Bicycle Accident Victim’s Case vs. PennDOT & Bike Tour Dismissed

Posted on: July 10th, 2012       Attorney Thomas Newell

A 2009 decision by the Pa. Commonwealth Court affirmed the dismissal of a Pennsylvania bicycle accident claim. A PA bicyclist signed up for a bike tour organized by Pedal Pennsylvania, Inc. During the tour, the rider’s front tire became locked in a groove on a public road. The bicycle accident victim fell and dislocated his pelvis.

A Pennsylvania bicycle accident lawyer filed suit vs. the Tour Company and PennDOT alleging negligence due to the hidden danger in the road, the failure to inspect and failure to warn. The attorneys representing Pedal Pennsylvania filed a Motion for Summary Judgment which was granted by the Blair County Court of Common Pleas. The Trial Judge dismissed the bicyclist’s lawsuit. A Release/Waiver Form signed by had waived any negligence claims against the tour organizer.

The Commonwealth Court of Pennsylvania concluded that the waiver form was signed voluntarily and with the knowledge that riding a bicycle could result in serious bodily injury. The bicyclist assumed the risks inherent in riding a bike on a public road. Vinikoor v. Pedal Pennsylvania Inc., 974 A.2d 1233 (Pa. Cmwlth. 2009)

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