Pittsburgh Bike Lawyer: 2014

Monday, December 22, 2014

Seasons greetings and best wishes to you!

Happy Holidays

and

Thanks for reading.

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Matthew F. Dolfi

The Lawyer-Cyclist and Pittsburgh Bike Lawyer

Friday, December 19, 2014

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Thanks for reading!

Matthew F. Dolfi

The Lawyer-Cyclist and Pittsburgh Bike Lawyer
___________________________________________________________________

Matthew F. Dolfi, Esquire

Dolfi Law PC
BNY Mellon Center
500 Grant Street, Suite 2900
Pittsburgh, Pennsylvania 15219
412-227-9724

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.

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Monday, December 15, 2014

What to do in the event of a crash

Accidents happen. Sometimes, despite your best efforts to "keep the rubber side down," you just can't stay upright. Here are some helpful tips in the event of a crash.

1. Assess the situation.

If you're like me, the first question you ask after an accident might tend to be, "How's my bike?" Resist that urge. Instead, take a few minutes to assess your personal situation and to make sure that you're in a safe location. If you're capable, move yourself and your bike to safety. If your bike was thrown any distance from you, take note of its location as you will need to provide this information to the authorities. If you're in serious pain (e.g., having neck or back pain, or think that you may have broken a bone), don't try to move or you may further injure yourself.

Begin to look for witnesses, to evaluate the scene, and try to remain calm. If you were struck by a motorist or another party, resist the urge to confront or argue with him/her. If the police arrive, you need to be cool-headed and rational, not hot-tempered and emotional.

2. Seek medical attention.

If an ambulance arrives, do not reject a medical examination. A seemingly small injury could wind up being something much worse and your adrenaline might prevent you from feeling the full effects of your injury while you're still on the scene of the accident. Even if you feel okay, it is best to let the paramedics do their job. If you struck your head in the accident, twisted your neck or back, or think that you might have any broken bones, get to the hospital immediately.

If you're hurt and an ambulance has not yet arrived, call 911 or have someone do it for you. Cyclists are tough folks, there is no doubt about that. But do not downplay the severity of the accident or your injuries to the authorities. Paramedics and the police will take notes regarding your condition. Most of what they report comes from you! If you downplay the accident or your injuries, that gets written into a report that may come back to haunt you in a subsequent lawsuit. So, be honest, but don't understate the facts.

Also, note that police reports in Pennsylvania are typically reserved for accidents where a vehicle is towed or where someone is injured. Since your bike is not going to be towed, you need to convey the significance of your injury to the authorities because a police report will typically be generated only if someone goes to the hospital. So, in the event of an accident, call 911 and take a trip to the local ER in the ambulance. You're better safe than sorry and, if your injuries turn out to be worse than you initially thought at the scene, you'll be glad that you took a trip to the hospital and obtained a report. You may need that police report down the road in order to establish liability against another party, to assert an underinsured or uninsured motorist claim, and to preserve facts and evidence such as witness statements and measurements of the scene of the accident.

But what about the costs of medical care? Do not let that concern deter you from obtaining necessary medical attention. If the accident was caused by a motorist, there is a good chance that you can recover from the driver's insurance or from your own automobile insurance carrier. If you don't have a car or your own insurance policy, you may qualify as an insured under a family member's automobile insurance policy. If the accident was a hit and run, which qualifies as a crime, you may be eligible to receive medical and/or income loss benefits from the Victims' Compensation Assistance Program. In short, don't skip a hospital visit because you don't think you can afford it. Even if you think the accident was your fault, get to the hospital!

3. Gather some evidence.

If you are able to move around after an accident, talk to any witnesses on the scene and save their contact information. If the accident involved a motorist, get his or her name, address, phone number, and insurance information. If the police arrive, tell them what happened but don't understate your injuries or offhandedly accept some or all of the liability. Some police officers tend to have a bias against cyclists and they will report a "minor injury" or "no injury" if that is what you tell them.

Be honest with the police, but remember the old maxim: "anything you say can and will be used against you in a court of law." In a civil lawsuit, admissions that you make at the scene of an accident or in a police report can be used against you. And, as noted above, you may not fully appreciate how bad the accident or your injuries are until after your nerves calm down and your adrenaline levels return to normal. So, don't admit fault, don't understate your condition or your injuries, and get the names of the other driver and any witnesses.

If the accident involves a hit and run, report it to the police and your insurance company as soon as you possibly can. You may be able to recover uninsured motorist benefits from your own insurance carrier, but only if you notify the police AND your automobile insurance carrier within 30 days of the accident.

4. Next, examine your bike.

Even if you feel well enough to ride, you should consider calling a friend or a taxi for a ride home or to the hospital. You might have a mild concussion or a hairline fracture. After crashing in the 2014 Tour de France, race-favorite Alberto Contador rode his bike for half an hour with a fractured tibia bone before pulling out of the race. Then, he required surgery. It took defending champion, Chris Froome, two crashes in a single day of the 2014 Tour de France before he pulled out of the race.

You are not Alberto Contador or Chris Froome. You're not contending for a World title. So, unless you're 100% certain that you're not injured and your bike is not damaged, it is probably best to call for a ride and to stay off the bike for (at least) a little while.

If you are going to get back in the saddle, make sure that your fork is not damaged, your handlebars are not broken, and your wheels are not bent. If they are, do not ride. Also, if your cranks, saddle, or seat post are bent or broken, stay off the bike. It is also a good idea to take your bike into a local bike shop after any accident to assess its condition, check for damages, and true your wheels. If your helmet stuck the ground or a vehicle, you should replace it. Save any receipts for services to your bike or expenses resulting from the accident, as those can be proof of damages that you can submit for reimbursement in a later lawsuit or insurance claim.

5. The aftermath.

Many times after a traumatic event, pain takes a few hours to set in. Have you ever done a hard workout, felt good, but then felt incredibly sore the next day? Muscle strains and sprains sometimes take a few days to fully develop. If you have left the scene of a bicycle accident feeling well, only to develop soreness hours or, even, days later, it is crucial to seek proper medical attention from your family care physician or a walk-in medical clinic. In addition to getting evaluated for injuries and obtaining peace of mind, if you need to file a lawsuit for damages down the road, documented medical treatment will be necessary to establish your claim. Your primary care physician can refer you for x-rays, send you to an orthopedic physician, and prescribe physical therapy, if necessary.

As soon as possible after the accident, contact the insurance company of the other driver and/or your own insurance carrier. You will need to file a claim in order to receive any benefits. The insurance company may send you forms and ask for a statement. If you are asked to provide a written or recorded statement, you should refuse to do so before talking to a lawyer. Again, anything you say (orally or in writing) can and will be used against you in court! If you are asked to sign any medical authorizations (which serve to release your privileged medical treatment records to the insurance company), you may also want to consult an attorney. At the very least, you should restrict the authorizations to releasing medical treatment records relating specifically to your accident. In most cases, the authorizations sent by insurance companies are broad and unlimited. You need to restrict what is released by the authorization to the treatment that you received after the accident. Otherwise, the insurance company will be able to review all of your medical records from any provider included on the authorization. For this reason, consultation with a lawyer may be required.

Even if you decide not to retain a lawyer to assist you with your claim, it is helpful to speak with a lawyer about your accident, your injuries, and the claim process. Most lawyers - including me - will provide a free initial consultation.

6. Something to consider before your next ride.

If you are going to be on the road, always carry identification or purchase Road Id or a similar product. Road Id identifies you and your important personal contacts to the authorities in the event that you cannot provide the information yourself.

Also, current medical research is revealing how concussions and even mild traumatic brain injuries can lead to long-term health problems. Some medical providers, such as NovaCare Rehabilitation, provide baseline concussion testing. A baseline concussion test allows a clinical team of specialists to compare your personal results from before a diagnosed concussion to your post-accident results. Using that data, a specific healing and rehabilitation protocol can be established for your specific injury. If you ride a bicycle on a frequent basis, it is a good idea to get yourself screened and establish a baseline for concussion analysis.

Before departing for any ride, you should let friends or loved ones know when and where you're going to be riding. From personal experience, I recommend that you be honest regarding your ride times. If you are going for a three hour ride, do not tell your friends or loved ones that you will only be gone for two hours. Initially, they'll worry about you when you do not come home on time. And, eventually, they'll start to add an hour on to your stated ride time. When that happens, you might find yourself stranded without aid for a significant period of time. So, be honest about your ride time and carry identification because you can't always keep the rubber side down.

Thanks for reading.

Tuesday, December 9, 2014

Pa Bike Laws - Know the Rules of the Road

Bicycling on the road can be dangerous. Unexpected road conditions, inclement weather, distracted drivers, and inattentive passengers exiting from parked vehicles can present serious hazards. Knowing the "Rules of the Road" can help to reduce the risks of these hazards and keep you safe for that next ride.

Here are some of the pertinent rules to know next time you hit the road.

I. Bicycles are “Vehicles.”

Under the Pennsylvania Motor Vehicle Code, Title 75, vehicles propelled solely by human-powered pedals are considered “pedacycles.”[1] Pedacycles are “vehicles” for purposes of the Motor Vehicle Code, but they are not “motor vehicles.”[2] Because bicycles are propelled by human-powered pedals, cyclists 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, but they are also subject to all of the duties applicable to motorists.[3]

            The distinction between a “vehicle” and “motor vehicle” is important to cyclists because the operator of a pedacycle is subject to prosecution for “driving under the influence” of alcohol or other controlled substances.[4] 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.[5] Also, evidence of the consumption of alcohol by a cyclist is inadmissible at trial as unfairly prejudicial, unless the evidence reasonably establishes intoxication. [6] 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.[7] It would not be difficult for a trained police officer to meet the burden of establishing intoxication. Therefore, it is best to avoid drinking and riding.

          II.                Stay to the Right, Mostly.

            When riding a bicycle on the roadways, it is lawful – and always best – unless otherwise impractical or unsafe, to ride on the right-hand side of the road or upon the shoulder. Motorists expect cyclists to keep to the right (unless the cyclist is passing another vehicle or attempting to make a left turn) and, therefore, this is the safest location to ride.

Under the Motor Vehicle Code, bicycles may be ridden on the shoulders of roads, in the same direction as traffic upon the roads, and may be operated at speeds slower than prevailing speeds.[8] If a cyclist is travelling at a speed slower than the prevailing speed of traffic, he or she should operate in the right-hand lane or as close as practicable to the right-hand curb or edge of the roadway unless passing another vehicle or preparing to make a left turn at an intersection or into an alley, road, or driveway.[9]

Cyclists do not always have to travel in the right-hand lane or along the right-hand curb or edge of the road. Rather, a cyclist may use more of the roadway if unsafe conditions exist or if the road is no wider than one lane of traffic in each direction.[10] But, as a general matter, cyclists are moving slower than the prevailing speeds of traffic and should, therefore, keep to the right.

For cyclists riding on the right-hand side of the road, caution must be exercised when riding near parked vehicles so that the rider may avoid suddenly and unexpectedly encountering an open car door. The Motor Vehicle Code prohibits motorists from opening car doors unless it is reasonably safe to do so and can be done without interfering with the movement of other traffic.[11] Further, the Code prohibits motorists from leaving car doors on the side of a vehicle available to moving traffic from being left open for any period of time longer than necessary to load or unload passengers.[12] Courts have even held that although motorists and passengers in motor vehicles have the right to step out of their vehicles and onto the roadway, they have a duty to look for approaching traffic, including bicycles, and must continue to look when exiting a vehicle and exercise reasonable care under the circumstances.[13] Notwithstanding these provisions of the Motor Vehicle Code, many motorists are likely unaware of these rules or they disregard them. Therefore, it is essential that cyclists exercise caution for their own safety while passing vehicles parked along the right side of the road.

III. Riding Bicycles on the Left-Hand Side of the Road.

Although bicycles should typically be ridden on the right-hand side of the road, or in the right lane, there are times when bicycles may lawfully be operated on the left-hand side of the road. Cyclists riding on one-way streets that have two or more marked traffic lanes (all in the same direction of travel) may ride as near the left-hand curb or edge of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.[14] Also, if a cyclist – while riding in the right-hand lane or as near to the right-hand curb of the road as practicable – is overtaking another vehicle (e.g., a car or another bicycle), the rider must pass to the left of the other vehicle at a safe distance and stay to the left of the other vehicle until safely clear of the overtaken vehicle. [15] This rule applies to motor vehicles passing cyclists traveling on the road.[16]

Note: Pennsylvania law requires an operator of a motor vehicle who is overtaking a cyclist proceeding in the same direction as the motorist to pass to the left of the cyclist at a distance not less than four feet at a careful and prudent reduced speed.[17]

IV. Riding Side-By-Side on the Roads

When riding on highways, cyclists are not permitted to ride more than two abreast.[18] This restriction does not apply to cyclists riding on paths or parts of the road set aside for the exclusive use of pedacylces.

Note: In Philadelphia, cyclists must ride single file upon all roadways.[19] This restriction in Philadelphia does not apply to cyclists riding on paths or parts of the road set aside for the exclusive use of bicycles.

V. Riding on Sidewalks

Unless permitted by “official traffic-control devices,” bicycles typically may not be ridden upon sidewalks in business districts. If there is a usable pedacycle-only lane adjacent to a sidewalk, bicycles must be ridden in the bike lane and not upon the sidewalk.[20] If a cyclist is properly riding on a sidewalk, or any other path that is also used by pedestrians, the cyclist must yield the right-of-way to pedestrians and give an audible signal before overtaking or passing any pedestrian.[21] In Philadelphia, no person 12 years of age or older may ride a bicycle upon any sidewalk in any district.[22]

VI. Riding Without a Helmet

Generally, it is only unlawful for a person under 12 years of age to ride a bicycle without a helmet.[23] Violation of this law may result in a fine to the parents or guardians of the youth of no more than $25.00.[24]

Although it is unlawful for an individual under 12 years of age to ride a bicycle without a helmet, the fact that a cyclist was not wearing a helmet may not be used as evidence against the cyclist in any civil lawsuit to establish contributory negligence or for any other reason.[25] Thus, if a cyclist is injured while riding a bicycle without a helmet, evidence of the fact that he or she was not wearing a helmet at the time of the accident causing his or her injuries is not admissible in any civil lawsuit. The term “wearing a pedalcycle helmet” means having a pedalcycle helmet of good fit fastened securely upon the head with the helmet straps.[26]

VII. Lamps, Reflectors, and Other Equipment

If a cyclist is riding between sunset and sunrise, he or she must have a headlamp that emits a beam of white light intended to illuminate the cyclist’s path and be visible from a distance of at least 500 feet to the front. [27] The cyclist must also have a red reflector facing to the rear which is visible at least 500 feet, and an amber reflector on each side of the bicycle.[28] Cyclists can supplement the required front and rear lamps/reflectors, but the front lamp must emit a white beam or light, and the rear lamp must emit a red beam or light.[29] Any supplemental lamps or reflectors worn by the rider should be capable of being seen from at least 500 feet to the front and 500 feet to the rear of the bicycle.

Pedacycles operating on the roads must have brakes capable of stopping the pedacylce within 15 feet from an initial speed of 15 miles per hour on dry, level, and clean pavement.[30] Also, cyclists may equip their bikes with an audible device that is capable of providing an audible signal from at least 100 feet away. [31] But cyclists may not equip their bikes with sirens (unfortunately!).

VIII. Cyclists Have a Duty to Ride Their Bicycles Safely

With only a few minor exceptions, every person operating a bicycle upon a highway must obey the applicable rules of the road as contained in the Motor Vehicle Code. That means that a bicycle rider has the same duty as any other vehicle operator to keep the vehicle under such control that he can stop or turn it to avoid collisions.[32] A cyclist cannot “willy-nilly” run his bike into a standing vehicle and then recover damages for his resulting injury.[33]

The fact of whether or not a cyclist was keeping his/her bicycle under control is likely to be a question for a jury in any civil lawsuit. In one case, the court held that where the cyclist saw a parked automobile 75 feet away and knew that his view around a curve was obstructed, the cyclist was bound to realize that he would not be able to determine whether or not he could pass the automobile safely until he was almost upon it.[34] The court held that the cyclist’s “clear duty was to bring his bicycle under such control that he could stop behind the parked automobile and not run into it if the necessity, created by a vehicle approaching in the opposite direction, should develop.”[35]

With regard to the age of the rider, courts have held that a boy of fifteen years of age is deemed to be sufficiently capable of appreciating the dangers incident to bicycle riding to convict him, in a proper case, of contributory negligence as a matter of law.[36]

Note: In Philadelphia, the use of headphones connected to an audio device while operating a bicycle is prohibited.[37] Also, with only limited exceptions, bicycles are not permitted to be operated on freeways.[38] Freeways are defined by the Motor Vehicle Code as limited access highways to which the only means of ingress and egress are by interchange ramps.[39] Highways are defined by the Motor Vehicle Code as “the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.”[40]

[1] 75 Pa.C.S. § 102

[2] Kronenbitter v. Com., Dept. of Transp., Bureau of Driver Licensing, 615 A.2d 949 (Pa. Commw. 1992).

[3] 75 Pa.C.S. § 3501(a)

[4] Com. v. Brown, 620 A.2d 1213 (Pa. Super. 1993)

[5] 75 Pa.C.S. § 1547(a); Com. v. Sheriff, 7 Pa. D. & C.4th 201 (C.P. 1990), aff'd, 414 Pa. Super. 652, 598 A.2d 1333 (1991)

[6] Locke v. Claypool, 426 Pa. Super. 528, 627 A.2d 801 (1993)

[7] Id.

[8] 75 Pa.C.S. § 3505(b)-(c)

[9] 75 Pa.C.S. § 3301(c)(1)

[10] 75 Pa.C.S. § 3301(c)(2)(i)-(ii)

[11] 75 Pa.C.S. § 3705

[12] Id.

[13] Heath v. Klosterman, 23 A.2d 209 (Pa. 1941).

[14] 75 Pa.C.S. § 3505(d)

[15] 75 Pa.C.S. § 3303(a)(1)

[16] Id.

[17] 75 Pa.C.S. § 3303(3)

[18] 75 Pa.C.S. § 3505(e)

[19] The Philadelphia Code, Title 12, § 12-804

[20] 75 Pa.C.S. § 3508(b)

[21] 75 Pa.C.S. § 3508(a)

[22] The Philadelphia Code, Title 12, § 12-808(2)

[23] 75 Pa.C.S. § 3510(a)

[24] 75 Pa.C.S. § 3510(d)

[25] 75 Pa.C.S. § 3510(c)

[26] 75 Pa.C.S. § 3510(e)

[27] 75 Pa.C.S. § 3507(a)

[28] Id.

[29] Id.

[30] 75 Pa.C.S. § 3507(c)

[31] 75 Pa.C.S. § 3507(b)

[32] Gallenz v. Griffiths, 38 A.2d 721 (Pa. Super. 1944) (citing Mehler v. Doyle, 115 A. 797 (Pa. 1922)).

[33] Id. (citing Simrell v. Eschenbach, 154 A. 369 (Pa. 1931)).

[34] Id.

[35] Id.

[36] Id. (citing Geiger v. Garrett, 113 A. 195 (Pa. 1921)).

[37] The Philadelphia Code, Title 12, § 12-812(1).

[38] 75 Pa.C. § 3511(a).

[39] 75 Pa.C. § 102.

[40] Id.

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.