Philly Bike Lawyer

Tuesday, February 25, 2014

Pennsylvania Bicyclists are Not Bound by their Tort Election

When a person purchases auto insurance in Pennsylvania, they are required to elect either “limited tort” or “full tort” benefits. Those who elect full tort can recover unreimbursed economic (lost wages, unpaid medical bills, etc.) and noneconomic (pain and suffering) loss arising out of an automobile accident. 75 Pa.C.S.A. § 1705(c). Those who elect limited tort can only recover economic loss arising out of an automobile accident, unless the person falls within one of the exceptions. 75 Pa.C.S.A. § 1705(d).

Persons involved in automobile accidents who have made a limited tort election face considerable hurdles throughout litigation. Nevertheless, most Pennsylvanians elect limited tort because full tort coverage is substantially more expensive. If you are unsure which election you made, chances are you have limited tort. Naturally, this discussion is irrelevant to bicyclists who do not have, or are not covered by, an auto insurance policy.

Luckily, bicyclists involved in automobile accidents are permitted to recover both economic and noneconomic damages irrespective of their tort election. Moreover, it is immaterial whether the bicyclist elected limited or full tort on his/her auto insurance policy. So long as you were a pedestrian or operating a bicycle at the time of the accident, you are entitled to compensation for pain and suffering, unpaid medical bills, lost wages and other economic loss.

Since 75 Pa.C.S.A. § 1705 discusses only drivers and passengers of motor vehicles, and is silent on pedestrians, it cannot be construed as limiting the rights of pedestrians. See, e.g. L.S. v. David Eschbach, Jr., Inc., 874 A.2d 1150 (2005) (finding that it would be unfair to restrict a pedestrian's right to recovery when Section 1705 is silent with respect to pedestrians). Section 1705 is also silent with respect to bicyclists and, therefore, cannot be construed as limiting the rights of bicyclists.

Trial courts have also cited the Pennsylvania Supreme Court case referenced above in reaching the same conclusion.

If an insurance company or defendant is attempting to limit your compensation for an accident, you should contact PHILLY BIKE LAWYER.

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.

Saturday, February 15, 2014

Three Important Questions for Bike Messengers Involved in Accidents

If you are a bike messenger (also known as a bike or cycle courier) involved in an accident, then you may not be getting all the money you deserve.

When determining how an injured messenger will be compensated, there are three important questions an attorney should ask: (1) did the injury arise in the course of employment; (2) is the injury related to that employment; and (3) who caused the injury?

Questions (1) and (2) - Workers Compensation Benefits

If the first two questions can be answered in the positive, then the messenger is entitled to workers' compensation benefits under Pennslyvania’s Workers’ Compensation Act (77 P. S. §§ 1—1603). See also Krawchuk v. Phila. Elec. Co., 439 A.2d 627 (1981). A large factor in determining the answer to questions (1) and (2) is the accident location. Generally, these two questions can be answered in the positive if the messenger was injured at the workplace, on the way to a delivery, during the course of a delivery, or on the way back to the workplace from a delivery.

Workers' compensation benefits include:

1. Payment for lost wages;

2. Death benefits for surviving dependents;

3. Specific loss benefits (awards for the permanent loss of all or part of your thumb, finger, hand, arm, leg, foot, toe, sight, hearing or a serious and permanent disfigurement on your head, face or neck);

4. Medical care;

5. Total disability benefits; and

6. Partial disability benefits.

There are strict procedural requirements that must be met before a messenger/employee can recover these types of benefits. For example, employees most promptly report their injury to their employer or supervisor. If you think you are entitled to workers compensation benefits, then you should consult with an attorney at PHILLY BIKE LAWYER. You can also review this brochure from the Pennsylvania Department of Labor & Industry.

Question (3) - Damages ($$$)

A bike messenger involved in an accident may also be entitled to damages, such as compensation for pain and suffering. The key issue here is determining who caused the messenger’s injuries. Here are some possible answers and results:

1. The employer or a coworker caused the injury. In this case, the messenger is generally limited to the above-mentioned workers compensation benefits.

a. However, a messenger may be entitled to damages from the employee and/or coworker under the following circumstances:

i. If the injury-producing conduct was intentional;

ii. If the injury was caused by an employer or coworker’s violation of the law including, but not limited to, the illegal use of drugs;

iii. If the injury was caused by an intoxicated employer or coworker;

iv. If the injury occurred outside the course of employment; and

v. If the injury is unrelated to employment.

2. The messenger’s own actions caused the injury. If the injury is self-inflicted, then the messenger cannot recover workers compensation benefits or damages.

3. A third-party caused the injury. If the injury was the result of a third-party’s negligence, then the messenger is likely entitled to damages from that third-party.

a. Here are some typical examples:

i. The messenger was hit by a negligent driver;

ii. The messenger was injured by a defect in the roadway;

iii. The messenger was injured by a defective bicycle or other product;

iv. The messenger was injured by the negligent actions of a pedestrian;

v. The messenger was injured by the negligent actions of another bicyclist;

If you believe you are entitled to damages from a third-party then you should consult with an attorney at PHILLY BIKE LAWYER.

Thursday, February 13, 2014

Get a CLUE... Insurance Companies are Collecting Your Personal Information

www.phillybikelawyer.com
(267) 423-4464

Many people are unaware that insurance companies collect and share information on a little-known database called the Comprehensive Loss Underwriting Exchange (“CLUE”). Claims you file, whether against your own or another’s insurance policy, and other personal information may appear in CLUE. Just like credit reports, the Fair Credit Report Act (“FCRA”) entitles you to one free copy of your CLUE report per year and you may dispute inaccurate or incomplete information contained therein. The FRCA also requires an insurer to notify you if it intends to increase your premiums or take other “adverse action” based on information in your CLUE report.

You should consult with an attorney at PHILLY BIKE LAWYER to see how a prior lawsuit or insurance claim may affect your case.