Sorting Out Liability After A Cyclist Accident With A Pedestrian

Posted on: 18 August 2021

Cyclists and pedestrians are expected to follow rules. When you are a pedestrian and you're struck unexpectedly by a cyclist, you might wonder which party is at fault. You will want to consult with personal injury services because this depends on the specifics of how the accident occurred.

Pedestrian Right-Of-Way

A pedestrian is allowed to use a sidewalk and is also allowed to cross the street while using a crosswalk. If you are in one of these situations, an individual riding a bike would be at fault for crashing into you and you would be entitled to any injuries you suffer as a result. 

Mistakes to Avoid Making as a Pedestrian

You will want to avoid leaving the curb suddenly and abruptly. You will want to remain on the right half of the crosswalk. You must not violate laws such as engaging in jaywalking. 

Rules a Cyclist Must Follow

A cyclist has many of the same rights and responsibilities that a motorist has and must yield to pedestrians. However, a cyclist is also allowed to ride their bike in areas that a motorist cannot. For example, a cyclist is allowed to ride their bike on a trail or sometimes on a sidewalk. 

However, when a cyclist is sharing a sidewalk or a bike trail with a pedestrian, the cyclist is expected to yield to the pedestrian. If you are hit by a cyclist who is being reckless and the collision leads to you becoming injured, you may be entitled to compensation for your injuries.

How to Seek Compensation

The first step will be to exchange contact information with the cyclist and any witnesses. Then, you should receive medical treatment and inform your medical care provider on how you were injured. 

You will then want to discuss with a personal injury attorney the facts of the case. First, you will need to be certain that you will be able to win your personal injury case. You will also need to determine if the cyclist has the assets necessary so that you can be compensated for your injuries. Because the cyclist will likely not be covered by insurance, you will need to reach a settlement.

However, if the cyclist does not have the assets necessary to pay for your expenses, you may need to settle for less and you will then need to pay for your medical expenses with your own health insurance provider.

Contact an attorney like Franklin L. Jones, Jr. to learn more.