Watch Out for that Pothole

It's been a bad winter, and our office has been getting a lot of questions about potholes. Many bicyclists think the Commonwealth of Pennsylvania and the City of Philadelphia (and other municipalities) are immune from lawsuits. While this is generally true, the City and Commonwealth can be sued for injuries caused by potholes or other defects in the street. 42 Pa.C.S.A. §§ 8542, 8255.

These are difficult cases to prove. In addition, the injured party has to provide written notice of the accident to the City or Commonwealth within a certain number of days of the occurrence in order to preserve his/her right to file a lawsuit.

If your injuries were caused by a pothole or defect in the street, you should contact an attorney at PHILLY BIKE LAWYER - all consultations are free, just call (267) 423-4464. Do not miss the notice deadline, call now. You can also fill in our contact form.

Disclosure: This blog post is meant to provide general information only. The information presented in this post should not be construed as formal legal advice nor forming a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.

I was Hit by an Uninsured/Underinsured Driver... Now What?

You've just been hit by a car while riding your bicycle. To make matters worse, the driver had no insurance or not enough insurance to cover your damages. Now what?

The first thing you should do is consult an attorney at PHILLY BIKE LAWYER. Our team is trained to find insurance. There may be another liable party, such as a bar or municipality, that has insurance from which you can collect. 

Our team will also look to see if you are covered by an auto insurance policy, and whether that policy has uninsured/underinsured motorist coverage (UM/UIM). For example, you may be able to collect from a relative's policy if you were living together at the time of the accident. If you were hit by an uninsured driver, the household auto insurance may be obligated to pay the damages. Likewise, the household auto insurance may be obligated to pay a portion of the damages if the driver had inadequate coverage. 

If there is no other insurance, then you may be entitled to collect money from the Commonwealth. The Assigned Claims Plan (the Plan), 75 Pa.C.S. §§ 1751-1757, provides uninsured motorist benefits to residents of the Commonwealth who meet the eligibility requirements of section 1752. The Plan will pay eligible bicyclists up to $15,000 if they were hit by an uninsured vehicle.

If you were involved in a motor vehicle accident, call PHILLY BIKE LAWYER for a free consultation.

Disclosure: This blog post is meant to provide general information only. The information presented in this post should not be construed as formal legal advice nor forming a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.

Yes… You Can Get a DUI while Riding Your Bike in Pennsylvania

Call Philly Bike Lawyer at (267) 423-4464 for a free consultation.

Pennsylvania’s DUI statute, 75 Pa.C.S. § 3802, forbids an individual from operating a vehicle with a blood alcohol content of .08% or after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely operating the vehicle.

The Superior Court has held that bicycles were vehicles for purposes of 75 Pa.C.S § 3731, which is the old DUI statute. Commonwealth v. Brown, 423 Pa. Super. 264, 620 A.2d 1213, 1215 (Pa. Super. Ct. 1993). Since the old and current DUI statutes contain substantially the same language, it is safe to assume that a bicycle is a vehicle for purposes of 75 Pa.C.S. § 3802 as well.

So the rumors are true, you can be convicted for driving under the influence while operating a bicycle. Be safe, just walk or take a cab.

If you've been charged with a DUI while riding your bike, then you should contact an attorney at PHILLY BIKE LAWYER. You can fill in a contact form here.

Disclosure: This blog post is meant to provide general information only. The information presented in this post should not be construed as formal legal advice nor forming a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.