Pedestrian and Cyclist’s Guide to Car Accidents

Walking and biking are great opportunities to see the colorful changes in fall foliage—but are not without their risks. Estimates from the Governors Highway Safety Association state that more than 7,500 pedestrians were killed by drivers last year—a 40-year high in the United States. For bicyclists it is not much better—roughly 1,000 die and over 130,000 are injured on the road each year. Experts speculate that this is due to both poorly designed roads and the prevalence of larger cars, like SUVs, increasing severity and likelihood of injury. However, there are a few guidelines you should follow to create a safer experience.

Always wear visible, fluorescent clothing during the daytime if possible to increase visibility to traffic. Second, wear retro-reflective clothing or accessories at night to be more visible in the headlights of traffic in the dark. Third, use active lighting (white or red lights) at night to notify drivers of your of your presence.

However, if you’ve been injured by a motor vehicle while walking or riding your bike, the lawyers at Caroselli Beachler and Coleman are here to help you. If you’re lucky enough to walk away from such an event, you’ll likely be left with significant injuries and in need of guidance. This article provides a step-by-step framework for what to do after you’ve been hit based on the time-tested experience of our attorneys:

1. Just like a collision between two vehicles, make sure to call the police. If you are unable to call, have a witness do so. When a death or any personal injury requiring medical attention has occurred, the police will prepare a report which is often used in determining fault in the incident.
2. Next, seek medical attention. A collision with a vehicle is traumatic when you’re behind the wheel, but this is magnified when a pedestrian or cyclist is a victim. Your adrenaline may prevent you from discovering injuries that may be apparent when the adrenaline subsides. The best thing to do is to be evaluated immediately by the emergency department—whether you think you need it or not.
3. Although it may seem counterintuitive, you need to report the incident to your car insurance. Under Pennsylvania law, you are entitled to “First Party Benefits” under your own car insurance policy even as a pedestrian or cyclist—if you’re hit by a car, your car insurance may provide payment for expenses such as wage loss, medical coverage, and funeral benefits caused by the incident. These benefits provide payment for medical treatment that, unlike some health insurance plans, do not require a co-pay and cannot be recovered out of your recovery in a potential lawsuit. Further, even if you selected the “limited tort option” under your policy that restricts your rights to recovery in a lawsuit, our Supreme Court ruled that this option is not applicable to pedestrians; You retain your full rights to recovery.
4. Finally, seek the advice of an experienced personal injury attorney.

If you sustain a injury from a motor vehicle while walking, going for a run, or riding your bike, it is important to retain an experienced personal injury attorney as soon as possible so you can focus on recovery. The law firm of Caroselli Beachler Coleman has been representing injured people for over 50 years. We offer free consultations and can meet at a location convenient to you. If you, a family member, or friend were injured in a car accident, give us a call at 1-800-222-8816.

 

CAROSELLI BEACHLER & COLEMAN, LLC

REPRESENTING INJURED PERSON AND THEIR FAMILIES THROUGHOUT WESTERN PA SINCE 1972.

 

NO FEES UNLESS DAMAGES ARE RECOVERED.

LOCAL APPOINTMENTS AVAILABLE.

412-391-9860

1-800-222-8816

www.cbmclaw.com