In bicycle accident cases, the plaintiff has to prove that the defendant acted negligently (without due care under the circumstances). This burden of proof is very fact-intensive and often boils down to the credibility of the parties or witnesses. One way to lessen this burden is for the plaintiff to argue that the defendant was negligent per se because he/she violated a pertinent traffic rule.
If you are not familiar with the doctrine of negligence per se, consider the following instruction a judge may give to the jury:
The law provides: [quote relevant statutory provision].
[Name of plaintiff] claims that [name of defendant] violated this law. If you find that [name of defendant] violated this law, you must find that [name of defendant] was negligent.
If you find that [name of defendant] did not violate this law, then you must still decide whether [name of defendant] was negligent because [he] [she] failed to act as a reasonably careful person would under the circumstances established by the evidence in this case.
This is Pennsylvania Standard Civil Jury Instruction 13.100 (© 2013 The Pennsylvania Bar Institute).
Let's repeat the instruction in the context of a bicyclist getting "doored"...
The law provides: No person shall open any door on a motor vehicle unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on a side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. 75 Pa.C.S. 3705.
Jane Doe claims that John Doe violated this law. If you find that John Doe violated this law, you must find that John Doe was negligent.
If you find that John Doe did not violate this law, then you must still decide whether John Doe was negligent because he failed to act as a reasonably careful person would under the circumstances established by the evidence in this case.
If the jury agrees that John Doe violated Pennsylvania's "Opening and Closing Vehicle Doors" Statute, 75 Pa.C.S. 3705, then John Doe is negligent per se. That means the plaintiff has met her burden of proof, with respect to negligence, by merely demonstrating that a traffic violation occurred.
The experienced bicycle accident lawyers at PHILLY BIKE LAWYER know how to employ this powerful doctrine.
Below are traffic statutes that are often implicated in bicycle accident cases, along with diagrams demonstrating how the violation occurs...
1. GETTING "DOORED"
75 Pa.C.S. § 3705.
Opening and closing vehicle doors.
No person shall open any door on a motor vehicle unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on a side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
2. THE "RIGHT HOOK"
75 Pa.C.S. § 3331(e).
Required position and method of turning.
Interference with pedalcycles.
No turn by a driver of a motor vehicle shall interfere with a pedalcycle proceeding straight while operating in accordance with Chapter 35 (relating to special vehicles and pedestrians).
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| Photo Credit: Steven Vance |
3. THE "FOUR FOOT RULE"
75 Pa.C.S. § 3303(a)(3).
Overtaking vehicle on the left.
The driver of a motor vehicle overtaking a pedalcycle proceeding in the same direction shall pass to the left of the pedalcycle within not less than four feet at a careful and prudent reduced speed.
4. THE "LEFT CROSS"
75 Pa.C.S. § 3322.
Vehicle turning left.
The driver of a vehicle intending to turn left within an intersection or into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute a hazard.
5. BLOCKING THE BIKE LANE WHILE MERGING
75 Pa.C.S. § 3324.
Vehicle entering or crossing roadway.
The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed.
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| Photo Credit: Steven Vance |
Every case is different! The best thing to do is to speak with an attorney about your bicycle accident case. For more information, contact PHILLY BIKE LAWYER at 267-423-4464.
