Despite being required to follow all applicable traffic laws, many cyclists do not consider themselves bound by traffic laws. They frequently weave between traffic, jump onto and off sidewalks, and attempt to pass walkers without slowing down. Bicycle riders often fail to obey traffic control devices and ride in pedestrian-only areas to make deliveries and avoid traffic. While this is common, it can result in serious pedestrian accidents and injuries.
Being struck by any moving vehicle, whether a car or bicycle, may push innocent pedestrians onto hard pavement or even into moving traffic. Just because you were hit by a bicycle doesn’t mean your injuries aren’t serious. However, fault is a complicated issue in pedestrian-bicycle cases. If you suffered an injury in a pedestrian accident involving a bicycle, holding a cyclist financially accountable for your injuries requires help from an experienced pedestrian accident attorney.
Cyclists Must Follow the Rules of the Road
In most states, bicycles are legally considered ‘motor vehicles’ for the purpose of obeying state traffic laws. This means cyclists are obligated to follow the same rules of the road as cars. These rules generally include:
- Riding with the flow of traffic
- Following speed limits
- Using bike lanes when available
- Yielding to pedestrians in crosswalks
- Using signals when changing lanes
- Not weaving between lanes
- Obeying traffic control devices (stoplights and signs)
- Passing safely
However, bicycles are not considered motor vehicles for auto insurance purposes. Cyclists may claim underinsured/uninsured motorist benefits if they suffered an injury in a car crash, but a pedestrian cannot generally obtain benefits from the cyclist’s motor vehicle insurer after a bicycle-pedestrian collision. This is not considered a motor vehicle accident in most states, even when traffic violations contribute to the pedestrian accident.
Injuries Sustained in Pedestrian Accidents Involving Bicycles
Even though car insurance can not be available after pedestrian-bicycle crashes, an experienced pedestrian accident attorney can still hold negligent cyclists and third parties liable for the following injuries:
- Traumatic Brain Injury (TBI): Experienced road bikers can easily hit speeds up to 20 mph, the same speed limit applicable to motor vehicles in areas with heavy foot traffic. Pedestrians clipped at this speed can strike their heads on hard pavement, resulting in devastating brain injuries, including concussions, brain bleeds, and skull fractures. Bicycle accidents can be just as likely to cause pedestrians brain injuries as car accidents because TBIs most commonly occur when the victim’s head hits the roadway or sidewalk, not after the initial strike.
- Broken/Dislocated Hips and Shoulders: Bicycles often hit pedestrians in the hip or shoulder areas. Highspeed riders can cause immediate tendon damage and dislocations on impact, but throwing pedestrians off balance also causes their shoulders and hips to hit hard pavement, resulting in fractures, tendon damage, and dislocations.
- Muscle Contusions: Clipping accidents frequently result in serious contusions (bruises) where the handlebars or pedals struck you. These painful injuries crush the underlying muscle fibers and tissues, often resulting in significant joint swelling. Although most claimants recover well, these injuries can cause short-term disabilities due to the lost range of motion in your arm or leg. A lawyer may hold the cyclist liable for any associated lost income and business as a result of serious contusions.
- Slipped/Herniated Discs: Our backs weaken as we age, and sudden trauma from bicycle strikes often results in numerous slipped discs. These painful injuries are hard to treat and may cause long-term disabilities due to extreme back, neck, and nerve pain.
- Broken Neck: The angle of impact and resulting fall can result in a broken neck, causing complete paralysis. If pedestrians hit their heads at an angle, this can result in catastrophic spinal cord injuries even after low-speed bicycle accidents.
Just because bicycles are lighter than motor vehicles does not mean pedestrians don’t suffer serious injuries in bicycle accidents. A personal injury lawyer can fight for your right to obtain financial damages after a life-altering bicycle collision.
Legal Grounds for Obtaining Damages from Cyclists After Pedestrian-Bicycle Accidents
To hold a cyclist liable for your injuries, you must first show that the rider operated the bike negligently or recklessly. Proving fault in pedestrian accident cases involving bicycles most commonly involves a negligence claim. An experienced legal professional can prove a cyclist was negligent by showing that they breached the standard duty of care or violated traffic laws.
General negligence claims require proof that the cyclist had a duty to operate the bike safely, especially in areas with heavy foot traffic, and that the cyclist’s failure to do so resulted in your injuries. Most states require all vehicle operators, including cyclists, to drive safely and carefully as a matter of law. If your lawyer can show that a direct legal violation, such as biking on a pedestrian-only walkway, caused the accident, they can obtain an accelerated negligence per se judgment in your case.
Common examples of rider negligence include unlawful passing, speeding, biking on pedestrian-only sidewalks, failing to call out or signal turns, weaving between pedestrians, unsafe passing, and failing to yield to pedestrians in crosswalks.
Holding Negligent Parties Liable for Pedestrian-Bicycle Crashes
In most states, injured pedestrians cannot obtain damages from auto insurance policies after a bicycle-pedestrian accident. There must be a motor vehicle involved, such as a car that forced a cyclist onto the sidewalk, to trigger auto insurance coverage. However, an experienced pedestrian injury lawyer can fight to maximize the damages available in your case by holding the following parties accountable for a pedestrian bicycle accident.
Property Owner
Uneven pavement and poorly maintained roadways contribute to many bicycle accidents. Potholes and other sidewalk debris can cause the cyclist to lose control and strike an innocent pedestrian. Legal counsel can hold the property owner accountable for your injuries in such cases, which includes making a premises liability claim with the private property insurer or state entity.
Municipality
Not every state is bicycle friendly. Poorly designed roadways without bike lanes or designated pedestrian areas can increase the chances of bicycle-pedestrian accidents. In fact, the CDC reports that roadway design conflicts contribute to nearly 60 percent of fatal pedestrian accidents in the United States. Legal counsel can help you file an administrative claim for damages with the negligent city or town and, if necessary, sue the state for your injuries.
Cyclist’s Employer
Many riders speed because they’re making food or parcel deliveries. This is especially common in large cities, where bikers weave in and out of traffic and onto sidewalks due to delivery deadlines. If a bicycle rider stuck you while making a delivery, you can hold his employer liable for your damages. Most corporate delivery companies, including fast food services, carry liability insurance to cover bicycle accidents. A pedestrian accident attorney can investigate the incident to determine whether the cyclist was making a delivery or working when the accident occurred.
Negligent Drivers
Sometimes, negligent drivers and not cyclists cause bicycle-pedestrian accidents. For example, if a driver strikes a cyclist in a bike lane and the bike is propelled onto the pedestrian walkway. In such cases, you can demand damages from the driver’s auto insurance policy under a legal principle called ‘causation.’
Bicycle Manufactures
Some bicycles cost as much as used cars. They are complex machines with multiple gears and chains directly exposed to road debris and the elements. If the bike contained a critical flaw causing a chain to snap and the resulting accident, legal counsel can hold the bike’s seller, manufacturer, and designer at fault. This is called a products liability claim.
Because determining fault in bicycle-pedestrian accident cases often involves complex liability determinations, seek out a local law firm with experience handling complicated personal injury claims.
Financial Damages Available in Pedestrian Injury Cases
Once a lawyer determines fault and files an appropriate insurance claim or lawsuit, pedestrians injured in bicycle accidents are entitled to personal injury damages. Legal counsel can recover financial compensation for the following:
- Doctor and hospital costs
- Surgeries
- Nursing care
- Medications
- Medical equipment
- Massage, chiropractic, and acupuncture
- Physical and occupational rehabilitation
- Therapy
- Household help
- Lost income and benefits
- Loss of spousal support and comfort
- Pain and suffering
An attorney will submit records indicating your past damages, such as the initial ambulance expenses and future anticipated damages. With the help of your law firm’s trusted medical and economic experts, you may obtain a valuable personal injury settlement while you’re still receiving medical care.
Pain and suffering damages, also called non-economic damages, compensate claimants for the physical pain, emotional trauma, and lost enjoyment of life associated with their injuries. This is an especially important claim in pedestrian accident cases, as many injured pedestrians enjoy the outdoors or do not have another means of transportation.
Serious injuries can impact the victim’s ability to hike, shop, visit friends, and even get to work. You may claim damages for these intangible losses, but it’s important to keep a detailed record of your daily struggles. Speak with a pedestrian accident lawyer about recovering pain and suffering damages in your case.
The Value of Retaining Legal Counsel for Pedestrian Accidents Involving Bicycles
Many cyclists do not have significant financial means. As such, it can be difficult to obtain needed compensation in pedestrian-bicycle accident cases. The lack of ‘deep pocket’ defendants can also make it hard for injured pedestrians to obtain quality legal representation. Finding the right law firm can make all the difference for pedestrians injured by negligent cyclists, as some compassionate lawyers do not shy away from these complex cases. Hiring a dedicated pedestrian accident lawyer often provides personal injury victims with the following benefits.
Determining Fault
An experienced attorney will consider every aspect of fault in pedestrian-bicycle collision cases. This includes inspecting the accident scene for dangerous conditions, determining if the cyclist violated local traffic laws, and analyzing the bike for design flaws. They can also interview the negligent cyclist to determine if they were rushing to make a delivery, which can trigger employer liability. If the cyclist tries to blame you for the accident, your lawyer can fight to show that you had the right of way. The faster-moving rider is generally obligated to take evasive action even if theye did not see the pedestrian until the last minute.
Obtaining High-Value Insurance Settlements
After identifying the at-fault parties, personal injury counsel will prepare insurance settlement packages. These demand letters contain all relevant information regarding fault, such as the police report and medical records proving your damages. They can also contain pay stubs indicating the value of your lost income and opinions regarding your lost earning capacity. Lastly, your lawyer can hire expert witnesses to calculate the value of your future damages and make a final settlement demand. Most viable personal injury claims settle with at-fault insurers, and an experienced legal professional can help maximize the value of your claims.
Providing Legal Representation Without Upfront Fees or Costs
Reputable accident attorneys can provide pedestrians with representation regardless of their ability to pay. This is because pedestrian accident lawyers generally accept cases on a contingency fee basis. This fee structure means you can obtain valuable legal representation without any upfront fees, as your lawyer only gets paid if they recover compensation for you. Additionally, many firms will even cover the initial costs associated with investigations, insurance claims, and litigation. This structure puts innocent pedestrians on even footing with powerful insurance companies and corporate legal teams.
Discuss Fault with a Local Pedestrian Accident Attorney Today
Even low-speed bicycle accidents can cause innocent pedestrians catastrophic injuries. With legal help, injured pedestrians can recover needed compensation from the liable cyclist, delivery company, bicycle manufacturer, or property owner. By retaining a personal injury law firm that handles complex liability claims, you can rest assured that money will not be left on the table.
Do not give up if you suffered an injury in a pedestrian accident involving a bicycle and had your claims rejected. A local injury attorney who takes pedestrian-bicycle collision cases can obtain needed financial compensation for you without any upfront fees or costs.