Pennsylvania is a state built for two very different kinds of cycling, sometimes within the same afternoon’s ride. A courier weaves through Center City traffic on Market Street while a commuter pedals a converted rail trail outside Harrisburg, and a weekend rider climbs a quiet stretch of Route 6 through the Poconos.
Whether a crash happens because a driver opens a door outside a Philadelphia coffee shop, a pickup passes too close on a rural Susquehanna Valley road, or a pothole sends a rider down on a Scranton street, Pennsylvania cyclists carry the same legal rights as any other road user. The Slocum Firm represents cyclists across the Commonwealth, and we practice from our office in Scranton, in Lackawanna County.
Cycling in Pennsylvania has grown steadily in both settings over the past decade. Protected bike lanes now run through parts of Philadelphia, Pittsburgh, and Harrisburg, and rail-trail networks stretching through Lancaster County and the Susquehanna River Valley draw riders who would never have considered cycling as transportation or recreation a generation ago. That growth has not been matched everywhere by uniform driver awareness or consistent road maintenance, and a cyclist’s lawful presence in a travel lane is still treated as unexpected far more often than the law would suggest.
If you were hit while riding anywhere in Pennsylvania, call The Slocum Firm at (570) 209-7376 before you give a recorded statement or accept any offer. We answer at any hour, and the conversation costs nothing.
What Does Pennsylvania Law Say About Cyclists?
Many drivers assume bicycles occupy some gray area of the road, half vehicle and half obstacle. Pennsylvania law disagrees.
Under 75 Pa.C.S. § 3501, every person riding a bicycle on a roadway is granted all the rights and is subject to all the duties that apply to a driver of a motor vehicle. A cyclist has as much legal standing to occupy a travel lane as the driver behind them, and that is the starting point for any claim.
Pennsylvania backs that principle with specific protections. Since 2012, 75 Pa.C.S. § 3303 has required a driver overtaking a cyclist to pass at not less than four feet, at a careful and prudent reduced speed. Opening a car door into a cyclist’s path, known as dooring, is illegal under 75 Pa.C.S. § 3705, which requires that a door be opened only when it is reasonably safe and without interfering with moving traffic.
Helmets are legally required only for riders under 12. The more useful rule for an injured cyclist sits in 75 Pa.C.S. § 3510, which states that failure to use a pedalcycle helmet shall not be considered contributory negligence and shall not be admissible as evidence in the trial of any civil action. That language is written generally rather than tied to the under-12 requirement above it, which is why it reaches adult riders too.
Where Do Most Bicycle Crashes Happen?
The mechanics of a bicycle crash tend to differ by setting, and understanding that difference matters when building a case. In dense corridors like Philadelphia, dooring incidents, driver failure to yield at intersections, and right-hook turns, where a driver passes a cyclist and immediately turns right across their path, account for a large share of collisions.
Left-turn crashes, where an oncoming driver turns directly into a cyclist proceeding straight, happen in both urban and rural settings and remain one of the most common patterns statewide. Rear-end collisions, often caused by a driver following too closely or failing to notice a cyclist ahead, show up on roads of every size.
Rural stretches carry their own risks. Speeding drivers on open roads through the Poconos, Lancaster County, and the Susquehanna River Valley give cyclists far less margin for error when something goes wrong, since higher speeds turn a close call into a catastrophic injury. Road hazards, including potholes, loose gravel, and debris, appear more often on rural and secondary roads that receive less consistent maintenance, and when a hazard on a government-maintained road causes a crash, that opens a separate avenue of potential liability against the municipality or state agency responsible for upkeep.
Distracted driving compounds every one of these patterns, whether it happens on a Philadelphia avenue with a cyclist riding safely in a dedicated lane or on a two-lane rural road where a driver has far less time to react to a rider ahead. A driver glancing at a phone for even a few seconds covers a significant distance at highway speed, and a cyclist has nowhere to go when that inattention closes the gap between them and a passing vehicle.
If you were hurt in a bicycle crash, read this article to learn why prompt medical care and follow-up treatments are vital to protecting your health and injury claim.
Can You Sue the Government for a Road Hazard?
A crash caused by a pothole, a collapsed shoulder, or debris left on the roadway raises a different kind of legal question than a typical driver-versus-cyclist claim. Pennsylvania’s Political Subdivision Tort Claims Act generally shields local governments from lawsuits, but it carves out specific exceptions, including certain claims involving dangerous road conditions the municipality knew or should have known about and failed to fix. Claims against the Commonwealth itself follow a similar framework under sovereign immunity, the doctrine that limits when a state government can be sued at all.
These claims come with a much tighter timeline than a typical negligence case. Anyone pursuing a claim against a government entity generally must provide written notice within six months of the injury, far shorter than the standard two-year filing deadline.
Missing that notice window can end a case before it starts. If a road hazard caused your crash, contacting an attorney immediately rather than months later is not optional.
Proving a municipal road hazard claim takes more than showing the hazard existed. Pennsylvania generally requires proof that the agency had actual or constructive notice of the dangerous condition, meaning it either knew about the hazard or should reasonably have known, and failed to fix it in a reasonable time.
That usually means pulling maintenance records, prior complaint logs, and inspection histories early, before the question becomes whether the pothole appeared the day before the crash.
What Happens If the Driver Blames You?
Pennsylvania follows a modified comparative negligence rule under 42 Pa.C.S. § 7102. A cyclist can still recover compensation as long as their own share of fault is 50 percent or less, though the award is reduced proportionally, and recovery is barred entirely once a cyclist is found 51 percent or more responsible. That rule is where most cyclist claims are contested, usually on an argument that the rider failed to signal, drifted outside a bike lane, or was hard to see.
The helmet question is worth returning to, because it comes up in negotiation more often than the statute would suggest. Section 3510 bars helmet non-use as evidence in a civil trial, but a claim that settles never reaches a trial, and the argument still surfaces informally.
Knowing that the rule exists is what keeps it from costing anything. We raise it early and keep the discussion on what the statute actually permits.
Other common arguments are that a cyclist rode outside a marked bike lane, failed to signal a turn, or travelled in a way the driver did not expect. Pennsylvania law gives cyclists real flexibility to move within a lane to avoid hazards, prepare for a turn, or stay visible, and assumptions about where a rider should have been often do not match what the law permits. Building the case with clear documentation of road conditions, sightlines, and the cyclist’s actual conduct closes off these arguments before they can shrink a settlement.
What a Tort Election Has to Do With a Bicycle Crash
If a cyclist is struck by a driver, the driver’s auto insurance is typically the primary source of compensation. Whether the cyclist’s own tort election under 75 Pa.C.S. § 1705 has any effect on that claim is an unsettled question in Pennsylvania, which is a reason to ask about it rather than assume an answer either way.
What the coverage review more often turns up is underinsured or uninsured motorist coverage the cyclist forgot they carried. A serious bicycle claim can exceed a driver’s liability limits quickly, and coverage on the injured rider’s own policy is sometimes the difference between a partial recovery and a full one.
Deadlines and What a Bicycle Claim Can Recover
Bicycle claims tend toward the severe end, because a rider has none of the structural protection a vehicle provides. Traumatic brain injury and spinal cord injury claims are heavily represented among the cases we see.
Pennsylvania generally gives injured cyclists two years from the date of the crash to file a lawsuit under 42 Pa.C.S. § 5524, though a claim involving a government entity carries the much shorter six-month notice requirement. Compensation may include medical bills, lost wages, future medical costs, pain and suffering, bike repair or replacement, and permanent disfigurement.
A Firm That Represents Cyclists Everywhere in Pennsylvania
The Slocum Firm was founded in 2009 and has represented injured Pennsylvanians ever since. Our attorneys are admitted to the United States District Courts for the Eastern and Middle Districts of Pennsylvania, and we take cyclist claims from Philadelphia, Scranton and northeastern Pennsylvania, Allentown and the Lehigh Valley, and communities across the Commonwealth, urban and rural alike.
Every client works directly with the attorney handling their case rather than a rotating group of case managers, and that attorney is reachable at any hour. Across our practice we have recovered in more than 95 percent of the cases we have taken, and our attorneys bring more than 50 years of combined experience.
Results may vary. Prior case outcomes do not guarantee similar results.
We take bicycle claims on contingency, so you pay nothing upfront and owe no attorney fee unless we recover compensation for you. Case expenses are handled separately from the attorney fee, and we will explain exactly how they work before you decide anything. Call The Slocum Firm at (570) 209-7376 at any hour to find out where your claim actually stands.
FAQs: Pennsylvania Bicycle Accident Lawyer
These are the questions we hear most often from riders after a crash.
What if the driver who hit me had no insurance?
Your own policy may cover it. Uninsured and underinsured motorist coverage often reaches a cyclist struck by a car, and it is one of the first things we check. A serious bicycle claim can exceed a driver’s liability limits quickly, so knowing what other coverage exists matters early.
What if I wasn’t wearing a helmet when I was hit? Does that affect my case?
Generally no. Under 75 Pa.C.S. § 3510, failure to use a pedalcycle helmet cannot be treated as contributory negligence and is not admissible as evidence in any civil action. That language is not limited to riders under 12, so it reaches adults.
How long do I have to file a bicycle accident claim in Pennsylvania?
Generally two years from the date of the crash, though claims against a government entity for a road hazard carry a much shorter six-month notice requirement.
Can I sue a municipality if a road hazard caused my bicycle accident?
Potentially, yes. Pennsylvania’s Political Subdivision Tort Claims Act shields local governments in many situations but includes exceptions for dangerous road conditions, subject to strict notice and procedural requirements.
What compensation can a bicycle accident victim recover in Pennsylvania?
Medical bills, lost wages, future medical costs, pain and suffering, bike repair or replacement, and permanent disfigurement, depending on the severity and circumstances of the crash.
Hit While Riding? Start With a Conversation.
If you were hit by a car while riding anywhere in Pennsylvania, in a city, a suburb, or out on a rural highway, call The Slocum Firm at (570) 209-7376 at any hour. You will speak directly with an attorney about what your claim would require and what the record currently supports. There is no attorney fee unless we recover compensation for you, and we will explain how case expenses are handled before you decide anything.
