Chester County Bicyclist Wins $29 Million Settlement After Crash: Understanding Your Rights as a Cyclist
A Chester County court recently awarded a bicyclist a staggering $29 million settlement after a devastating collision with a commercial truck. This landmark case highlights the serious risks cyclists face on our roads and underscores the importance of understanding your rights and the legal recourse available if you’re involved in a bicycle accident. According to the National Highway Traffic Safety Administration, 24 bicyclists died in Pennsylvania in 2021, marking a 9% increase year-over-year, a reminder of the dangers cyclists face daily.
The Tragic Incident and the Fight for Justice
In July 2022, a 51-year-old cyclist, Heath Wilson, was riding on the Enola Low-Grade Trail in Lancaster County, Pennsylvania. As he crossed an intersection with Bushong Road, he was struck by a truck owned by JM Lapp Plumbing & Heating LLC. The impact was so severe that Wilson was thrown 25 feet, resulting in a traumatic axonal brain injury, a prolonged coma, and numerous internal injuries, including the removal of his spleen.
Before the accident, Wilson was a dedicated nurse at a VA hospital and an active athlete. The catastrophic injuries left him unable to work or care for himself, requiring him to reside in a long-term care facility. His attorneys at Morgan & Morgan fought for justice, arguing that the truck driver was negligent and failed to yield the right-of-way, despite living on the road for nearly a decade and being familiar with the intersection. An expert testified that the driver had a clear line of sight from 100 yards away but failed to stop or slow down.
The $29 Million Settlement: A Breakdown
After a week-long trial in Chester County Court, the jury found JM Lapp Plumbing 85% liable for the accident, with Wilson deemed 15% comparatively negligent. The $29 million settlement was broken down as follows:
- Past Medical Expenses: \$954,961
- Future Medical Expenses: \$9,898,784
- Lost Wages: \$257,863
- Future Loss of Earnings: \$1,933,677
- Pain and Suffering: \$4 million
- Loss of Enjoyment of Life: \$4 million
- Embarrassment and Humiliation: \$4 million
- Disfigurement: \$4 million
This substantial award reflects the profound impact the accident had on Wilson’s life and sends a clear message about corporate responsibility in ensuring road safety.
Pennsylvania Bicycle Laws: What You Need to Know
Pennsylvania law considers bicycles as vehicles, granting cyclists the same rights and responsibilities as motorists. This means cyclists must obey traffic signals, stop signs, and ride in the same direction as traffic. However, Pennsylvania also offers unique protections for cyclists:
- Four-Foot Passing Law: Motorists must provide at least four feet of clearance when passing a bicyclist. They are even permitted to cross the double yellow centerline to ensure this buffer.
- Helmet Law: While only riders under 12 are legally required to wear a helmet, Pennsylvania law prevents the failure to wear a helmet from being used against you in an injury claim.
- Right to Take the Lane: Cyclists can legally take the lane when conditions make it unsafe to ride far to the right, such as when passing vehicles or avoiding hazards.
Understanding these laws is crucial for all cyclists, whether you’re a recreational rider or a daily commuter.
What to Do If You’re Involved in a Bicycle Accident
If you’re involved in a bicycle accident in Chester County or anywhere in Pennsylvania, here are crucial steps to take:
- Seek Medical Attention: Your health is the top priority. Even if you don’t feel seriously injured, get checked by a doctor. Some injuries, like brain trauma, may not be immediately apparent.
- Call the Police: A police report can provide valuable documentation of the accident, including details about the scene, witnesses, and the other driver’s information.
- Gather Information: If possible, collect the other driver’s name, insurance information, and license plate number. Also, get contact information from any witnesses.
- Document the Scene: Take photos and videos of the accident scene, including any damage to your bicycle, the other vehicle, and any visible injuries.
- Contact a Personal Injury Lawyer: An experienced personal injury lawyer specializing in bicycle accidents can help you understand your rights, navigate the legal process, and fight for the compensation you deserve.
Why You Need a Personal Injury Lawyer
Navigating the aftermath of a bicycle accident can be overwhelming. Insurance companies may try to minimize your claim or deny it altogether. A personal injury lawyer can:
- Investigate the Accident: Gather evidence, interview witnesses, and reconstruct the accident to determine liability.
- Negotiate with Insurance Companies: Handle all communications with the insurance companies and fight for a fair settlement.
- File a Lawsuit: If a fair settlement cannot be reached, file a lawsuit and represent you in court.
- Maximize Your Compensation: Pursue all available damages, including medical expenses, lost wages, pain and suffering, and property damage.
Seeking Justice and Fair Compensation
The Chester County bicyclist’s $29 million settlement serves as a reminder that cyclists have rights and can seek justice when injured due to negligence. If you or a loved one has been involved in a bicycle accident, don’t hesitate to contact a personal injury lawyer to discuss your legal options. Understanding your rights and taking the necessary steps can help you protect your future and receive the compensation you deserve.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. You should consult with an attorney to discuss the specific facts of your case.