According to the most recent data available from the Delaware Department of Transportation, there were over 160 bicycle accidents in Delaware in 2014. Of the total number of bicycle accidents in 2014, about 80% resulted in personal injuries. This means there were roughly 130 bicycle accidents in Delaware in 2014 which resulted in injuries.
In addition, children are often injured in bicycle accidents. Of the bicycle accidents that resulted in injuries, 22% (28) involved children under the age of 15. It’s no wonder that bicycle accidents peak during the summer months, when children are out and about riding their bikes. Many bicycle accidents occur at Delaware beach towns such as Rehoboth, Dewey and Bethany.
Legal Rights After a Bicycle Accident in Delaware
Delaware law is very complex when it comes to auto accidents like bicycle accidents. Oftentimes, issues arise related to PIP coverage (personal injury protection), insurance coverage, UIM/UM coverage and liability. Individuals injured in bicycle accidents in Delaware can obtain PIP benefits to cover medical bills and lost wages.
In addition, injured individuals may be able to seek financial compensation by filing a lawsuit against the at-fault driver and receive financial compensation for pain and suffering as well as financial losses not covered by PIP. Read more about PIP coverage in Delaware auto accident cases.
A Brief Summary of PIP Benefits Under Delaware Law
Delaware auto insurance coverage law requires every insurance policy issued in this state to contain certain minimum coverage amounts. One of the most important types of coverage is PIP coverage which pays for medical bills and lost wages, among other benefits. Under Delaware law, the minimum amount of PIP coverage required is $15,000.
PIP Coverage After a Bicycle Accident in Delaware Depends on Where the Striking Vehicle is Registered
Striking Car is Registered in Delaware
Delaware residents who are injured in bicycle accidents would make a PIP claim under the striking car’s auto insurance policy, so long as the striking vehicle is registered in Delaware. In addition, fault is not an issue when it comes to making PIP claims. For example, a Dover resident is riding their bike and is struck by a car registered and insured in Delaware. The accident is solely the bike rider’s fault. The injured individual would make a PIP claim under the driver’s car insurance policy.
Striking Car is Not Registered in Delaware (Out of State Vehicle)
Out of state cars are often traveling on Delaware roadways whether it’s to vacation at Delaware beaches or travel through Delaware for work. If the striking vehicle is registered in another state, like Maryland or Pennsylvania, a Delaware resident who is injured while riding their bike would make a PIP claim under their own auto insurance policy, either as a named insured or household member. For example, a child riding their bike in Rehoboth Beach is struck by an out of state vehicle. The child would be eligible for PIP benefits under their parent’s auto insurance policy as a household member.
Stacking PIP Benefits for a Delaware Bicycle Accident
Delaware residents who are injured in bicycle accidents caused by a Delaware driver, depending upon the insurance policy language, may be able to stack PIP benefits. A Delaware resident would make a PIP claim with the car insurance company of the striking vehicle. If the resident is insured under an auto policy with PIP coverage that exceeds the amount of coverage of the striking vehicle, the resident may then make a PIP policy under their own auto insurance policy.
Stacking PIP benefits is particularly important in bicycle accident situations because the injuries are usually severe and require extensive medical treatment. The bills alone can easily exhaust a minimum PIP limits policy ($15,000).
Non-Residents Injured in Bicycle Accidents While Visiting Delaware
What happens when an out of state resident is injured in a bicycle accident that occurs in Delaware? How are PIP benefits paid?
Striking Car is Registered in Delaware
Out of state residents who are injured in bicycle accidents while in Delaware would make a PIP claim under the striking car’s auto insurance policy, so long as the striking vehicle is registered in Delaware.
Striking Car is Not Registered in Delaware (Out of State Vehicle)
Out of state residents who are injured in Delaware bicycle accidents by out of state cars or trucks would probably make a PIP claim under their their own auto insurance policies in accordance with the laws of their home state. For instance, a Pennsylvania resident who is injured in a bicycle accident with an out of state vehicle while in Delaware would probably make a PIP claim under their auto insurance policy, in accordance with Pennsylvania law.
Delaware Car Accident Injury Lawyer – Offices in Wilmington, Dover & Newark
For a free consultation, please call our law office at (302) 658-1717. Our car accident lawyers have over 30 years of experience handling bicycle, pedestrian and truck accident cases.
*Disclaimer: This website page does not provide any legal advice or create any attorney-client relationship. Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in Delaware. Any discussion of results is no guarantee of the same or similar results in current or future cases.
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