Cyclists are not the only ones who get hurt in traffic accidents. Sometimes a pedestrian gets struck by a negligent bicyclist and suffers serious injuries. To recover medical costs, the injured pedestrian must prove liability and identify the responsible party. Insurance companies, however, focus on which person failed to meet their duty of care before deciding the outcome of the claim.
Cyclist’s Duty of Care
To show that a cyclist caused the pedestrian’s injuries, the pedestrian must prove that the cyclist acted irresponsibly or negligently. Common examples of cyclist negligence include:
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Rolling through a red light or stop sign
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Riding while under the influence of drugs or alcohol
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Skipping safety gear such as a helmet or failing to use lights at night
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Ignoring traffic signs or laws
Cyclists must follow the same traffic laws as motor vehicle drivers. For example, California cyclists must stop at red lights and proceed carefully in pedestrian-heavy areas. If a cyclist engages in any of the negligent behaviors listed above, they may be responsible for injuries caused during a bicycle-pedestrian collision.
Pedestrian’s Duty of Care
Pedestrians also have an obligation to act safely. They must use crosswalks, follow traffic signals, and stay alert to their surroundings. Common forms of pedestrian negligence include:
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Intoxication
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Ignoring traffic rules or signals
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Crossing streets outside marked crosswalks
Weather conditions may obstruct a pedestrian’s visibility, and an insurer may consider this during the claims process. Still, pedestrians must stay aware and use designated areas to cross safely. After an accident, cyclists who believe a pedestrian acted negligently should document the scene to protect themselves from liability.
Speak With an Experienced Personal Injury Attorney
If a cyclist struck you and you are unsure who is responsible for your injuries, contact the personal injury lawyers at Van Egmond & Heitlinger, APC . We will help you understand your options and guide you through your personal injury claim. Reach out today to start moving forward.