Bicycle Accident Claims in Pennsylvania

A person riding a bicycle (pedalcycle) on a roadway has the rights and duties of a vehicle driver. A motorist passing a bicycle going the same direction must pass to the left at least four feet away, at a careful and prudent reduced speed. Riders and passengers under 12 must wear an approved helmet (religious exemption available); by statute, a helmet violation or failure to wear a helmet may not be used as evidence or as contributory negligence in a civil case. Riding on sidewalks is allowed except in business districts (unless signs permit it) or where a usable bike-only lane is next to the sidewalk; riders on sidewalks must yield to pedestrians and give an audible signal before passing them.

Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the combined negligence of the defendants against whom recovery is sought; damages are reduced by the injured person's share. Each defendant's liability is generally several only (each pays its share), with exceptions such as intentional torts and defendants found 60% or more at fault.

Minimum financial responsibility is $15,000 for injury to one person, $30,000 for injury to two or more people in one accident, and $5,000 for property damage. Every policy must also include a $5,000 first-party medical benefit. Pennsylvania is a choice no-fault state: insurers must offer a choice between "full tort" coverage and a cheaper "limited tort" option, which limits the right to sue for pain and suffering.

Two years for an action to recover damages for injuries to the person caused by the wrongful act, neglect, unlawful violence or negligence of another. Assault, battery, false imprisonment and similar claims also have a two-year deadline.