Hit Biking on a Sidewalk or With No Bike Lane in PA: Can You Recover?

Often, yes. A Pennsylvania cyclist hit while riding on a sidewalk or on a road with no bike lane is not automatically barred from recovering damages. Under 75 Pa.C.S. § 3501, a bicycle rider on a roadway has the rights and duties of a vehicle driver, with limited exceptions. Title 75 no longer requires riders to use a bike path. Even if the rider broke a traffic rule, Pennsylvania's modified comparative negligence statute, 42 Pa.C.S. § 7102, still allows recovery when the rider's negligence was "not greater than" the defendants'. The award is reduced by the rider's share of fault.

Adjusters often tell injured cyclists "you were on the sidewalk" or "there was no bike lane." Neither one, by itself, ends your claim under Pennsylvania law. Here is what the Vehicle Code says about where you may ride, how a rider's own violation is weighed, and whose insurance pays first.

Where Pennsylvania Law Lets You Ride a Bicycle

A bicycle is treated like a vehicle on the roadway

The Vehicle Code calls a bicycle a "pedalcycle." Section 3501(a) of Title 75, Chapter 35 provides that "Every person riding a pedalcycle upon a roadway shall be granted all of the rights" of a vehicle driver and is subject to the same duties, "except as to special provisions in this subchapter" and provisions that "by their nature can have no application." You have a legal right to be in the travel lane.

Shoulders, keeping right and "as close as practicable"

Section 3505 covers riding on roadways. The main rules are:

• Shoulders are allowed, not required. Section 3505(b) states that "A pedalcycle may be operated on the shoulder of a highway." When you use the shoulder, you must ride "in the same direction as required of vehicles operated on the roadway."
• Slower riders keep right, unless that is unsafe. Section 3505(c) provides that a pedalcycle "operated at slower than prevailing speed" must be ridden "in accordance with the provisions of section 3301 (relating to driving on right side of roadway) unless it is unsafe to do so."
• What § 3301 says. Section 3301(b)(1) requires a slower vehicle to use "the right-hand lane then available for traffic" or travel "as close as practicable to the right-hand curb or edge of the roadway," but § 3301(b)(2)(ii) exempts "A pedalcycle operating in accordance with Chapter 35." Cyclists are covered instead by § 3301(c), which applies the same keep-right rule to a slower bicycle, except when passing or preparing for a left turn, and does not apply to "A pedalcycle using any portion of an available roadway due to unsafe surface conditions" or "A pedalcycle using a roadway that has a width of not more than one lane of traffic in each direction."
• One-way streets. On a one-way roadway with two or more marked lanes, § 3505(d) lets a cyclist "ride as near the left-hand curb or edge of the roadway as practicable."

"Practicable" and "unless it is unsafe" matter. A rider who moved left to avoid potholes or a drainage grate may fall within the § 3301(c) exception for unsafe surface conditions. On a road with only one lane in each direction, the § 3301(c) keep-right rule does not apply at all. A rider who stayed out of a door zone or a lane too narrow to share may also have been within § 3505(c)'s "unless it is unsafe to do so" language.

No bike lane? You are not required to use one anyway

Pennsylvania once required riders to use an available bike path. That rule, former § 3505(f), "Mandatory use of available pedalcycle path," is now marked "(Deleted by amendment)," and nothing in Chapter 35 requires you to ride in a bike lane. On a road with no bike lane, the roadway or shoulder is where the law expects you to be.

Riding on the sidewalk: legal in many places, with conditions

Pennsylvania does not ban sidewalk cycling statewide. Section 3508 sets the rules.

• Yield and signal. Under § 3508(a), a cyclist on a sidewalk "shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian."
• Business districts. Under § 3508(b), "A person shall not ride a pedalcycle upon a sidewalk in a business district unless permitted by official traffic-control devices, nor when a usable pedalcycle-only lane has been provided adjacent to the sidewalk."

Outside a business district, state law generally allows sidewalk riding if you yield and signal. Because the adjacent bike-lane restriction appears in the subsection titled "Business districts," it is safest to treat a usable bike-only lane beside the sidewalk as a reason to ride in that lane. Whether a block counts as a "business district" is a fact question an attorney can confirm for the spot where you were hit.

Local ordinances can add restrictions

Municipalities can regulate sidewalk riding more tightly. The City of Philadelphia's Safe Routes Philly guidance states that under city rules "children under age 12 are allowed to ride on the sidewalk," and steers older riders to streets, bike lanes and trails. Boroughs, townships and cities such as Harrisburg have their own traffic ordinances, so check the local ordinance for the exact crash location. Our guide to Harrisburg pedestrian and bicycle crashes covers Dauphin County specifics.

Driver Duties That Protect Cyclists Wherever You Ride

The four-foot passing rule

Section 3303(a)(3) of the Vehicle Code requires that "The driver of a motor vehicle overtaking a pedalcycle proceeding in the same direction shall pass to the left of the pedalcycle within not less than four feet at a careful and prudent reduced speed." It applies whether or not there is a bike lane. See our article on Pennsylvania's 4-foot passing law.

Driveways, turns and doors

Sidewalk crashes often happen at driveways, parking-lot exits and right turns across a sidewalk crossing, where the driver looks only for car traffic. Roadway crashes often involve right hooks, left turns and opened doors; see our breakdown of dooring accidents and who is at fault in PA.

What If You Did Break a Rule? Comparative Negligence in Pennsylvania

Suppose you were on a business-district sidewalk, rode without a front lamp at night, or failed to keep right when it was safe to do so. That does not automatically end your claim.

The 51 percent bar and reduced damages

42 Pa.C.S. § 7102(a) provides that a plaintiff's contributory negligence "shall not bar a recovery by the plaintiff or his legal representative where such negligence was not greater than the causal negligence of the defendant or defendants against whom recovery is sought." Any damages "shall be diminished in proportion to the amount of negligence attributed to the plaintiff." In practice:

• If the jury finds you 30 percent at fault and the driver 70 percent, you can recover, reduced by 30 percent.
• If you and the driver are each found 50 percent at fault, you can still recover half, because your negligence was "not greater than" the defendant's.
• If your share is greater than the combined causal negligence of the defendants, you recover nothing.

The key word is causal. A driver who backs out of a driveway without looking may hit a sidewalk cyclist just as he would a pedestrian; the sidewalk location may have had little to do with the collision. See our comparative fault FAQ.

Negligence per se, in general terms

Violating a traffic safety statute meant to protect people in the injured person's position can establish negligence as a matter of law, called negligence per se. The concept cuts both ways: a driver who passed closer than four feet may face it, and so may a cyclist who ignored § 3507 or § 3508. Either way, the violation must have helped cause the harm, and an attorney can confirm how this applies to your case.

Lights and reflectors at night

Section 3507(a) requires a bicycle in use between sunset and sunrise to carry "a lamp which emits a beam of white light intended to illuminate the pedalcycle operator's path and visible from a distance of at least 500 feet to the front," and "a red reflector facing to the rear which shall be visible at least 500 feet to the rear," plus amber side reflectors. Insurers raise missing lights in nighttime crashes; whether it matters depends on whether the driver could have seen you anyway.

Helmets: the under-12 rule and the civil-case shield

Section 3510(a) provides that "A person under 12 years of age shall not operate a pedalcycle or ride as a passenger on a pedalcycle" without a fastened, approved helmet. Section 3510(c) says a violation shall not "be used as evidence in a trial of any civil action," and that "failure to use a pedalcycle helmet" shall not "be considered as contributory negligence" or "be admissible as evidence in the trial of any civil action." Section 3510 sets no helmet requirement for riders 12 and older, and by its plain terms the civil-action clause of § 3510(c) bars treating any rider's "failure to use a pedalcycle helmet" as contributory negligence or admitting it as evidence at trial.

Who Pays Your Medical Bills First

Under the Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. § 1713(a) sets this order of priority for first-party benefits:

1. "For a named insured, the policy on which he is the named insured."
2. "For an insured, the policy covering the insured." This often includes a resident relative's household policy.
3. "For the occupants of an insured motor vehicle, the policy on that motor vehicle."
4. "For a person who is not the occupant of a motor vehicle," the policy "on any motor vehicle involved in the accident."

So if you or a relative you live with has auto insurance, that policy usually pays your first-party medical benefits even though you were on a bike. Section 1711(a) requires auto liability policies on registered motor vehicles (other than motorcycles, recreational vehicles and similar vehicles) to include a medical benefit "in the amount of $5,000."

Your tort option and the other driver's coverage also matter: see how limited tort affects bicycle and pedestrian claims, UM and UIM coverage for cyclists and pedestrians, and our comparison of bicycle and car accident claims.

What Compensation May Be Available

A cyclist injured by a negligent driver may pursue:

• Medical expenses beyond first-party benefits, including surgery, rehabilitation and future care
• Lost wages and lost earning capacity
• Pain and suffering, emotional distress and loss of life's pleasures, subject to your tort election
• Scarring and disfigurement
• Property damage to your bicycle, helmet and gear
• In a fatal crash, wrongful death damages for the family and survival damages for the estate

Each may be reduced by your percentage of fault under § 7102.

Mistakes That Hurt Cyclists' Claims

• Agreeing that you "shouldn't have been there." A recorded statement admitting you were in the wrong place may be used against you, even when the statute allowed you to ride there.
• Leaving without documenting the scene. Photograph the sidewalk, curb cut, driveway, signs and lane width, and keep the bike, helmet and lights as they are.
• Skipping the police report. Ask for a report and get a copy. See how to get your Pennsylvania crash report.
• Delaying medical care. Gaps in treatment invite the argument that something else caused your injuries.

Why Act Now

Under 42 Pa.C.S. § 5524, most injury suits must be filed within two years. In a fatal crash, a wrongful death claim is generally measured from the date of death, while an injury or survival claim runs from the date of injury. A claim against a government entity, for example over a defective sidewalk, can require written notice within six months under § 5522, although, for government units other than the Commonwealth, that period does not include up to 90 days of injury-related incapacity, and failing to give notice is not a bar where the unit had actual or constructive notice of the incident or condition. Under 42 Pa.C.S. § 8542(b)(7), a local agency can be liable for a dangerous sidewalk condition within the right-of-way of a street it owns only if it had actual or constructive notice in time to act; where its liability rests on its power to require others to repair the sidewalk, it is only secondarily liable and the person responsible for the sidewalk, often the abutting property owner, is primarily liable. See our deadline FAQ and claims against government entities. Business and traffic camera video can be overwritten, so I send preservation letters early.

What Happens Next

1. Free case review. We talk through where you were riding, the road layout and the driver's conduct.
2. Coverage and evidence. We identify every policy under § 1713, open your first-party claim, and gather the crash report, video, witnesses and records.
3. Liability analysis. We match the facts to §§ 3301, 3303, 3505, 3507 and 3508 and any local ordinance.
4. Demand and negotiation. Once your treatment picture is clear, we present the claim.
5. Litigation if needed. We file in the proper county Court of Common Pleas and prepare the case for trial.

Why Work With Quinlan Law Group

I am Sean Quinlan, a Pennsylvania-licensed attorney admitted in 2001, with offices in Camp Hill and Harrisburg. I review the facts of your crash with you directly. Learn more about our pedestrian and bicycle accident cases or browse the bicycle and pedestrian crash FAQ. We handle injury cases on a contingency fee, so you pay no attorney fee unless there is a recovery. You may be responsible for certain case costs and expenses in addition to the fee, as explained in your written fee agreement.

Frequently Asked Questions

Is it legal to ride a bike on the sidewalk in Pennsylvania?

Often, yes. Under 75 Pa.C.S. § 3508, state law allows sidewalk riding if you yield to pedestrians and give an audible signal before passing them. It is prohibited in a business district unless official traffic-control devices permit it, and § 3508(b) also restricts sidewalk riding when a usable bike-only lane has been provided next to the sidewalk. Local ordinances can add restrictions.

Do I have to ride in a bike lane if there is one?

Pennsylvania's Vehicle Code does not require it. The former mandatory-path rule, 75 Pa.C.S. § 3505(f), has been deleted by amendment. However, § 3508(b) restricts sidewalk riding where a usable bike-only lane has been provided next to the sidewalk.

Can I recover if I was partly at fault for the bike crash?

Yes, as long as your negligence was not greater than the combined causal negligence of the defendants, under 42 Pa.C.S. § 7102. Your damages are reduced by your percentage of fault. If your share is greater, recovery is barred.

Can the insurance company blame my child for not wearing a helmet?

Not in court. 75 Pa.C.S. § 3510(c) says a violation of the under-12 helmet rule cannot be used as evidence in a civil trial, and that failure to wear a helmet cannot be considered contributory negligence or admitted as evidence in a civil action.

How much room must a driver give me when passing?

At least four feet. 75 Pa.C.S. § 3303(a)(3) requires a motorist overtaking a bicycle to pass to the left at a distance of not less than four feet, at a careful and prudent reduced speed.

Whose insurance pays my medical bills after a bike crash?

Under 75 Pa.C.S. § 1713, your own auto policy pays first if you are a named insured, then a household policy that covers you as an insured. If neither exists, the policy on a motor vehicle involved in the crash is generally next in line for a cyclist who was not in a car. If no policy applies, Pennsylvania's Assigned Claims Plan may provide limited medical benefits (75 Pa.C.S. §§ 1752–1753).

I was riding at night without a light. Do I still have a claim?

Possibly. Section 3507 requires a front white lamp and a rear red reflector between sunset and sunrise, and a violation may be weighed as comparative fault. You can still recover if your share of causal negligence is not greater than the driver's, with your damages reduced by that share.

Talk to a Pennsylvania Injury Lawyer About Your Case

If a driver hit you while you were on a sidewalk, on the shoulder, or in a lane with no bike lane, do not let an insurer's assumptions decide your claim. Call (717) 724-7503 or request a free case review. It is free and confidential. Our Camp Hill office at 3425 Simpson Ferry Rd, Suite 100, Camp Hill, PA 17011 serves cyclists and families across Pennsylvania.

This article is general information about Pennsylvania law, not legal advice for your specific situation, and reading it does not create an attorney-client relationship. Attorney advertising. Sean Quinlan, Esq., Quinlan Law Group, Camp Hill, PA.