A pedestrian-bicycle collision is not uncommon, although most bicycle accidents involve other vehicles. In such cases, where mostly the cyclist is responsible, the pedestrian can sometimes be at fault for causing the accident. Here, the latter can both be the victim and the responsible party. So what happens if a pedestrian causes a bicycle accident? Being a cyclist, you have the right to prove the pedestrian’s responsibility to be completely exempted from your liability, and only a bicycle accident lawyer can help you with that.
Here’s an explanation of what happens when a pedestrian causes a bicycle accident!
What Happens if a Pedestrian Causes a Bicycle Accident?
Although it may not seem like it, this situation is usually quite recurrent, involving bicycle accidents. It happens when a cyclist hits a person walking and commits an infraction that causes the crash, such as crossing a road without using the crossings or when the traffic light is red with the pedestrian symbol.
When a cyclist hits a pedestrian, it is important to determine if the responsibility lies with the pedestrian or if the cyclist is also partly at fault. To do this, it is necessary to check if there has been any type of negligence in the victim’s movements and if the cyclist was driving according to the rules of the road.
Although it may seem unlikely, a cyclist hit by a pedestrian can also suffer severe damage. A cyclist going at a certain speed has little time to slow down to avoid a collision if a pedestrian steps into its path abruptly. To be exempt from liability, the cyclist must prove the pedestrian’s negligence as the accident’s cause and that there was no way they could have slowed down or stopped in time.
In such a case, a cyclist can seek legal assistance and talk to a personal injury attorney, especially if the pedestrian is unwilling to accept their fault and demand compensation for their damage.
If it is shown that the accident occurred due to the passerby’s exclusive fault, there is no doubt as to who should pay for the damage caused.
Pedestrian Compensation
In a bicycle accident caused by a pedestrian, it must be taken into account that the same parameters are not used to determine their level of responsibility as in the case of the driver of a vehicle. Although a bicycle does not constitute a potential risk to the integrity of people as a car, it can do more damage to the pedestrian than the pedestrian could do to it. Therefore, the pedestrian’s guilt must be lower than the cyclist’s.
Thus, the cyclist must be completely exempt from liability for the pedestrian to assume the corresponding compensation. This circumstance only occurs when the pedestrian acts in such a way that a bicycle hit is inevitable. Given the entity of the pedestrian’s conduct, nothing can be blamed on the cyclist.
When the accident occurs in this way, the cyclist is exempted from paying compensation for damages suffered by the pedestrian. Since the injuries are due to their own infraction, they must bear all the recovery costs. In addition, the pedestrian is also obliged to compensate the cyclist for the damages caused to the person and the bicycle as a result of the accident.
Proving liability in an accident is all about producing enough evidence. If you’re a cyclist who a pedestrian hit, you must gather the evidence from the site, including the police reports, your injuries photographs, witnesses’ statements, if any, and other evidence to prove your claim. A personal injury lawyer can help collect evidence if you fail to gather it.
Talk to a Bicycle Accident Lawyer to Prove the Pedestrian’s Liability!
If you’re a cyclist who was hit by a pedestrian and want legal assistance from an experienced bicycle accident attorney, contact Bourassa Law Group. We are a leading personal injury law firm in Nevada with a skilled team of personal injury attorneys experienced in dealing with bicycle accidents.
Call 800-870-8910 or click here to contact us now.
