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Friday, January 29, 2016

If You Plan On Biking Next Week, Expect Potholes

Temperatures are supposed to reach the 60’s next week.  After our recent snow storm, many will welcome the mild weather as an opportunity to go biking.  With warming temperatures, however, potholes abound.

Rapid freezing and thawing is one of the primary causes of potholes.  To make matters worse, this process is accelerated by rain and snow melt-off.  Water also masks a pothole’s depth.
While the weather is alluring, this is a dangerous time for cycling.  The City is struggling with managing snow piles, which means less resources will be allocated to filling potholes.  If you do notice a pothole, you should report it using Philly311.

If you are involved in a bicycle crash caused by a pothole, there are some things you should know.  The City can be sued for injuries caused by potholes under 42 Pa.C.S. §§ 8542, 8255. However, the injured party has to provide written notice of the accident to the City within a certain number of days of the occurrence in order to preserve his/her right to file a lawsuit.

Often times, the most difficult part of these cases is proving that the City had constructive or actual notice of the defect, as required by the statute.  Generally, constructive notice is proven by demonstrating that the defect existed for such a period of time that it could have been discovered and corrected through the exercise of reasonable care. Whereas, actual notice is proven by demonstrating that the City was aware of the defect prior to the accident. This is why it is important to report potholes.

If you were injured in a pothole crash, contact Philly BikeLawyer for a free consultation at (267) 423-4464.

1 comment:

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