Bicycle Accident Attorneys

Protecting Cyclists’ Rights

Cycling offers freedom, fitness, and a sustainable way to travel. But when a negligent driver or dangerous road condition turns a pleasant ride into a devastating accident, the consequences can be life-altering. At Schwartz & Schwartz, we understand the unique challenges and vulnerabilities cyclists face on the road. If you or a loved one has been injured in a bicycle accident, you need a legal team that not only understands the law but also the cycling experience itself.

Unlike typical car accidents, bicycle accident cases often involve severe injuries, complex liability issues, and a bias that sometimes unfairly blames the cyclist. Our dedicated bicycle accident attorneys at Schwartz & Schwartz are here to champion your rights and fight for the full compensation you deserve. We serve injured cyclists across the Mid-Atlantic region, including in Delaware, Maryland, Pennsylvania, New Jersey, and the District of Columbia.

Common Causes of Bicycle Accidents

Bicycle accidents can happen in many ways, but they are almost always preventable and often involve driver negligence or unsafe conditions. Our team thoroughly investigates every aspect of your accident to determine fault and build a strong case.

Here are some of the most common scenarios we encounter:

• Driver Negligence:
  • “Left Hook” Accidents: A vehicle turning left fails to yield to an oncoming cyclist.
  • “Right Hook” Accidents: A vehicle passes a cyclist and then makes a sudden right turn, cutting off and striking the rider.
  • Red Light/Stop Sign Violations: Drivers running through intersections, hitting cyclists with the right-of-way.
  • Failure to Yield/Move Over: Drivers merging into bike lanes or failing to provide ample space when passing a cyclist.
  • “Dooring” Accidents: Occupants of parked cars opening doors directly into a cyclist’s path without looking.
  • Distracted, Impaired, or Aggressive Driving: Drivers not paying attention, under the influence, or driving recklessly.
• Non-Driver Causes:
  • Dangerous Road Hazards: Potholes, gravel, debris, uneven pavement, or poorly maintained roads that cause cyclists to crash. In these cases, a municipality or property owner might be held liable.
  • Dog Attacks: Dogs running into the road or chasing cyclists, leading to falls or bites.
  • Defective Bicycle Parts: Although less common, a faulty bike component can sometimes contribute to a crash.

Devastating Injuries in Cycling Accident Cases

The unprotected nature of cycling means that even a low-speed impact can lead to severe, life-altering injuries. Our firm has extensive experience handling claims involving the full spectrum of injuries common in bicycle accidents:

• Traumatic Brain Injury (TBI): Ranging from concussions to severe, permanent brain damage.
• Spinal Cord Injuries: Potentially leading to paralysis or chronic pain.
• Neck and Back Injuries: Whiplash, herniated discs, and fractured vertebrae.
• Broken Bones: Often complex fractures of the ribs, pelvis, spine, collarbone, wrist, arms, and legs.
• Internal Injuries: Organ damage, internal bleeding, and punctured lungs.
• Hand and Shoulder Injuries: Dislocated shoulders, rotator cuff tears, and severe road rash.
• Dental Injuries: Broken or lost teeth.
• Disfigurement and Scarring: Especially from road rash or surgical procedures.
• Wrongful Death: Tragically, many bicycle accidents prove fatal.

What to Do Immediately After a Cycling Accident: Your Step-by-Step Guide

The moments immediately following a bicycle accident are crucial for your health and for preserving your legal rights. Your safety and well-being come first.

1. Prioritize Safety & Seek Medical Attention:
   • If you can, move yourself and your bike to a safe location out of traffic.
   • Call 911 immediately, even if your injuries seem minor. Adrenaline can mask pain, and what feels like a small injury could be serious. Always accept evaluation by paramedics and transport to the hospital if recommended.
   • Follow all medical advice diligently. Attend every follow-up appointment, physical therapy session, and specialist consultation. Gaps in treatment can be used against your claim.
   • How do I get treatment for TBI? How do I know if I have TBI? If you suspect a head injury (headache, dizziness, confusion, memory issues), seek immediate neurological assessment. Early diagnosis and treatment are vital for TBI.
2. Contact the Police:
   • Ensure an official police report is filed. This report documents the accident scene, involved parties, and initial findings, which can be invaluable for your case.
3. Gather Critical Evidence (If Safe and Able):
   • Take Photos and Videos: Use your phone to document everything – your injuries, bike damage, the vehicle that hit you (including license plate), the accident scene, road conditions (potholes, debris), traffic signs, tire marks, and anything else relevant.
   • Exchange Information: Get the other driver’s name, contact information, insurance details, and license plate number.
   • Identify Witnesses: Ask anyone who saw the accident for their name and contact information. Their testimony can be incredibly powerful.
4. Preserve Your Bicycle and Gear:
   • Do not repair or discard your damaged bicycle, helmet, or other gear. These items are crucial evidence of the impact and damages.
5. DO NOT Give Statements to Insurance Companies (Without Consulting an Attorney):
   • The at-fault driver’s insurance company will likely contact you quickly. They are not on your side and will try to get you to say something that could harm your claim or accept a lowball settlement. Refer them to your attorney.
6. Keep a Detailed Accident Journal:
   • Document your daily pain levels, physical limitations, emotional distress, and how your injuries affect your daily life, work, and hobbies. This helps quantify “pain and suffering.”
7. Contact an Experienced Bicycle Accident Attorney:
   • The sooner you have legal representation, the better your chances of a successful outcome.

Understanding Compensation in Bicycle Accident Cases

When you’ve been injured due to someone else’s negligence, you’re entitled to seek compensation for your losses. Our goal at Schwartz & Schwartz is to secure the maximum possible recovery for every aspect of your damages. This can include:

• Economic Damages: These are quantifiable financial losses.
  • Medical Expenses: Past, present, and future costs, including emergency care, doctor visits, surgeries, hospitalization, physical therapy, rehabilitation, medications, and adaptive equipment.
  • Lost Wages: Compensation for any time you’ve missed from work due to your injuries and recovery.
  • Loss of Earning Capacity: If your injuries permanently affect your ability to work or earn at your previous level.
  • Property Damage: The cost to repair or replace your damaged bicycle, helmet, clothing, and other personal items.
  • Out-of-Pocket Expenses: Costs like transportation to medical appointments or home modifications if needed.
• Non-Economic Damages: These compensate you for intangible losses related to your suffering.
  • Pain and Suffering: Physical pain, discomfort, and emotional distress caused by your injuries.
  • Mental Anguish: Psychological impacts like anxiety, fear, and PTSD.
  • Loss of Enjoyment of Life: Compensation for your inability to participate in hobbies, sports, social activities, or daily routines you once enjoyed.
  • Disfigurement and Scarring: Compensation for permanent, visible physical alterations.
• Punitive Damages: In rare cases of extreme negligence or malicious conduct by the at-fault party, additional damages may be awarded to punish the wrongdoer and deter similar behavior.
• Wrongful Death Damages: If the accident resulted in a fatality, family members may be able to claim compensation for funeral expenses, loss of financial support, mental anguish, loss of companionship, and other related losses.

Navigating the Legal Process: How Schwartz & Schwartz Fights for You

The legal process for a bicycle accident claim can be complex, but you don’t have to face it alone. Our team at Schwartz & Schwartz will guide you through every step, ensuring your rights are protected and your voice is heard.

1. Initial Consultation & Case Evaluation: We meet with clients virtually or in-person at local hospitals, clients’ homes, or our offices in Philadelphia, Wilmington, Dover, Salisbury, or Baltimore. We discuss the details of the accident, assess injuries, and provide an honest evaluation of our clients’ legal options—all at no cost to the client.
2. Thorough Investigation & Evidence Collection: We’ll conduct a comprehensive investigation, gather all necessary evidence (police reports, medical records, witness statements, photos/videos, accident reconstruction, expert testimony), and build a compelling case.
3. Understanding Insurance: UM/UIM & Med-Pay/PIP: We’ll help you understand how different insurance coverages, including your own uninsured/underinsured motorist (UM/UIM) policy or medical payments (Med-Pay)/personal injury protection (PIP), might apply to your situation, providing crucial protection.
4. Dealing with Insurance Companies: We’ll handle all communications and negotiations with insurance adjusters. We know their tactics to minimize payouts and will aggressively advocate for your best interests.
5. The Importance of the Statute of Limitations: It’s crucial to act quickly. There are strict deadlines (statutes of limitations) for filing personal injury claims, which vary by state. Missing this deadline can mean losing your right to compensation forever.
6. Comparative/Contributory Negligence: We’ll address any attempts by the defense to claim you were partially at fault. We understand how comparative or contributory negligence laws in your state can impact your case and will work to protect your claim. For instance, even if a helmet wasn’t worn (and not legally required), it doesn’t automatically bar a claim, but may be used by the defense.
7. Negotiation & Settlement: Our primary goal is to achieve a fair settlement out of court, minimizing stress and maximizing your recovery without the need for a lengthy trial.
8. Litigation (If Necessary): If the insurance company refuses to offer a fair settlement, we are fully prepared to take your case to court and vigorously represent you at trial.

Why Choose Schwartz & Schwartz for Your Bicycle Accident Claim?

When you’re recovering from a bicycle accident, you need a law firm that truly understands what you’re going through and has the expertise to secure your future.

• Experience and Track Record: Our firm has a proven history of successfully handling complex bicycle accident cases and securing favorable outcomes for our clients.
• Client-Centered Approach: We believe in personalized attention. You’re not just a case number; you’re a person who needs support, clear communication, and compassionate legal guidance every step of the way.
• In-Depth Knowledge of Bicycle Laws: We possess a nuanced understanding of state-specific traffic laws, helmet laws, safe passing laws, and the unique rights of cyclists on the road.
• Contingency Fee Basis: We operate on a contingency fee basis. This means you pay no legal fees unless we win your case. Your focus should be on recovery, not on upfront legal costs.

Frequently Asked Questions (FAQs)

Bicycle Safety Tips & Your Legal Protections

At Schwartz & Schwartz, our commitment to cyclists extends beyond the courtroom. We believe that an informed cyclist is a safer cyclist. While no amount of precaution can prevent every accident caused by negligent drivers or hazardous conditions, understanding and practicing fundamental safety measures, along with knowing your legal rights, can significantly reduce risks and empower you on the road.

Here are essential tips for safer cycling, alongside insights into the legal protections afforded to you:

Prioritize Visibility: Be seen, especially at dawn, dusk, and night.

Legal Protection: Many states, including Delaware, Maryland, Pennsylvania, and New Jersey, have laws requiring front lights (white) and rear reflectors or lights (red) for night riding. The District of Columbia also has similar requirements. Adhering to these laws not only makes you safer but also strengthens your legal position if an accident occurs.

Always Wear a Helmet: A helmet is your most important piece of safety gear. It drastically reduces the risk of severe head and brain injuries.

Legal Protection: While helmet laws vary by state (some require them for all ages, others only for minors, like in Pennsylvania, Delaware, and New Jersey for those under 18), wearing one demonstrates your commitment to safety. Even if not legally required for adults, your choice to wear a helmet can be a crucial factor in showcasing your responsible conduct should your case go to court.

Obey All Traffic Laws: Cyclists are considered vehicle operators and must follow the same rules as drivers. This includes stopping at red lights and stop signs, signaling turns, and riding with the flow of traffic.

Legal Protection: Following traffic laws is paramount. If you are found to be in violation of traffic laws, it can be used against you in a claim under comparative negligence or contributory negligence laws, which vary by state (e.g., Maryland’s strict contributory negligence versus the comparative negligence in Pennsylvania, Delaware, and New Jersey).

Ride Defensively and Predictably: Assume drivers don’t see you. Make eye contact, use clear hand signals, and maintain a straight line. Avoid sudden swerving.

Legal Protection: Your predictable actions on the road help establish that you were riding safely and legally, which is vital when proving a driver’s negligence.

Utilize Bike Lanes and Paths (Where Available): These are designed for your safety.

Legal Protection: Riding in designated bike lanes, where provided, often reinforces your right to the road and can provide a clearer legal argument if a vehicle encroaches or causes an accident in that lane.

Understand “Share the Road” and Safe Passing Laws: Drivers are legally required to give cyclists adequate space when passing.

Legal Protection: Most states, including Pennsylvania, Delaware, New Jersey, Maryland, and the District of Columbia, have “safe passing” laws, typically requiring drivers to leave a minimum of 3 feet (or more) when overtaking a cyclist. Knowing these laws helps you identify when a driver has acted negligently by passing too closely.

Inspect Your Bicycle Regularly: Ensure your brakes, tires, and gears are in good working order.

Legal Protection: Maintaining your equipment is part of safe cycling. In rare instances where a defective part contributes to an accident, this diligence can help your case against a manufacturer while also protecting you from claims of a poorly maintained bicycle.

Report Dangerous Road Conditions: Potholes, poor drainage, or debris can cause serious accidents.

Legal Protection: If a municipal entity’s negligence in maintaining roads leads to your accident, prompt reporting and documentation are essential for pursuing a claim against them.

By adhering to these safety practices and being aware of the laws designed to protect you, you contribute to a safer cycling environment. Should an accident still occur due to someone else’s negligence, the bicycle accident attorneys at Schwartz & Schwartz are here to ensure your rights are protected and you receive the justice and compensation you deserve.

Contact Schwartz & Schwartz Today for a Free, No-Obligation Case Review.

Don’t let a bicycle accident derail your life. Let the experienced and dedicated legal team at Schwartz & Schwartz help you navigate the complexities of your claim so you can focus on healing.

Call us today at (855) 847-8437 or fill out our online contact form to receive a free, confidential review of your legal case.