Open Records Requests are a Powerful Tool in Road Defect Cases

With infrastructure lagging behind our City’s growing bicycle population, many accidents are caused by poor road conditions and defects. In such cases, the Commonwealth's “Right to Know Law” is a powerful tool for victims.

Under Pennsylvania's “Right to Know Law” (or “Open Records Law”), Act 3 of 2008, 65 P.S. §§ 67.101, et seq., members of the public have the right to inspect/copy, with certain limitations, City records upon request. This includes records from the Streets Department and Permits Office.

As stated in a previous post, the City can be sued for injuries caused by potholes or other defects in the street. 42 Pa.C.S.A. §§ 8542, 8255. 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 statute. See, e.g., Mason v. City of Allentown, 2013 Pa. Dist. & Cnty. Dec. LEXIS 443 (Pa. C.P. 2013).

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 open records are valuable.

Through a city-wide initiative, more people are calling in and reporting potholes and other defects. These complaints should be filed and recorded by the Streets Department. By making a records request, a victim can find out if the City had knowledge of the defect through a prior complaint.

It may also be worthwhile to request records from the Permits Office. These records may show that a business or other entity performed construction in the area prior to the date of accident. In other words, someone else may be liable for victim’s injuries.

While record requests are helpful, these are nevertheless difficult cases to prove. In addition, 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.

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.

For more information on Philadelphia’s Open Records Policy, click here.

For a copy of a standard Right to Know Request Form, click here.

Standard Form, for PDF visit https://www.dced.state.pa.us/public/oor/Form-UniformRequest.pdf.

Less than Four Months before Critically Injuring Bicyclist, Roberts Eluded Prosecution

According to court records (below), Rashan Roberts was facing prison time less than four months before critically injuring bicyclist, Rachel Hall.

Roberts was arrested on October 31, 2014 and subsequently charged with aggravated assault, theft by unlawful taking, receiving stolen property, simple assault and reckless endangerment.

Roberts' case was set for trial on January 9, 2015, but the District Attorney's Office withdrew their prosecution that same day. The docket was marked "Commonwealth is not ready, witness failed to appear."


On April 29, 2015, a few months later, Roberts struck Hall near her Temple campus. According to Philly.com, Hall has been transferred to rehab, but is still dependent on a breathing and feeding tube.

The District Attorney's Office has since charged Roberts with leaving the scene of an accident involving personal injury under 75 Pa.C.S. § 3742. The statute carries a minimum prison sentence of 90 days for serious bodily injury and three years if the victim dies. 

Multiple news outlets have reported that Roberts' attorney hopes to negotiate a guilty plea.

Hit-and-Run Drivers Create Nightmare Scenarios for Bicyclists

Hit-and-run accidents are on the rise in metropolitan areas.

According to Philly.com, police handled 14,028 hit-and-run accidents last year and 5,214 so far this year. Statistics from the National Highway Traffic and Safety Administration show an upward trend in fatal hit-and-run crashes too, from 1,274 in 2009 to 1,393 in 2010 to 1,449 in 2011.

According to Peter Kissinger, CEO of AAA Traffic Safety Foundation, “[a]bout 60 percent of the people killed in hit and run crashes are pedestrians, ” adding that “1 in 5 pedestrian fatalities involve hit and run drivers.” Since most traffic accident reports identify bicyclists as pedestrians, it's fair to assume that bicyclists too are disproportionately affected by hit-and-run drivers.

Why are drivers more likely to flee after hitting a bicyclist? There aren't any studies on this topic, but I've heard many excuses as a lawyer.

"I didn't know I hit someone." This answer generally comes from the driver who cuts off a biker or makes a right turn into the biker's path. In each situation, the driver fails to check his blind-spots. These drivers will often admit "I heard a bang" or "I felt a bump," but "I didn't think to stop." Nevertheless, every driver must act reasonably in accessing their surroundings and identifying other vehicles. If the driver had no idea a biker was near him, then that driver was likely not exercising adequate caution.

PHILADELPHIA POLICE

Some hit-and-run drivers flee because they have something to hide. These are the intoxicated drivers, the unlicensed drivers, and the uninsured drivers. They know that, no matter who was at-fault for the accident, they are facing criminal charges.

I was involved in one case where the driver fled thinking that if she could sleep off her intoxication, she would be able to avoid DUI charges if she was caught. Luckily, the police quickly found her vehicle and we had evidence placing her at a nearby bar hours before the accident. In the end, the bar paid a majority of the settlement for serving an intoxicated patron.

In a recent example, Robert Roberts (right) was driving alone with a learner's permit when he struck and seriously injured a Temple Student riding her bicycle. After turning himself, he told police that he fled because he was unlicensed.

Not only are bicyclists more susceptible to hit-and-runs, the issues caused by such accidents are compounded for bikers.

CHAOTIC MOON - A "Black Box" for Bicyclists

When a biker is hit by a car, they inevitably end up on the pavement. It's a lot harder to get any identifying information from this point-of-view. Without such information, bikers rely solely on witnesses or local surveillance cameras. As I lawyer, I can tell you that witnesses disappear and third-party surveillance video is very hard to obtain without a search warrant or subpoena. In light of this disadvantage, some bikers are placing cameras on their helmets or bicycles.

Then there's the biggest issue for bicyclists- lack of insurance. With the ACA, or "Obamacare," most bicyclists should have health insurance to cover medical expenses. But what about your pain and suffering or inability to work (most people don't carry disability insurance)?

Uninsured motorist coverage, or "UM," is the type of insurance meant to protect against hit-and-run drivers. This kind of insurance allows the bicyclist (so long as your accident involved a motor vehicle) to collect from his or her own policy when the defendant is unavailable to sue. For bicyclists, however, the issue is that UM benefits are sold along with auto insurance. Most city-cyclers don't own a motor vehicle nor live with a relative who does (under Pennsylvania's resident-relative rule, a cyclist may qualify for benefits under a relative's auto policy if they lived in the same household at the time of the accident).

Here's the nightmare scenario... You were hit by a car and the driver fled off. You don't own a car because you live in the City, so you don't have auto insurance. You may or may not have health insurance, but either way that's not covering your lost wages or suffering.

There's one final stopgap in the form of public insurance. The Pennsylvania Assigned Claims Plan provides up to $15,000 under such circumstances, including $5,000 in medical benefits and up to $10,000 in damages. While this is better than nothing, $10,000 is likely insufficient compensation for a serious injury or inability to work. Likewise, you must satisfy a set of criteria to qualify for Plan benefits.

The best way to avoid this nightmare scenario is by hiring a lawyer right after the accident. A competent lawyer will search out all available insurance, work with the police to find the driver, and identify third-parties who might be liable, such as a bar or the owner of the vehicle.

Contact Philly Bike Lawyer for more information.

Insurance Companies Make Millions in Interest by Delaying Claims

This shouldn't come as a surprise- insurance companies are purposefully delaying payment of your claims. The reason for their delay is obvious, but it's something I find myself often explaining to clients. While my clients are disappointed by my explanation, they're certainly understanding.

This website shows how much each large insurance company
 earns by delaying claims: http://whyinsurancewontpay.com/

Everyday an insurance company waits to pay your claim, they earn interest on the sum of money they will eventually have to payout. If they delay across a million claims, the amount of interest they earn is HUGE. For example, Allstate - one of the worst offenders - earns 13 million dollars everyday it can go without paying claims. In just ten days, Allstate will earn over 135 million dollars by delaying.


Insurance companies are like banks. You deposit your money into them in return for a payout in the event you suffer a loss, but your money doesn't just sit in a vault until that rainy day comes. The insurance company takes the money and invests it, often into bonds. Those bonds and investments earn the company interest and profits. It makes sense then that they will want to earn as much profit on your deposit before paying it out.

My former professor, Jay Feinman, is an expert in this field. His book, Delay Deny Defend, breaks down the inner workings of an insurance company and explains how policyholders are affected by potential abuses. You can learn more about Professor Feinman and his book at http://www.delaydenydefend.com/.

Many Bicycle Accidents are Caused by Defective Products or Faulty Repairs

When you ask a bicyclist what his or her biggest fear is, they’ll usually answer “getting hit by a car.” Almost none will answer “my bike” or “my helmet.” The fact is, many bicycle accidents are solo crashes caused by defective products or faulty repairs. A minor accident may turn life-threatening because of a poorly designed helmet.

With many bikers opting for highly specialized bicycles and gear, such solo crashes are on the rise.

When a defective bicycle or cycling product causes a personal injury, generally all individuals and entities in the chain of distribution can be held strictly liable, including the manufacturer, distributor, wholesaler or retailer. 

Strict liability applies to manufacturing defects (injuries caused by assembly-line issues), design defects (injuries caused by improperly designed products) and failure to warn (injuries caused by a lack of warning or improper instructions).

Persons who substantially change the product, such as repair shop, can also be held liable under general theories of negligence.

One weak link can ruin a life.

The most common defective bicycle products are: tires, spokes, chains, brakes and helmets. Often times these parts are incorrectly assembled or made unsafe by negligent mechanics.

If your accident was caused by a defective product or faulty repairs, you’ll want to follow the steps listed here: http://www.phillybikelawyer.com/tips-for-bike-accident.php.

You also need to PRESERVE THE EVIDENCE. Do not discard any parts or gear involved in the accident. Do not have any parts or gear repaired. Do not tamper with any parts or gear. 

The defendant has a right to inspect all of the evidence as it existed at the time of the accident.

If your injuries or losses were caused by a defective bicycle product or faulty repair work, call PHILLY BIKE LAWYER at (267) 423-4464.

This Inventive Company Offers "Bicycle Insurance"

Velosurance, a new company based out of Florida, is selling "bicycle insurance." This new insurance purports to provide many of the same benefits as auto insurance, such as property damage, coverage for medical bills (PIP) and coverage for accidents caused by uninsured drivers (UM). Seems like an excellent option for bikers who aren't covered under an auto insurance policy.

You can get more information here: https://velosurance.com/

Screenshot from their website.

New Temporary Bike Rules for PATCO

Hey PATCO riders! Check out these temporary bike rules..

Sources of Insurance/Coverage for Bicycle Accident Victims

I see it far too often. A bicyclist is hit by a car and rushed to the hospital. After x-rays, and maybe even surgery, the hospital issues a bill for thousands of dollars. The bicyclist, not having his or her own insurance, files a claim against the driver's car insurance. Then the bad news comes- the driver's insurance lapsed and there's no coverage. Now what?

There's something inherently wrong with the notion that an accident victim will incur medical bills, and perhaps be forced into bankruptcy, because of someone else's negligence. These sorts of scenarios are commonplace with bicycle accidents because there's seemingly only one source of coverage- the driver's car insurance. That's why the best bicycle accident attorneys are skilled at finding insurance.

If you are the victim of a bicycle accident, and there's no insurance, then give Philly Bike Lawyer a call.

Here's a non-exclusive list of where you might find coverage:

1. Your own car insurance. If you own a car, and it's insured, you are eligible to collect from your policy if you were struck by a motor vehicle while riding your bike. If you have uninsured motorist coverage, then you'll have coverage in the event your injured by an uninsured driver. You should also check if your parents or loved ones have you as a "name insured" on their auto policies.
   
2. A relative's car insurance. If you were living with a relative at the time of the accident, and that relative has car insurance, then you are eligible to collect from the relative's car insurance under Pennsylvania's "resident-relative rule."
   
3. The driver's car insurance. This should be obvious. If you do not have your own car insurance, but were struck by a motor vehicle, you should be able to collect from the driver's car insurance. You may also qualify for medical benefits even if you caused the accident under Pennsylvania's No-Fault law.
   
4. A municipality. If your injuries were caused by a pothole or a defective road design, you may have a claim against the municipality.
   
5. A bar, restaurant or liquor store. Injured by a drunk driver? Then you may have a claim against the bar, restaurant or liquor store that excessively served the driver under Pennsylvania's Dram Shop Act.
   
6. Your health insurance. Your health insurance should pick up any bills not paid by car insurance.
   
7. The Commonwealth of Pennsylvania. 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.
   
8. Injured by another bicyclist? You may be eligible to file a claim against the other bicyclist's homeowner's insurance policy.
   
9. The leasing or rental company who owns the uninsured car. This is a tricky area of law, but every car is required to have the minimum coverage in Pennsylvania. Arguably, if a leasing or rental company provides a car to an uninsured driver, that may qualify as "negligent entrustment." As a result, the leasing or rental company may be on the hook for the driver's negligence.
   
10. The owner of the car. People lend cars to friends and family. Sometimes the driver is uninsured, but is driving a car owned by someone who does have insurance. The owner's auto policy is obligated to provide coverage.

Every accident and case is different, and insurance coverage is complex. You should contact an attorney at Philly Bike Lawyer if you have any legal questions.

Bicycle Accident Results in NJ's Largest Settlement of 2014

According to the New Jersey Law Journal, the largest personal injury settlement in 2014 was $20.5 million. The payout was the result of a bicycle accident that left a boy unable to use both of his legs and an arm. The boy, who was five at the time, was struck by his great-uncle's truck as it was backing out of a driveway.

You can find the original article HERE.

If you or a loved one was injured in a bicycle accident, contact an attorney at Philly Bike Lawyer.

Woman Sues City of Chicago for "Unsafe and Dangerous" Bike Path that Left her Paralyzed

A teacher has alleged that an "unsafe and dangerous" bike path left her paralyzed. In her lawsuit against the City of Chicago, the teacher claims that the City was negligent in warning her of a an abrupt drop. The lawsuit alleges that the bicycle crash caused her to suffer three fractured vertebrae, fractured shoulder blades, and a punctured spine.

Read more here: http://www.chicagotribune.com/news/local/breaking/chi-woman-sues-over-accident-on-bike-path-that-left-her-paralyzed-20141230-story.html

If you are the victim of a bicycle accident or crash, contact Philly Bike Lawyer for a free consultation at (267) 423-4464.

(Armando L. Sanchez, Chicago Tribune)

Lance Armstrong Details Doping Program in Interrogatory Answers

In 2013, the United States filed a False Claims Act lawsuit against Lance Armstrong- United States ex rel. Landis v. Tailwind Sports Corp., et al., No. 10-cv-00976 (RLW) (D.D.C.). The original whistleblower lawsuit was brought by Armstrong's former teammate, Flyod Landis. Both lawsuits allege that Armstrong and the USPS team defrauded the government in collecting sponsorship money.

According to the complaint, "Riders on the USPS-sponsored team, including Armstrong, knowingly caused material violations of the sponsorship agreements by regularly and systematically employing banned substances and methods to enhance their performance."

Last April, the government quietly released Armstrong's interrogatory answers from a prior case. In his answers, Armstrong admits to cheating in dozens of races throughout his career. Armstrong also names several teammates and managers that participated in the doping program.

This past June the government defeated a motion to dismiss the case.

You can read Armstrong's answers below:

Lance Armstrong Interrogatory Answers.pdf

Will Philly’s Next Mayor Think of Pedestrians and Bicyclists?

Check out this interesting article by Jake Blumgart of Next City:

http://nextcity.org/daily/entry/bike-friendly-philadelphia-new-mayor-2015

Screenshot of nextcity.org

If you have a question about bicycle and accident law, contact Philly Bike Lawyer today!

Councilwoman pushes for 'yes' on sustainability...

Councilwoman Blondell Reynolds Brown

Philadelphians looking to improve sustainability efforts and bicycle infrastructure should vote "Yes" on ballot question number one on election day. 

Read more about Ballot Question Number One here: http://www.phillytrib.com/news/article_905d1b11-6814-507b-a5fb-e9e4ac7e1648.html

Read more about Councilwoman Brown here: http://phlcouncil.com/council-members/councilwoman-blondell-reynolds-brown/

Inspirational Profile of Rebecca Levenberg

Inspirational profile of Rebecca Levenberg, an Old City resident who lost her leg in a bicycle accident. 

You can find the article here: 

http://www.phillymag.com/be-well-philly/2014/10/24/get-inspired-rebecca-levenberg-theres-nothing-cant/

"Vantage Point: Cycling Plans"

Check out this land surveyor's article on bicycle lanes and how bike accidents can be avoided- interesting insight into the technicalities of bicycle lanes and commuter trails. 

http://www.amerisurv.com/content/view/13164/

Two Top NJ Power Players involved in Bike Accidents

This past Thursday Lee Solomon was sworn into the New Jersey Supreme Court. Solomon fractured his skull in a 2009 bike accident. He was sworn in by acting governor, Kim Guadango, who fractured her elbow and wrist last week in a bike accident. Guadango was forced to stop her bicycle short in order to avoid a reckless driver.

Read more here.

If you were involved in a bike accident, call PhillyBikeLawyer for a free consultation.

Lt. Gov. Kim Guadagno (left) looks at Lee Solomon during his ceremonial swearing-in as an associate justice on the state Supreme Court today at the Scottish Rite Theater in Collingswood. (Aristide Economopoulos | NJ Advance Media for NJ.com)

Despite Increase in Bike Accidents, Shore Remains Relatively Safe

Although the number of bike accidents has increased from 2012 through 2014, the Shore remains a relatively safe place for bicyclists. Check out this ARTICLE by Cindy Nevitt of the Atlantic City Press.

If you've been injured in a bike accident, whether in Pennsylvania or New Jersey, call PHILLY BIKE LAWYER for a free consultation.

What to Expect from the Accident Claim or Lawsuit Process

Do you want to pursue an insurance claim or lawsuit because of a bike accident, then check out this HANDY OUTLINE.

PhillyBikeLawyer describes what you can expect after filing an insurance claim or lawsuit.

What to do after a bike accident

Check out this HANDY LIST on what to do after a bike accident. 

Go to PhillyBikeLawyer.com for more info.

A "Maintenance Free" Bike?

Priority claims they've made a "maintenance-free" bicycle. Read more here.

From: https://www.kickstarter.com/projects/dweiner/maintenance-free-bicycles-that-make-cycling-easy

Nationwide spent more than 3 million dollars to defend a $25,000 claim and now has to pay 18 million dollars in punitive damages. The claimant died seven weeks before the ruling.  Read More Here

Sherri Berg was driving a Jeep Grand Cherokee on Sept. 4, 1996 when her SUV was hit by another car. The accident spawned a legal fight with her insurer, Nationwide, that is still underway after 16 years. Photo is hand out from law office. CREDIT PHILLY.COM
Read more at http://www.philly.com/philly/news/20140713_SMALL_CRASH__HUGE_FIGHT.html#d3IS5i4RR1HmQMYd.99

Abhorrent woman hits cyclist while texting and complains about damage to her car. Read more here.

“I just don’t care because I’ve already been through a lot of bullshit and my car is like pretty expensive and now I have to fix it,” she told a police officer.

Philadelphia Bicyclists: Analyzing Health Benefits versus the Risk of Accident

Check out this interesting article from philly.com analyzing the health benefits and the risk of accident faced by city bicyclists. If you were in an accident, call PHILLY BIKE LAWYER at (267) 423-4464 for a free consultation.

A cyclist, left, rides in designated bicycle lane in Philadelphia, Monday, May 24, 2010. More bikes returning to the road will bring with them the latest test of whether two-wheeled and four-wheeled commuters can peacefully coexist on the compact downtown streetscape first imagined in 1683 by William Penn. (AP Photo/Matt Rourke).

Read more at http://www.philly.com/philly/health/sportsmedicine/City_cycling_Health_versus_hazard.html#VzOQCQ4MtDRZeBvQ.99

Philadelphia Crash Data

A tip of the hat to everyone at the Bicycle Coalition of Greater Philadelphia, especially Tyler Dahlberg, for putting together this data and report. Check out their article here.

Credit to the Bicycle Coalition of Greater Philadelphia.
Visit: http://www.azavea.com/blogs/atlas/2014/04/analyzing-philadelphia-crash-data/

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.

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.

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.

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.

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.

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.