According to PennDOT Vehicle Code 3501 (a), every person riding a pedalcycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle.
If you are in a crash, here some important recommendations:
- If you’re in pain and you’re not in a dangerous location, then stay put to avoid further injury. If you’re in a dangerous location such as the middle of the street, then it’s probably best to move if you’re able to.
- Do a quick check – Are you bleeding? Is you’re helmet cracked or broken? Etc.
- If you think that you may be seriously injured, then call 9-1-1 or get someone else to do it for you.
- If your crash involves a car, try get the driver’s a.) contact information b) license plate number c.) insurance information d.) witness contact information. In the case of injury and/or hit-and-run, it may not be possible to collect the information you need. If you’re in too much pain, but not critically injured, ask someone to write down the driver’s license plate number as well as their information and give it to you.
- Go to the hospital. Do not take minor injuries lightly. Healthcare professionals can check for a concussion and other less obvious but serious injuries. Not only will you rest better knowing that you got checked out, if you need a police report for legal reasons or to get compensated from an insurance claim, you must go to the hospital via an ambulance to trigger the report. Read this post for more information on who pays in the event of a crash with a car, the importance of going to the hospital, and what insurance you can get to further protect yourself.
- If you’re hurt and even if you don’t believe you have a serious injury, do not downplay or minimize your injuries or the damage to your bike by telling the driver that “you’re fine”, “it’s not serious”, or “it’s OK – don’t worry about it”. By doing so, especially if you find out later that you do have an injury and/or the damage to your bike was more serious than you thought, it can work against you later in court or at the insurance office.
- Get a police report to officially document the crash. Police are required to create a report if a participant in the incident goes to the hospital. An injury, no matter how small, may be the only way to guarantee a police report. You will need one if you seek compensation for medical bills, etc.
- Document everything. Witness info, the responding officer’s badge number, your trips to the hospital and all corresponding expenses related to your crash.
- Contact a lawyer.
- Contact your city councilperson and the Mayor and tell them your story and that you want safer cycling conditions in the city. Also, contact the City of Erie or other local government entities to tell them about the road hazard or dangerous situation.
- Before you ride again, get your bike checked out by a bike mechanic. Have a pro look it over for cracks or other damage that could cause another crash. As is true with your own body, problems with your bike are not always obvious at first glance.
Other Important Information:
- Protect yourself: Everything a bicyclist needs to know about car insurance – Did you know that if you’re hit by a car while riding your bike either your car insurance or the motorist’s insurance will pay for your trip to the hospital? Don’t have car insurance? You can purchase “non-owner’s” car insurance that will further protect you in the event of a crash.
- “Dooring” is always the Motorist’s Fault – PA Vehicle Code 3705: No person shall open any door on a motor vehicle unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on a side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
- PennDOT Resources: Pennsylvania Bicycle Driver’s Manual. The PA Vehicle Code also has a whole section on the operation of bicycles.
- Bicycling and the Law – A web site that offers bicycling accident advice for cyclists including those injured by motorists, unsafe conditions and defective cycling products. At this site injured cyclists will find information about what to do after an accident to best protect their rights.
- “Hit-and-runs,” since they are a crime, qualifies for Pennsylvania’s Victims Compensation Assistance Program. This program can help with everything from medical expenses to work loss to broken eyeglasses.
- Pennsylvania Health Law Project – Provides free legal services and advocacy to Pennsylvanians having trouble accessing publicly funded health care coverage or services.
- Bicyclist’s Rights and Crash FAQ – Great Resource from a lawyer in Philadelphia.
- Report a Road Hazard – Many road hazards are not detectable by inspectors in cars, and can be extremely dangerous to those of us on bikes. In order for dangerous conditions to get fixed, we need you to report these hazards and get them on record.
- Consider purchasing an EmergyCare ambulance membership, which covers any out of pocket expense if you are cared for and transported in a medically necessary emergency by an EmergyCare ambulance. You will receive unlimited ground EmergyCare ambulance service.
- To report a road hazard on a State of Pennsylvania road, call 1-800-FIX-ROAD.
- If you had trouble with or experienced an officer acting discourteously to you, make sure to file a complaint and keep a record. And of course, if you receive particularly exemplary service from an officer, we encourage you to contact her/his supervisor to thank them.
- Bicycling Magazine offers some advice on whether you should fight a ticket or not – especially relevant in the case of a crash.
Note: The majority of the information on this page was created and compiled by Bike Pittsburgh and is located here as well as this Grist article.