bicycle Laws

In Pennsylvania, cyclists have specific rights and responsibilities when using the road. Understanding these laws can help you determine how to proceed after an accident and ensure you’re not unfairly blamed. For example:

1. Right to the Road
   Cyclists have the right to share the road with motorists. Drivers are required to provide cyclists with at least 4 feet of space when passing. If a motorist violates this rule and causes an accident, they may be held responsible for your injuries.
2. Helmet Law
   While Pennsylvania does not require cyclists over 12 to wear a helmet, wearing one can help prevent severe injuries and strengthen your case in the event of an accident. If you were not wearing a helmet during the accident, it might be argued that your injuries were exacerbated, but it does not necessarily mean that you are at fault.
3. Reporting Requirements
   If the accident involves injuries or significant property damage, it must be reported to the police, and you’ll need to provide a written report within five days if the police don’t file one. This is important for the legal process.

Follow Up with Your Doctor and Lawyer

Once you’ve started the claims process, continue following up with your doctor to monitor your recovery. If your condition worsens or you develop new symptoms, inform your doctor and make sure to document any changes.

Stay in contact with your lawyer throughout the process. They will keep you updated on the status of your case and ensure that all deadlines are met. Be responsive to their requests for information and provide any additional documentation as needed.

Conclusion

A bicycle accident can lead to serious physical, emotional, and financial challenges. Protecting your rights after an accident in Pennsylvania requires taking the right steps, from getting medical care and documenting the scene to consulting with a personal injury lawyer who can guide you through the process.

At Kingbird Legal, we understand the complexities of bicycle accident claims in Pennsylvania. Our team is dedicated to ensuring that you receive fair compensation for your injuries and damages. If you’ve been injured in a bicycle accident, don’t hesitate to contact us for a free consultation. We are here to help you navigate the legal process and protect your rights every step of the way.