Pittsburgh Bike Lawyer

Monday, September 9, 2019

Don't get hit by a Left Cross!

The Left Cross

One of the most common types of accidents involving cyclists is the "left cross." The left cross occurs when a left-turning vehicle fails to yield to the oncoming cyclist in the opposite lane. Under these conditions, the motorist either strikes the cyclist on the left side or the cyclist collides with the turning vehicle’s front passenger side fender.

Some drivers may claim that they never saw the cyclist or that she “just came out of nowhere.” But many times the driver just isn't paying attention or has failed to consider that a cyclist might be coming the opposite direction. In either case, the cyclist is the one who ends up on the pavement.

One way to avoid the left cross is to never assume that an oncoming left-turning vehicle sees you. Unless the motorist specifically waves you forward, you can assume he or she does NOT see you, even if you've made eye contact.

In this video, you can see what happens when a cyclist lawfully riding in the bike lane approaches an intersection and encounters a left-turning vehicle. Here, the cyclist had the right-of-way and the motorist was supposed to yield to cyclists.

We represented the cyclist in this video. You can see from the photo below that drivers approaching the intersection are supposed to yield to oncoming cyclists. The driver in this case did not. And liability was clear. Thankfully, the cyclist had a prompt recovery from his injuries. But it could have been a lot worse.

There is no way to avoid every dangerous situation. But if you are aware of the most common types of collisions between cyclists and cars, many accidents can be avoided. To see the most common types of crashes and how to avoid them, click here.

If you are injured while riding a bicycle as the result of a left cross or any other negligent driver action, you may be entitled to a recovery of medical expenses, wage loss, property damage, and pain, suffering, and inconvenience. Please contact me for a free initial consultation to discuss your case and explore your rights at (412) 227-9724.

Please be safe out there. And, thanks for reading.

Matthew F. Dolfi, Esquire

Dolfi Law PC
1100 Washington Avenue, Suite 206

Carnegie, Pennsylvania 15106
412-227-9724

mdolfi@dolfilawpc.com

Website:
www.dolfilawpc.com

Facebook page:

https://www.facebook.com/PghBikeLawyer

Important notice:

The information provided in this blog article is not legal advice. The information and opinions provided herein are solely for the general interest of the visitors to this website. The information contained herein is only applicable to general principles of law in Pennsylvania and may not reflect current legal developments or statutory changes in various other jurisdictions. Therefore, the information and opinions contained in this blog should not be relied upon or interpreted as legal advice. No aspect of this blog article should be interpreted as establishing an attorney-client relationship between the reader and its author. Anyone reviewing this article should not act upon any information contained herein without first seeking the advice of legal counsel.

Search terms: Bicycle accident cases and lawsuits, Bicycle collisions, Bicycle safety, Bike accident lawsuits, Bike accidents, Bike collisions, Risks for bicycle riders, accident attorney, accident lawyer, bicycle, bicycle accident laws, bicycle accident, bicycle accident attorney, bicycle risks, bicycle safety, bike accident, cycling, defective road conditions, dangerous roads, dangerous streets, Pittsburgh, Pennsylvania, Matthew F. Dolfi, Matt Dolfi, Pittsburgh Bike Lawyer, Pittsburgh Bike Accident, lawyer-cyclist, The Lawyer Cyclist, dolfilaw, Dolfi Law PC

Monday, June 24, 2019

Head injuries from bike crashes

Thanks for watching!

Matthew F. Dolfi, Esquire
Dolfi Law PC
1100 Washington Avenue, Suite 206
Carnegie, Pennsylvania 15106
412-227-9724

Website:
www.dolfilawpc.com

Facebook:
https://www.facebook.com/PghBikeLawyer

Instagram:
https://www.instagram.com/pghbikelaw

Important notice:
The information provided in this blog article is not legal advice. The information and opinions provided herein are solely for the general interest of the visitors to this website. The information contained herein is only applicable to general principles of law in Pennsylvania and may not reflect current legal developments or statutory changes in various other jurisdictions. Therefore, the information and opinions contained in this blog should not be relied upon or interpreted as legal advice. No aspect of this blog article should be interpreted as establishing an attorney-client relationship between the reader and its author. Anyone reviewing this article should not act upon any information contained herein without first seeking the advice of legal counsel

Sunday, May 20, 2018

Tips for riding safely on the roads

Be safe out there and thanks for watching!

Thursday, January 11, 2018

Thinking about buying an E-Bike? Great. But will you need insurance?

E-Bikes are quite popular these days. Some might say, they're all the rage. They're all over the local bikes shops and I even saw one in a Best Buy. The appeal is undeniable, particularly in Pittsburgh, where a steep climb is just a river away.

It would be great to have a little electric-powered assist to help on those climbs or river-crossings. And, unlike the pros, you don't even have to hide your electric motor! But, if you've decided to put a little kick in your ride, by going with a spiffy new E-bike, are you going to be required to register and purchase motorcycle insurance?

After all, that thing has an engine in it and is no longer just a "human-powered" vehicle. Has the E-biked crossed over into the realm of being a "motor vehicle?" This article will try to address some of those questions.

In 2014, the Pennsylvania legislature passed a law, known as Act 154, permitting "pedacycles with electric assist" to be operated upon Pennsylvania roadways. These "E-bikes" are defined under the motor vehicle code as pedacycles so long as they:

do not weigh more than 100 pounds;
have two or three wheels more than 11 inches in diameter;
have a motor rated at no more than 750 watts;
are equipped with operable pedals;
and cannot go over 20 mph on a level surface when powered by the motor, only.

Got all that? Good. If not, just take this list with you next time you go bike shopping.

If your new e-bike qualifies as a pedacycle, then the "Rules of the Road" apply and you can ride as you would any normal human-powered bicycle. In other words, all the old rules apply. But note that you must be 16 years old to operate an E-bike in Pennsylvania. See here.

But do you need insurance? For now, the answer appears to be no. See here. Vehicle insurance is only required for those vehicles that must be registered. And, for now (at least), E-bikes do not appear to require registration. I say that they don't appear to require registration because the law requires certain types of vehicles to be registered (thereby triggering the need for insurance) and the law exempts certain types of vehicles from being registered. See here.

The law does not specifically require E-bikes (i.e., pedacycles with electric assist) to be registered in PA. But the law does not specifically exempt E-bikes from registration, either. For example, "any vehicle moved solely by human or animal power" does not require registration. But, a motorcycle does need to be registered. Its odd that the legislature would specifically exempt solely human-powered vehicles from registration but not "pedacycles with electric assist."

I think the absence of E-bikes from the list of exemptions was intentional. By leaving E-bikes off the list, for now, our lawmakers can wait-and-see how things play out. If they want to add E-bikes to the list later, they can. But, once they're on the list, it is more difficult to take them off.

So, for now, it appears that you do not need insurance for your E-bike. But you may want to get it, anyway. A few companies have started writing insurance policies for bicycles and E-bikes because, under many circumstances, your homeowners or auto insurance policy will not cover certain types of damages. Click here to see some types of insurance available to cyclists, along with a helpful video. A discussion of the circumstances where your homeowners or auto insurance will or will not apply is beyond the scope of this article.

Be safe out there and thanks for watching!

Matthew F. Dolfi, Esquire

Dolfi Law PC

1100 Washington Avenue
Suite 206
Carnegie, Pennsylvania 15106

412-227-9724

Website:

www.dolfilawpc.com

Facebook page:

https://www.facebook.com/PghBikeLawyer

Instagram:
https://www.instagram.com/pghbikelaw

Important notice:
The information provided in this blog article is not legal advice. The information and opinions provided herein are solely for the general interest of the visitors to this website. The information contained herein is only applicable to general principles of law in Pennsylvania and may not reflect current legal developments or statutory changes in various other jurisdictions. Therefore, the information and opinions contained in this blog should not be relied upon or interpreted as legal advice. No aspect of this blog article should be interpreted as establishing an attorney-client relationship between the reader and its author. Anyone reviewing this article should not act upon any information contained herein without first seeking the advice of legal counsel.

Search terms: Bicycle accident cases and lawsuits, E-Bikes, Electric Assist Bikes, Bicycle collisions, Bicycle safety, Bike accident lawsuits, Bike accidents, Bike collisions, Risks for bicycle riders, accident attorney, accident lawyer, bicycle, bicycle accident laws, bicycle accident, bicycle accident attorney, bicycle risks, bicycle safety, bike accident, cycling, defective road conditions, dangerous roads, dangerous streets, Pittsburgh, Pennsylvania, Matthew F. Dolfi, Matt Dolfi, Pittsburgh Bike Lawyer, Pittsburgh Bike Accident, lawyer-cyclist, The Lawyer Cyclist, dolfilaw, Dolfi Law PC

Thursday, March 16, 2017

How to Lock Your Bike

I have previously blogged about the proper method to lock your bike. To review that article, click here. If you're more of a visual person, please check out my youtube video showing how I lock my bike when I commute to work.

Be safe out there and thanks for watching!

Matthew F. Dolfi, Esquire
Dolfi Law PC
1100 Washington Avenue, Suite 206
Carnegie, Pennsylvania 15106
412-227-9724

Website:
www.dolfilawpc.com

Facebook page:
https://www.facebook.com/PghBikeLawyer

Instagram:

https://www.instagram.com/pghbikelaw

Monday, January 16, 2017

Is Riding Under the Influence Against the Law?

In Pennsylvania, riding a bicycle while intoxicated is treated nearly the same as driving while intoxicated. So you can be pulled over on your bike and cited for riding while intoxicated. You might even be charged with public intox, disorderly conduct, and a host of fines.

The Motor Vehicle Code states that if you're riding a bicycle (with no engine) upon the roadway, you are considered to be operating a "pedacycle," and a pedacycle is a "vehicle." But note that a bicycle is NOT a MOTOR vehicle. The distinction between a “vehicle” and “motor vehicle” is important because the operator of a pedacycle is subject to prosecution for “driving under the influence” of alcohol or other controlled substances. However, because a pedacycle is not a “motor vehicle,” the implied consent law (under which motor vehicle operators are deemed to have given consent to one or more chemical tests of breath, blood, or urine for the purpose of determining the alcoholic content of blood) is not applicable to cyclists. Also, evidence of the consumption of alcohol by a cyclist is inadmissible at trial as unfairly prejudicial, unless the evidence reasonably establishes intoxication. Evidence of intoxication for a cyclist includes, but is not limited to, objective criteria such as staggering, stumbling, slurred speech, or erratic operation of the bike.

If you're going to have a few drinks, its probably best to leave the bike chained up and call an Uber.

But keep in mind that a horse is not a vehicle! In the case of Noel v. Travis, Justice Eakin took some liberty with his dissenting opinion, arguing that the appellant should have been found guilty for riding a horse while intoxicated. He explained:

A horse is a horse, of course, of course,

And no one can talk to a horse of course

That is, of course, unless the horse is the famous Mr. Ed.

Go right to the source and ask the horse

He’ll give you the answer that you’ll endorse.

He’s always on a steady course. Talk to Mr. Ed.

A horse is a horse, of course, of course,

but the Vehicle Code does not divorce

its application from, perforce,

a steed, as my colleagues said.

“It’s not vague” I’ll say until I’m hoarse,

and whether a car, a truck or horse

this law applies with equal force,

and I’d reverse instead.

Because I cannot agree this statute is vague or ambiguous, I respectfully dissent.

Noel v. Travis, 857 A.2d 1283, 1289 (Pa. 2004).

Be safe out there and thanks for reading.

Matthew F. Dolfi, Esquire

Dolfi Law PC

1100 Washington Avenue, Suite 206

Carnegie, Pennsylvania 15106

412-227-9724

Website:
www.dolfilawpc.com

Facebook page:
https://www.facebook.com/PghBikeLawyer

Instagram:

https://www.instagram.com/pghbikelaw

Wednesday, August 24, 2016

Illinois Lawmakers Recognize What Pennsylvanians Already Knew - Bicycles are Vehicles!

If you're riding a bike in Illinois, you can feel just a little bit safer because a new law, known as "Dennis's Law," will go into effect on January 1, 2017. Dennis's Law states, simply, that the traffic laws apply equally to cars and persons riding bicycles. Specifically, "every person riding a bicycle upon a highway shall be granted all of the rights ... and shall be subject to all of the duties applicable to the driver of a vehicle by this Code..." To see the text of the new code provision, click here.

The new law comes on the heels of a 2015 fatal accident in which 68-year-old Hampshire, Illinois, resident, Dennis Jurs, was killed in a collision with a vehicle. To read about the accident, click here.

The driver involved in the accident with Jurs was stopped at an intersection. The driver had a stop sign. Jurs was approaching the intersection on his bike and did not have a stop sign. The driver failed to yield to Jurs and proceeded through the intersection, striking Jurs, and killing him. The driver was issued a citation for failing to yield the right-of-way to Jurs. But, later, a Kane County judge dismissed the citation against the driver for failing to yield the right-of-way because - in Illinois - a bicycle was not considered to be a vehicle entitled to all of the rights of the road.

Under Dennis' Law, cyclists will be "granted all of the rights” of motorists, including the right to be granted the right-of-way. The new law was apparently well-favored and passed through the Illinois House and Senate nearly unanimously, with only one vote against it.

In Pennsylvania, the Motor Vehicle Code, Title 75, defines a vehicle propelled solely by human-powered pedals as a “pedacycle.” A pedacycle is a “vehicle” for purposes of the Motor Vehicle Code. Because bicycles are propelled by human-powered pedals, people on bikes are considered to be operating “vehicles” upon the roadways and, therefore, they are generally afforded all of the rights of the Pennsylvania Motor Vehicle Code. However, we are also subject to all of the duties applicable to motorists. For a complete review of the laws applicable to cyclists in Pennsylvania, check out my prior post, here.

While Pennsylvania has some favorable bicycle laws, such as a four-foot passing law (note that Pa is currently the ONLY state with a four-foot requirement; other states have 3-foot, 2-foot, or no minimum distance required), Pennsylvania still does not treat bicycles completely equal to motor vehicles. Pennsylvania law also still permits local regulation of bicycle laws, rather than state-wide regulation and uniformity. As a result, local regulations in Philadelphia, for example, are more restrictive than those throughout the rest of the state. See here to review some of the restrictions applicable in Philadelphia.

Dennis's Law represents another move in the right direction for people on bikes. But we still have a long way to go.

Be safe out there and thanks for reading.

Matthew F. Dolfi, Esquire

Dolfi Law PC
1100 Washington Avenue, Suite 206
Carnegie, PA 15106
412-227-9724

Website:
www.dolfilawpc.com

Facebook page:

https://www.facebook.com/PghBikeLawyer

Instagram:

https://www.instagram.com/pghbikelaw

Important notice:

About Me

When I'm not practicing law, I'm either cycling or spending time with my family. I'm a member of Bike Pgh, USA Cycling, the Allegheny Cycling Association, and I am a sponsor of the Appalachian Bicycle Racing Association. In 2014, I won the Allegheny Cycling Association's Category C Criterium Racing Series and placed 4th overall in the Appalachian Bicycle Racing Association's Category 4/5 Road Racing Series. I also won my age group in the City of Pittsburgh Sprint Distance Triathlon. In 2010, I finished an Ironman distance triathlon.

I am a member and the Vice President of NovaCare Cycling Team. Team NovaCare is an amateur road, mountain, and cyclocross racing team that races all across Western Pennsylvania, Ohio, and West Virginia.

Cycling is my passion. The law is my profession. I approach both disciplines with the same degree of commitment and dedication.