- April 29, 2020
- Posted by: Robert Katz
- Category: Bike / Bicycle Accidents, Personal Injury
Getting Your Questions Answered
When you get into a bike accident, you’re likely shocked from the experience. While a car driver is generally protected within the safety of their car, as a bike rider, you’re exposed. Bike accidents fall under personal injury lawsuit claims. At Katz Injury Law, we’re devoted to helping our clients receive the justice that they deserve. Here are a few common questions that we receive and their answers.
Is the driver of an automobile during a bike accident always at-fault?
Under most circumstances, the car driver is at-fault for the accident. This is because bicycles have the right to share the road. Because bikers have more risk, car drivers must take extra precautions when driving around them. However, there are some cases where the fault actually rests all or partially, with the bicyclist. Reckless operation of the bike, for example, may be to blame for the accident.
A bicyclist may have failed to inform the car that they were switching into their lane. However, never assume that you are at fault while on a bike. Circumstances vary from case to case, which is why it’s always a good idea to speak with an expert attorney about your particular accident.
Do I need an attorney even if it’s obvious that the car driver was at-fault?
Absolutely. While it may seem obvious to you that the car driver was responsible, you’re still going to have to convince an insurance company that you are entitled to financial compensation, and there are very specific laws that determine which insurance company is responsible for your medical bills.
These companies won’t pay money if they don’t have to, and they certainly won’t pay you the true value of your injury claim without an injury attorney in your corner. Insurance companies hire expert attorneys to defend their cases.
Since you don’t know the steps that you need to take in order to maximize your results, and the insurance company has no obligation to tell you, hire an attorney. You don’t want to face an insurance company in settlement or in court alone.
Who’s generally at fault in an accident involving a bike and a pedestrian?
Pedestrians have the right-of-way on the sidewalk. However, if the pedestrian jumped into your way or did something else that led to the accident, then they may be at fault. Like with the car, it’s difficult to know generally. It has to be judged on a case-by-case basis.
Get More of Your Questions Answered by Our Team
If you have more questions about bicycle accidents in Philadelphia, then we encourage you to contact our office. There are many instances where you have the right of way, but the insurance company won’t agree. Our team can prepare for a court suit involving any insurance company.