In Philadelphia, a bicycle is treated just like a motor vehicle for rules of operation on the streets and roads as well as rights-of-way. A cyclist has all the rights as a motor vehicle and has the same duty to obey Pennsylvania’s vehicle codes. (PC 12-800).
A cyclist has another option when traveling through the city. If the cyclist rides on shared-use bike paths and sidewalks alongside pedestrians, then the bicycle is not treated as a vehicle, otherwise, the bicycle wouldn’t be allowed on sidewalks and bicycle-pedestrians paths.
Pedestrian-Bike Safety Concerns
In Philadelphia, it’s ok to ride a bicycle on the sidewalk if the rider is under the age of 13. This angers many pedestrians and shop owners across the city and they feel allowing bikes on the sidewalks puts their customers at risk. Though the law gives pedestrians the right of way, those rules see little enforcement and don’t seem to deter cyclists and other wheeled travelers from cutting off pedestrians and put them at risk.
Crosswalk Laws
Bikes as Vehicles
Generally speaking, under Pennsylvania law, when a pedestrian is in a crosswalk without a signal or if the signal is inoperative, then all vehicles are required to give the pedestrian the right-of-way. When a cyclist is riding in the road—whether it’s in a bike lane, in the middle of the road or riding on the right-hand side of the lane—then the pedestrian in the crosswalk has the right-of-way over the cyclist.
Bikes Riding with Pedestrians
When a cyclist is riding on a shared-use bike path that lets out at a crosswalk, or is riding on the sidewalk and comes to a crosswalk, the law requires that the cyclist give the pedestrian the right-of-way. (75 VC Ch 3508). When a cyclist comes upon a pedestrian in a crosswalk, the cyclist must:
- Yield when necessary,
- Pass on the left,
- Use caution when passing, and
- Make a sound or use a bell to indicate passing.
These rules reflect the relative vulnerability of a pedestrian versus a cyclist. Bikes are slower than cars, but on bike paths and sidewalks, bikes usually travel significantly faster than pedestrians. This puts pedestrians at risk if the cyclist is not careful.
Pedestrian Responsibilities
The law also requires pedestrians to be prudent and yield to the right-of-way of bikes and vehicles when they have the right-of-way. A pedestrian is not to enter a crosswalk against a red light or a Don’t Walk signal.
A pedestrian is not to enter a roadway outside a crosswalk when motor vehicles are in traffic, and they are not to step in front of a moving vehicle that has the right-of-way.
Bike-Pedestrian Injuries
Bike-pedestrian injuries can be serious. With the addition of ebikes and scooter, local emergency rooms have seen an increase in injuries cyclists and pedestrians alike. Some of the injuries that are common to pedestrians are:
- Head/facial injuries
- Shattered wrists/elbows
- Broken arms/legs
- Road rash
- Deep contusions
Bicycle Accident Injuries and Liability
When someone is injured in a bike, auto or pedestrian accident, the injured person must show that the allegedly at-fault person was negligent. Many people think that if the at-fault person broke a traffic law, then he or she must be at fault.
However, Pennsylvania law states that a violation of a vehicle code can’t be used to automatically determine fault in a personal injury civil case. This doesn’t mean that it’s not relevant that the person broke the vehicle code, but it can’t be used to replace negligence.
Negligence is determined by comparing the actions of the alleged at-fault person with that of a reasonably prudent person under the same circumstances. If the jury thinks the person did the reasonably prudent thing—even if a vehicle code was broken—then there was no negligence.
What to do if you Were Injured in a Bike-Pedestrian Accident
If you’ve been injured in a bike-pedestrian accident—whether you were the pedestrian or the bike rider—you should talk to a Philadelphia Bicycle Accident Attorney who can explain the law and inform you of your rights. Many people don’t think about seeking compensation when they are injured as a pedestrian or on a bike, but you owe it to yourself to find out the law.
Don’t suffer alone and leave it to an insurance agent to determine what compensation you deserve for your injuries. They don’t owe you anything but they do work for a company whose profits rely on paying you as little as they can.
Call Pearce Law Firm, P.C. at (215) 557-6868 or text at 215 880 6164, and start getting someone in your corner. You can also contact us online by clicking here.
