Bicycle Accident Lawyer Pittsburgh

Bicyclists are vulnerable on the road, and when accidents occur, they can result in serious injuries. If you’ve been injured in a bicycle accident in Pittsburgh, you need a lawyer who understands your rights. Porta-Clark & Ward will advocate for your case and help you recover the compensation you need. Call (412) 921-7350 for a free consultation with a bicycle accident lawyer today.

Understanding How Shared Fault Affects Bicycle Accident Claims

Bicyclists have the same rights to the road as drivers, but that does not mean they are always treated fairly after an accident. When a cyclist is injured in a crash with a motor vehicle, insurance companies often try to shift some of the blame onto the rider. Pennsylvania follows comparative negligence laws, which means that if a bicyclist is found partially responsible for the accident, it can impact how much compensation they receive.

Understanding how fault is determined in bicycle accident claims can help injured cyclists protect their rights. If an insurance company is trying to reduce or deny a claim by blaming the rider, knowing how comparative negligence works is critical.

What Comparative Negligence Means in Pennsylvania

Pennsylvania uses a modified comparative negligence system when determining fault in accident cases. This means that if both parties share responsibility for a crash, the injured person’s compensation is reduced by their percentage of fault. However, if someone is found to be more than 50% at fault, they are not eligible to recover any damages.

For example, if a bicyclist is awarded $50,000 in damages but is found to be 20% at fault, their compensation would be reduced by 20%, leaving them with $40,000. However, if they were found 55% at fault, they would not receive anything.

How Fault Is Determined in Bicycle Accidents

In a bicycle accident claim, fault is usually determined based on the actions of both the cyclist and the driver. Insurance companies, attorneys, and courts look at various factors to decide who was responsible for the crash.

Some common factors that can influence fault include:

Whether the driver was speeding, distracted, or under the influence
Whether the cyclist was following traffic laws
If the accident occurred at an intersection and who had the right of way
Whether the driver failed to yield or check blind spots
If the cyclist was riding against traffic or ignoring signals
Road conditions and visibility at the time of the crash

Because every accident is different, determining fault is not always straightforward. Both sides may present evidence to support their claims, and in many cases, insurance companies try to place some of the blame on the bicyclist to reduce their payout.

Common Arguments Used to Blame Cyclists

Insurance companies often look for reasons to argue that the cyclist was at least partially at fault. Some of the most common arguments include:

The bicyclist was not wearing a helmet. While Pennsylvania law does not require adult cyclists to wear helmets, an insurance adjuster may try to argue that a head injury was worsened by the lack of one.
The rider was not in a designated bike lane. Cyclists are allowed to ride on the roadway, but some drivers believe that bike lanes are mandatory. This misunderstanding can lead to unfair fault accusations.
The cyclist was not visible. Insurance companies may argue that a rider’s dark clothing, lack of lights, or position on the road made them difficult to see, shifting some of the blame onto them.
The bicyclist failed to stop at a stop sign or red light. If a cyclist enters an intersection without stopping, they may be considered at fault for the crash.
The rider was distracted. Just like drivers, cyclists can be accused of riding distracted, whether by looking at a phone or listening to music with headphones.

These arguments are not always valid, but insurance companies use them to reduce their liability. This is why gathering evidence after a crash is important.

Proving That the Driver Was Primarily at Fault

To fight unfair claims of shared fault, injured cyclists need strong evidence showing that the driver was the one responsible for the accident. Some of the best forms of evidence include:

Police reports. If law enforcement responded to the crash, their report could contain details about who was at fault.
Eyewitness statements. Witnesses who saw the accident happen can help clarify what occurred and counter false claims.
Traffic camera or dashcam footage. Video evidence can be critical in showing exactly how the crash unfolded.
Photos from the accident scene. Images of the bicycle, vehicle damage, road conditions, and traffic signs can help support a claim.
Medical records. Detailed medical reports link injuries to the accident and show the severity of harm suffered.

If an insurance company is trying to reduce a claim unfairly, having strong documentation can help prove the driver’s negligence.

What to Do After a Bicycle Accident

If you are injured in a bicycle accident, taking the right steps can help protect your claim. Even if you believe the driver was at fault, the insurance company may try to argue otherwise.

Here is what you should do:

Call the police – A police report can provide an official record of the accident and may indicate who was at fault.
Take photos – Capture images of the crash site, injuries, vehicle damage, and any relevant road signs or traffic signals.
Get contact information – Collect names and phone numbers of witnesses who saw what happened.
Seek medical attention – Even if injuries seem minor, getting checked by a doctor creates a medical record that links your injuries to the crash.
Avoid discussing fault – Do not admit any responsibility when speaking to the driver, police, or insurance companies.
Consult a personal injury lawyer – An attorney can help protect your rights and push back against unfair fault claims.

Why Legal Help Can Make a Difference

Comparative negligence laws can be complicated. Insurance companies are skilled at reducing payouts by placing blame on injured cyclists. Without legal representation, it can be difficult to challenge these tactics.

A personal injury lawyer can help by:

Investigating the accident and gathering evidence
Negotiating with insurance companies to push back against unfair blame
Calculating the full cost of medical expenses, lost wages, and pain and suffering
Representing you in court if a fair settlement is not offered

Since Pennsylvania’s statute of limitations for personal injury claims is two years from the date of the accident, it is important to act quickly. Waiting too long could make it harder to collect evidence and weaken your case.

A Bicycle Accident Attorney Committed to Your Recovery

Bicycle accidents often result in serious injuries, and when insurance companies try to shift blame onto the rider, it can make recovering compensation more challenging. Understanding how Pennsylvania’s comparative negligence law works is key to fighting back against unfair fault claims.

If you were injured in a bicycle accident in Pittsburgh, taking action early can help protect your rights. With the right legal strategy, you can challenge false blame and pursue the compensation you deserve. Porta-Clark & Ward will stand by your side to ensure negligent drivers are held accountable. Our experienced bicycle accident attorneys will fight for fair compensation. Call (412) 921-7350 for a free consultation and take the first step toward recovery.