Bicycle Accident Lawyer for Delaware County and Philadelphia: Claims for Cyclists and E-Bike Riders

Your rights after a car hits you on a bicycle

If a driver hit you while you were riding, you can bring a claim against that driver for your medical bills, lost income and pain and suffering. Pennsylvania law gives a person riding a bicycle on the road all the rights of a driver, and holds drivers to specific duties around cyclists, including a minimum passing distance.

Your early medical bills are often paid by an auto policy even though you were on a bike, through Pennsylvania's first-party benefits system. That surprises many riders. This page covers the rules of the road for cyclists, who pays your bills, how e-bikes fit in, and what to do now.

Pennsylvania traffic rules that protect cyclists

In the Vehicle Code, a bicycle is a "pedalcycle." A person riding one on a roadway has all the rights and duties of the driver of a vehicle, except where a rule by its nature cannot apply (75 Pa.C.S. § 3501). Several rules come up again and again in bike crash claims:

• Four-foot passing: a driver overtaking a bicycle must pass to the left at a distance of not less than four feet and at a careful, reduced speed (75 Pa.C.S. § 3303(a)(3)).
• Dooring: no one may open a car door unless it is reasonably safe to do so and can be done without interfering with moving traffic (75 Pa.C.S. § 3705). A driver or passenger who swings a door into a cyclist's path is breaking that rule.
• Shoulders: a cyclist may ride on the shoulder of a highway, in the same direction as traffic (75 Pa.C.S. § 3505(b)).
• Riding abreast: cyclists may not ride more than two abreast on a roadway, except on paths or lanes set aside for bicycles (75 Pa.C.S. § 3505(e)).

Sidewalk riding and helmets

State law does not ban all sidewalk riding. It bars riding a bicycle on a sidewalk in a business district unless traffic-control devices allow it, or where a usable bike-only lane runs next to the sidewalk, and it requires anyone riding on a sidewalk to yield to pedestrians and give an audible signal before passing them (75 Pa.C.S. § 3508). Local ordinances can add rules, so check the town or city where you ride.

Pennsylvania requires riders and passengers under 12 to wear an approved bicycle helmet (75 Pa.C.S. § 3510). There is no statewide helmet requirement for adults. Importantly for injury claims, the same statute says a violation of the under-12 helmet rule may not be used as evidence in a civil trial and may not be treated as contributory negligence.

E-bike crashes: when an electric bike counts as a bicycle

Pennsylvania law includes a "pedalcycle with electric assist" within the definition of a pedalcycle. To qualify, the e-bike must weigh no more than 100 pounds, have two or three wheels more than 11 inches in diameter, have operable pedals, use an electric motor rated at no more than 750 watts, and be capable of no more than 20 miles per hour on level ground under motor power alone (75 Pa.C.S. § 102). An e-bike that meets that definition is generally treated like a bicycle under the Vehicle Code.

Faster or more powerful electric bikes may instead fall under the definition of a "motorized pedalcycle," which the law treats as a type of motor-driven cycle. That distinction matters for insurance: Pennsylvania's first-party benefits law excludes operators of motorized pedalcycles (75 Pa.C.S. § 1714). If you were hurt on an e-bike or e-scooter, bring the make, model and any spec sheet to your consultation so a lawyer can sort out which rules apply.

Who pays your medical bills after a bike crash

Every Pennsylvania auto policy must include at least $5,000 in first-party medical benefits (75 Pa.C.S. § 1711). A cyclist hit by a car looks first to an auto policy on which they are a named insured, then to a policy that covers them as an insured, such as a policy held by a relative in the same household. If neither exists, a person who was not in a vehicle can claim against the policy on any motor vehicle involved in the crash (75 Pa.C.S. § 1713).

The at-fault driver's liability insurance pays for the rest of the harm when the claim resolves. If the driver had no insurance or fled, uninsured motorist coverage on your household policy may apply, provided the hit-and-run is reported to police and your insurer is notified within 30 days, or as soon as practicable (75 Pa.C.S. § 1702). If the driver's coverage is too small, underinsured motorist coverage may add to it.

Where bike crashes happen around Upper Darby and Philadelphia

Many riders in our area share busy roads with fast traffic. West Chester Pike, State Road, Baltimore Pike and Lansdowne Avenue carry heavy volumes past parked cars, which raises the risk of dooring and close passes. In West Philadelphia, riders mix with buses, trolleys and delivery vehicles on narrow streets. Right hooks, where a driver turns right across a cyclist going straight, and left turns across a rider's path are common patterns.

Where your case is filed depends on where the crash happened. Crashes in Upper Darby, Havertown or Clifton Heights are usually heard in the Delaware County Court of Common Pleas in Media. Crashes in Overbrook, Carroll Park or Kingsessing usually belong in the Philadelphia Court of Common Pleas.

Fault, injuries and what drives case value

Insurers often try to blame the cyclist: riding too fast, running a light, being hard to see. Pennsylvania uses modified comparative negligence, so shared fault reduces a recovery by your percentage and bars it only if your share is greater than the combined fault of the defendants (42 Pa.C.S. § 7102). Helmet cameras, bike computers, store video and witness accounts often answer these arguments.

Cyclists commonly suffer fractured collarbones, wrists and hips, head injuries, road rash and spinal injuries. The value of a claim depends on those injuries and their treatment, lost income, lasting limitations, the evidence of fault and the insurance available. Keep your damaged bike, helmet and clothing. Do not repair the bike before it has been photographed and inspected.

Deadlines and first steps

A personal injury lawsuit in Pennsylvania generally must be filed within 2 years (42 Pa.C.S. § 5524). Exceptions exist, and if a government vehicle or road defect was involved, written notice may be required within 6 months (42 Pa.C.S. § 5522).

Your Legal Warrior works on a 100% contingency fee: no attorney fee unless we recover, all case costs advanced by the firm and repaid only from a recovery, and nothing owed if there is no recovery. Call (267) 412-4601, answered 24 hours a day, 7 days a week, or send the free case review form.