What Is the Average Bicycle Accident Settlement in Pennsylvania?

Philadelphia has more bike commuters per capita than New York City or Chicago. With this, the area sees more bike vs. car accident claims throughout the year.

The increased possibility of biking crashes makes many cyclists wonder about the average bicycle accident settlement Pennsylvania victims can receive. Well, recent cases we have handled have ranged from $75,000 to $173,000. The final amount depends on several factors that include a rider’s injuries, fault, and Pennsylvania’s unique laws.

Today, we will delve into typical settlement ranges, how PA’s 51% rule affects compensation, discuss real examples, and advise on how to protect your claim in case of a bicycle accident.

Key Takeaways

Before we venture any deeper into the legal maze of PA bike accident settlements, let’s skim through a few quick facts:

• Safety: In 2024, Pennsylvania was ranked the 19th bicyclist-friendly state, yet 1,255 people were injured, and 19 cyclists lost their lives on local roads over this time period.
• Settlement ranges: An average compensation for victims who sustained moderate-to-severe injuries in a collision is around $75K–$173K.
• Compensation bar: The state of Pennsylvania abides by a modified comparative negligence rule, which bars injured cyclists from compensation if they are found 51% at fault in an accident.
• Statute of limitations: A bicyclist has two years from the day of the accident to file a corresponding compensation claim.
• Accident types: Most personal injury cases in PA stem from bike vs. car accidents.

As you can see, there are several factors to consider if you want to receive fair compensation. However, a professional bicycle accident lawyer can help you overcome all obstacles and get the maximum settlement you deserve.

How Much Is the Average Bicycle Accident Settlement in Pennsylvania?

There is not one precise compensation amount a personal injury victim can get after they have been in a biking accident in PA. Even an average bicycle accident settlement in Pennsylvania depends on the scale of losses inflicted on the person.

For instance, a typical bike vs. car accident settlement in Pennsylvania may be higher than a single-person crash. The lack of protection the rider has, combined with the speed and weight of a motor vehicle, tends to cause far more serious physical trauma than a wheel-caught-in-a-pothole case.

Based on the cases we have worked on, along with available statewide and national data, our team has compiled the following table outlining approximate settlement tiers by rider injury severity.

The examples above reflect how real cases fit within these compensation tiers. For instance, several herniated disc bicycle settlement cases resulted in $75K in damages. At the same time, a cyclist hit by a car settlement in PA, which involved multiple broken bones after the bicycle accident along with facial scarring, led to $173K worth of payouts. These outcomes show how increased medical treatment, surgery, and long-term limitations can affect the final amount.

It is important to note that nationwide bicycle accident settlements range from $10K to $100K, which shows that average bicycle accident settlements vary by state.

Note: If you have been in a bicycle accident in PA recently and you would like to figure out whether your case is worth the effort, you can use our online settlement calculator to get an approximate estimate of your claim’s value.

How Is a Bicycle Accident Settlement Calculated in Pennsylvania?

Despite how drastically accident settlements vary, personal injury claims are not just random numbers. So far, we have established that injury severity significantly affects the compensation range. However, a crash can cause additional substantial losses that will have a tangible impact on a person’s life after the incident. All the damages a rider can suffer in a collision are divided into three categories.

Economic Damages

This type of damages is often referred to as monetary losses since it represents all the money you have lost or are going to lose in the future because of the accident. The most common example of such losses is medical expenses after a bike crash. These costs include ER visits, hospital stays, surgeries, therapy, medications, rehabilitation, and home care.

Often, an injured person cannot go to work because of the sustained trauma. Thus, the lost wages after a cyclist injury, along with the loss of earning potential, count as economic damages. Any property damage, including but not limited to the bike, protective gear, or other personal belongings, and their repair or replacement will also be added to your settlement.

Note: Keep all your bills and receipts to prove the legitimacy of your economic losses.

Non-Economic Damages

Not all personal losses can be quantified in a precise monetary amount and supported by a receipt. However, it does not mean that the law ignores your pain and suffering after a bicycle accident in PA. If the rider suffers from PTSD, emotional distress, anxiety, depression, and overall loss of joy in life, they can recover these damages as non-economic damages. Usually, these are calculated by multiplying a bicyclist’s monetary damages by a factor of 1.5 to 5.

Note: Usually, the more severe the injuries, the higher the multiplier.

Punitive Damages

This is the rarest type of personal injury claim. Mainly because these are more of a punishment for the at-fault party than compensation for the victim. For instance, if the crash stems from extremely reckless behavior or is found to be intentional, then punitive damages will be awarded. A hit-and-run bicycle accident would be a suitable example of a situation in which such a punishment is applicable.

What Factors Can Affect Your Bike vs. Car Accident Settlement in Pennsylvania?

When you file a personal injury claim, the insurance company will evaluate the case and suggest a bike accident payout in PA. It does not mean the insurer’s word is the final one — you can negotiate fair compensation. However, you need to be aware of all factors affecting a bike vs. car settlement to propose a valid counteroffer.

Severity of Your Injuries

This factor is straightforward: the more severe the injuries, the higher the compensation. For instance, when a driver hits a cyclist, which leads to either a traumatic brain injury or a spinal cord injury, the settlement may rest in the 6-figure range. However, some conditions, like concussions or internal organ damage, may have hidden or delayed symptoms. A timely doctor’s visit can save your life and strengthen your claim.

Bike vs. Car Accident Dynamics

Bicycle accident statistics show that a significant share of bicycle accidents involve motor vehicles, which means that it is usually a cyclist against a 3,000-pound vehicle. It does not take much for a driver to collide with an unprotected rider — a momentary distraction, lapse of attention, unfamiliarity with the infrastructure, or a traffic rule violation. Yet, no matter the seriousness of the consequences of car vs. bicycle accidents, you must possess clear evidence that proves the driver’s fault to be able to pursue higher compensation.

Medical Expenses and Future Care

Serious conditions imply higher medical bills. However, while many unknowingly rely on current medical expenses, skilled legal representatives know that future costs can be included in the settlement as well. That is why, if you need ongoing physical therapy, additional therapy, or constant home care, the claim’s worth will increase.

Loss of Income and Earning Capacity

Each day you spend off work due to the injury sustained in a biking accident will count toward your lost wages reimbursement. However, in some cases, the rider is injured to the extent that it compromises their ability to continue working as they did before the crash. This is especially true for construction workers, delivery drivers, and nurses. If that is the case, the victim is entitled to compensation for the loss of future income, reflecting the difference between what they earned before the crash and what they can earn now.

Clear Liability and Evidence

The easier it is to prove that the other party is to blame for your losses, the faster the claim will resolve and the better the settlement will match the sustained damages. However, to ensure that, a plaintiff needs to gather and provide clear evidence, such as camera footage, witness statements, police reports, medical records, and other digital proof that confirms the defendant’s negligence.

Insurance Policy Limits

Not every plaintiff knows that even if their losses total around $500K in compensation, the at-fault party’s insurance may not cover the requested amount. This happens when the driver’s policy limit is capped. Riders may fill the gaps with their own Uninsured/Underinsured Motorist coverage, but since it is optional in Pennsylvania, this may not always be a viable option.

The best-case scenario in a situation like that is to consult an experienced attorney. They will make sure you do not have to pay out of pocket for another person’s negligence.

Pennsylvania Laws That Can Make or Break Your Settlement

State laws play a major role in determining whether you can recover compensation after a bicycle accident, as well as how much you will receive. In Pennsylvania, the negligence rule as well as the statute of limitations can significantly reduce your settlement or eliminate the chance of recovering anything.

Modified Comparative Negligence

According to the 51% rule in Pennsylvania (42 Pa C.S.A. § 7102), a plaintiff can recover fair compensation, even if they are 50% at fault for the accident. However, the fault percentage will be deducted from the final settlement. If the rider’s fault reaches 51%, they will be ineligible for compensation.

Example: If your damages total $100K and you are found 20% at fault (maybe you were not wearing a helmet or did not signal), you would receive $80K. But if you are found 51% at fault for running a red light, you receive $0.

CRITICAL: If you are found 51% or more at fault in Pennsylvania, you cannot recover ANY compensation — even if the driver was also negligent. Never give a recorded statement to another driver’s insurance company without first consulting an attorney. It takes as little as a single wrong answer to lose your settlement. An average insurance agent is trained to reduce a bike accident payout in PA by shifting blame to cyclists.

Statute of Limitations

The statute of limitations for a bicycle accident in PA determines how long a plaintiff has from the day of the accident to file a personal injury claim to recover their damages. In Pennsylvania, the deadline is exactly two years. While it may seem sufficient, a solid case requires thorough preparation, which in turn takes time. If you miss the deadline by a single day, you will lose your right to compensation.

Pennsylvania’s Fair Share Act

The 42 Pa C.S.A. § 7102 subsection of Pennsylvania’s comparative negligence bicycle law describes who compensates the victim if there are multiple parties involved. For example, if a driver is 70% at fault and the city is 30% at fault for a pothole, each party covers their share. Yet, there is also an important rule to note: if one party is over 60% to blame, they will be responsible for the whole settlement.

How Can a Pennsylvania Bicycle Accident Lawyer Protect Your Settlement?

Insurance companies typically have legal teams working hard to minimize the claimant’s payouts. Not to mention that all it takes to bar a rider from any recovery is to shift their fault a little over 50%. An experienced bicycle accident lawyer can help you level the playing field and maximize your cyclist-hit-by-a-car settlement in PA, and here is how:

• Protection: An attorney can anticipate and deflect all blame-shifting insurance tactics with reliable evidence.
• Case investigation: Your legal representative will take over the case and build a solid claim through accident reconstruction, witness interviews, and recovery of other critical pieces of evidence while you focus on your physical and mental recovery.
• Negotiations: Your lawyer will handle each step of negotiations, so you will not have to deal with the additional pressure of communication with the insurance adjusters.
• Expertise: A skilled attorney possesses all the necessary legal background to know how to use various laws and regulations, including but not limited to the Fair Share Act of Pennsylvania and the statute of limitations, to build a strong case.

Lastly, many law firms offer their services on a no-win, no-fee basis. This means you will not have to pay any upfront service fees until the case is successfully resolved.

How to Document Your Bike Accident to Maximize Your Settlement?

The steps you take after the accident can significantly solidify your claim. A strong case relies on evidence, and you can get most of it from the scene:

• Seek medical attention: Even if you feel okay, see a doctor. A timely checkup will help you detect potential hidden injuries and create a paper trail linking your injuries to the accident.
• Call the police: A police officer will record the scene in detail in an official report, which you can use later as evidence of the driver’s negligence.
• Document the scene: If possible, take clear photos of everything, starting with your injuries, property damage, the driver’s vehicle, the location, the weather, and traffic signs.
• Talk to witnesses: Ask them what they saw and record their answers. Inquire whether they would share their contact details in case they are asked to testify.
• Gather receipts: You should add every bill, whether it is your prescription, repair receipt, or rideshare to the hospital, so that your bicycle vs. car accident settlement reflects your losses in full.
• Document lost wages: Inform your employer about the accident and ask them to write an official confirmation of the days spent off work, along with the income you have lost over the period.
• Keep a journal: Some damages may not be reflected on bills. However, daily notes about your day-to-day life after the accident, including pain levels, mood, and sleep habits, will support your non-economic damages claim.
• Do not admit fault: Even simple politeness can be used against you. This means that you should not even say “I am sorry” to the other party. Insurers can use it to establish liability and reduce your driver-hits-cyclist payout.
• Do not settle too quickly: It is in the insurance company’s interest to convince a victim to accept a lowball offer because of the urgency of the situation. You can call a lawyer for a free case assessment to determine the actual value of your claim.

These steps may seem obvious, but they will increase your chances of a full financial recovery. If you need more legal advice on how to protect your rights after a bike crash, check out our bicycle accident claim guide.

Posted by Robert Goldwater

Since his academic days at the UC Berkeley School of Law, Robert Goldwater has remained a committed advocate for victims of other people’s negligence. His tort law background, together with his unquenchable thirst for justice, helped young Robert found a now-successful law firm – Bicycle Accident Lawyers Group, gathering same-minded and promising attorneys from all over the country.

All articles by Robert Goldwater