Both cyclists and pedestrians have rights and responsibilities when they use the same areas. Cyclists are generally expected to yield to pedestrians, alert them when passing, and slow down shared spaces. But, just because someone is on a bike, it doesn’t mean they’re automatically to blame for an accident.
Pedestrians must follow traffic signals, use crosswalks, and avoid stepping into bike lanes without ensuring it is safe to do so. If they choose to ignore these rules or get aggressive, they could find themselves legally responsible for bicycle accidents that happen.
Most states use comparative negligence to assign fault in these accidents. Rather than placing all blame on one party, a court or insurance adjuster determines each person’s percentage of responsibility, and compensation is reduced accordingly. For example, a pedestrian found 70% at fault for stepping into a bike lane leaves the cyclist recovering 70% of their damages. In some states, being more than 50% at fault bars recovery entirely. The specific bicycle laws in your state play a significant role, so gathering strong evidence (surveillance footage, witness statements, police reports) early on is critical for building a solid claim.