When there is a crash between a cyclist and a pedestrian, the blame naturally falls on the cyclist. However, depending on the situation, you may still be at fault even if a cyclist hits and injures you in a crash.
After the collision, there will be an investigation to determine what happened and who breached their duty of care.
Pedestrian-cyclist accidents are common; these collisions injure or kill hundreds of cyclists and pedestrians each year. “If a cyclist injured you, you can claim compensation if you prove that the cyclist was completely at fault,” says attorney Felix Gonzalez.
Let’s look at what happens when cyclists collide with pedestrians and who can be held liable.
Pedestrian-Cyclist vs. Pedestrian-Vehicle Collision
A pedestrian-cyclist accident is different from a pedestrian-vehicle crash. When a car hits a pedestrian, the latter can claim compensation against the driver. The victim will investigate and gather evidence against the driver, hire a lawyer, and try to settle the claim out of court.
If settlement out of court is not feasible, the victim can take the at-fault driver to court. The victim can claim against the driver’s insurance company for compensation for emotional and physical damages.
Contrarily, when a cyclist hits a pedestrian, there is no insurance company to file a claim against; cyclists do not have insurance. Nevertheless, the pedestrian can still file a claim to obtain compensation.
Determining the Cyclist’s Fault
Although cyclists do not have insurance, some of them have home insurance policies. As such, the victim in this pedestrian-cyclist collision can claim the cyclist’s home insurance company. They can recover compensation for damages if they prove that the cyclist is liable for the crash.
The pedestrian should file a claim if the cyclist did not yield the right of way or was speeding. They can also file if the cyclist ran a red light or stop sign, was distracted, or was driving under the influence. You can also claim damages if the cyclist did not follow traffic rules or rode a badly maintained bike.
However, it would be challenging to claim compensation if the cyclist does not have insurance. You should hire a lawyer to help you determine if the cyclist has insurance.
Determining the Pedestrian’s Fault
Occasionally, the crash is the pedestrian’s fault, even if they are the only one injured. Hence, after the collision, an investigation will determine whether the cyclist or pedestrian is to blame.
Instances where a pedestrian is to blame in a pedestrian-cyclist collision include when a pedestrian suddenly runs into a bike lane. In this instance, a cyclist may run into and injure the pedestrian, but the latter is to blame.
Proving Liability as a Pedestrian
You must prove liability when you, the pedestrian, are the victim in a pedestrian-cyclist collision. As a pedestrian, you are also a road user and have a duty of care to other road users. For example, you should always use sidewalks and obey traffic signals.
However, even when you fulfill your duty of care, accidents that are not your fault can still happen. For instance, not all roads have special bike lanes, which means that bicyclists must use the sidewalk. This situation can result in an accident, which can be your fault, the cyclist’s, or neither of your fault.
If you can prove liability on the cyclist’s part, you can file a lawsuit against them. However, you need rock-solid proof that the cyclist was negligent, like entering a sidewalk without adequate warning.
Conclusion
Pedestrian-cyclist collisions are common. While filing a claim for such an incident isn’t practical, victims can still secure compensation for damages incurred. By determining fault and proving liability with the help of a reliable attorney, you can ensure a favorable outcome that will allow you to move on with your life.