What Happens When the Driver Claims a Cyclist Is at Fault
Cycling through Bucks County can be a great way to stay active and enjoy the area’s scenic roads and trails. But when a cyclist is injured in a collision with a motor vehicle, the aftermath can be complicated.
In many cases, drivers claim they were following the rules and that the cyclist did something to cause the crash. A Bucks County personal injury attorney understands how Pennsylvania law protects bicyclists and what steps to take after an accident. Doing so can make all the difference in pursuing fair compensation.
Cyclists Have Rights and Responsibilities
Under Pennsylvania law, bicycles are considered vehicles, meaning cyclists have the same rights and responsibilities as drivers on public roads. They are entitled to their share of the road and must obey traffic signals, ride in the same direction as traffic, and use designated lanes when available.
Drivers, in turn, are legally required to share the road safely. This includes giving cyclists at least four feet of clearance when passing, checking for cyclists before turning, and avoiding behavior that could cause harm, such as sudden lane changes or opening a car door into a cyclist’s path.
Despite these clear rules, many crashes occur when motorists fail to respect a cyclist’s space or misjudge their speed or position on the road.
Steps to Take After a Bicycle Accident
After a crash, it’s common for the driver to insist that the cyclist caused the collision. For example, by swerving unexpectedly, riding outside a bike lane, or failing to use a hand signal. Yet these claims often oversimplify what happened. Often the driver simply didn’t see the cyclist or violated the distance and right-of-way laws designed to protect bike riders.
Pennsylvania follows a modified comparative negligence rule, which means that an injured person can still recover compensation even if they were partially at fault. If a driver’s negligence plays a larger role, they can be held accountable for damages, including medical expenses, lost wages, and pain and suffering.
If you’re a cyclist hurt in a crash and the driver is blaming you, it’s important to act quickly and carefully to protect your rights:
- Call the police and get a report. An official record of the incident helps establish what happened and may note if the driver violated any traffic laws.
- Gather evidence. Take photos of the scene, your injuries, your bike, and the vehicle involved. Collect contact information from any witnesses.
- Seek medical care immediately. Even if your injuries seem minor, prompt treatment creates vital documentation for your claim.
- Avoid arguing with the driver or their insurer. Anything you say could be used against you later.
When a driver insists you caused your own injuries, a seasoned Bucks County personal injury attorney can investigate the accident, review police and medical reports, consult accident reconstruction experts, and demonstrate how the driver’s negligence contributed to your harm.
Need legal guidance after being hurt on your bike? The knowledgeable attorneys at Kevin L. Hand, P.C. can ensure your side of the story is heard and fight for the compensation you deserve. Call 215-515-2604 to schedule a confidential consultation.
