Bike lanes are in place to give riders somewhere to be, separate from the cars on the road and the pedestrians on the sidewalk. The goal is to keep people safe, but sometimes the laws surrounding bike lanes – and the lack of properly designed bike lanes – can actually make cases more complicated and riders less safe.
If you were hit by a car while riding in the bike lane, this can usually help you prove the crash was their fault as they cannot legally drive in your bike lane. However, the opposite is also true: if you weren’t riding in the bike lane, the crash might be your fault – at least in part. Additionally, some bike lanes are too dangerous for riders, which could potentially add in other elements of liability.
For help with your bike accident case, call the Philadelphia bicycle accident lawyers at The Reiff Law Firm today at (215) 709-6940.
Determining Fault for a Crash in a Bicycle Lane in Philly
Bike lanes are designated specifically for cyclists, and cars are not supposed to drive in the bike lane. When there is no bike lane, cars and bicycles share the lane, potentially making it harder for cars to pass slower cyclists and potentially putting cyclists at risk. However, when there is a hard line dividing where the drivers are supposed to be and where the cyclists are supposed to be, it can be easier to blame a driver for a bike crash when they drive into the bike lane.
If you were hit while riding within the bicycle lane, we can use that as strong evidence that the driver who hit you was at fault. Even though the bike lane might not have kept you safe, it can ultimately help you get damages.
Determining Fault for Crashes Outside a Bicycle Lane in Philadelphia
If there is no bicycle lane on the road, then our Philadelphia bicycle accident lawyers can help you look for other grounds to prove that the other driver was liable for your bike accident. However, when there is a bicycle accident outside a clearly marked bike lane, that could potentially make you – the cyclist – at least partially at fault for the crash.
Cyclists are required to use the bicycle lane if there is one. They should not be on the sidewalk, and they should not be on the road while riding along. However, there are some clear exceptions, in that cyclists can move to the left side of the road to make a left turn, allowing them to cross across the driving lane, signal their turn, and wait for a chance to turn left. All of this can legally be done outside the bike lane with no issue, so if you got hit while turning left, that should not hurt your case.
However, if you were riding next to the bike lane when a driver clipped you, that could make you share fault for the crash since you were not supposed to be riding there. However, it should not necessarily make you 100% at fault. Injured cyclists can still claim partial damages for the other driver’s share of fault in a bike accident, losing damages only for the portion of fault they caused themselves. This rule only cuts off liability if you are more than 50% at fault.
How Unsafe Bike Lanes Affect Liability in Philadelphia Cycling Accidents
Bike lanes come in many different setups. Some streets are simply marked with a bike logo and an arrow, indicating that cyclists should ride within the regular lane of traffic. Others have a separate lane – often painted a different color – in which cyclists are supposed to ride. Still others are separated by a parking lane, a strip of grass or sidewalk, plastic delineators/bollards, or even cement barriers to physically separate the bike lane from the roadway. Depending on how the road was set up, different elements could affect liability.
One major problem with bike lanes is when they are not marked separately from a parking lane. Drivers often park in bike lanes, and construction vehicles or trash and debris block the bike lane from being usable. In these cases, cyclists are forced to go around, putting themselves at risk. Cyclists can still be ticketed or found at fault for a crash if they had to leave the bicycle lane, but it might be possible to shift that blame to the driver who was illegally parked or whatever party made the bike lane unsafe.
In some cases, it may be possible to sue the City of Philadelphia for dangerously designed or insufficient bike lanes. Various organizations have been pushing Philadelphia and other cities for years to install separated bike lanes that have barriers to protect cyclists from cars. When a bike lane is designed in such a way that fails to reasonably protect the cyclist or where the defenses are actually broken or in disrepair, the injured cyclist might have a case against the City.
Filing a Personal Injury Claim for a Bike Accident in Philadelphia
Injured cyclists can often bring a claim directly against the driver who hit them, holding them liable for all of their injuries and damages. If you were hit by a car while cycling, it is important to call the police and get a report made for the accident. From there, take pictures, get the names of everyone involved, gather contact and insurance information, and gather any other evidence and information you can to build a strong case. If you had to go straight to the hospital, don’t worry about collecting evidence; we can obtain information from the police report. As soon as you can after the accident, call our lawyers to start building your case and filing your claims to get your medical bills, lost wages, pain and suffering, and other damages paid for.
Call Our Philadelphia Bike Accident Attorneys Today
Call (215) 709-6940 for a free case evaluation with the Chester County, PA bicycle accident lawyers at The Reiff Law Firm.
