Cyclists may suffer concussions or traumatic brain injuries when trying to avoid a collision. A quick turn or a sudden stop can send them headfirst into the ground or other surfaces around them.
Bicycle vs Pedestrian Accident Lawyer
In a bicycle accident, cyclists may face blame even when the pedestrian’s negligence contributed to the accident. Whether you were injured by a careless pedestrian or being accused wrongly, we know how to protect your rights.
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Common Causes of Bicycle Accidents with Pedestrians
While encounters with pedestrians are mostly harmless, unpredictable pedestrian behavior, whether intentional or not, can occasionally lead to dangerous situations. Consider these examples:
- A pedestrian may unexpectedly move into a cyclist’s path, leaving the cyclist with little time to react. Whether intentional or accidental, this can cause a bicycle accident.
- In crowded areas, people may occasionally push each other right into the path of a cyclist. It may result in bicycle riders crashing into a pedestrian.
- Aggressive behavior by pedestrians, such as shouting, intentionally approaching bikes, or obstructing a cyclist’s path, can pressure cyclists into making sudden decisions that increase the risk of an accident.
Proving intentional pedestrian behavior in legal cases can be challenging, as intent is often difficult to establish. However, an experienced lawyer will be able to gather evidence and prove that the cyclist is not at fault in case the bicycle accident was a pedestrian’s fault.
Injuries from a Bicycle Pedestrian Accident?
A collision with a pedestrian can throw riders off their bikes, causing severe injuries even at low speeds. Here are the main types of possible injuries:
Cyclists often extend their arms instinctively during a fall, which can transmit force to the shoulder and collarbone. This can lead to fractures or broken collarbones or shoulders.
When they’re forced off their bikes by sudden pedestrian actions, cyclists usually land on their hands. This can cause broken wrists and sprained fingers.
Sudden stops and swerves can hurt knee ligaments and cause more severe injuries to the legs, such as fractures or muscle damage.
While helmets protect the skull, the face remains vulnerable during a fall. Facial injuries include dental issues, broken nose, and cuts.
Bicyclists may suffer chest injuries when falling from their bike. A sudden stop can send them headfirst into the ground and cause serious chest injuries.
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What to Do After a Bicycle Accident with a Pedestrian?
Even if you think the incident was minor, proper documentation is essential, as in some cases, pedestrians may later claim the cyclist was at fault. Follow these steps to protect yourself:
- Check for injuries. First, make sure you and the pedestrian are safe and sound. Even if you feel fine, adrenaline can hide the pain. Call an ambulance if anyone needs medical care. Avoid making statements that could be interpreted as an admission of fault. Remain calm and focus on ensuring safety and proper documentation.
- Document the scene. If possible, take photos of the exact location, any marks on the ground, your bike’s condition, any visible injuries, and the surrounding area. Check if there are any security cameras nearby.
- Gather witness information. If someone observed the crash, get their contact information. Witnesses may leave fast, but their testimony can provide an objective account of the incident, which may be crucial if conflicting versions of the event arise later.
- File a police report. They will create an official record of the incident you can later use in case distorted witness testimony appears or there are disputes about fault.
- Contact an experienced bicycle accident lawyer. A lawyer who understands the specifics of bicycle accident cases can protect your rights, especially when pedestrians try to shift blame.
Who Is Responsible When a Pedestrian Causes a Bicycle Accident?
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.
- Pedestrian
- Cyclist
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.
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What Damages Could Be Recovered in the Bicycle Crash with a Pedestrian?
Many cyclists face both injuries and unfair blame after pedestrian crashes. Whether someone stepped into your path without looking or deliberately caused a crash, you have the right to seek compensation for your losses.
If a pedestrian’s negligence causes a bike accident, you may be entitled to recover medical expenses. This includes emergency room visits, follow-up appointments, physical therapy, and any ongoing treatment you need.
You may recover compensation for lost wages, including missed workdays, overtime, and bonuses, provided you can document the missed income with pay stubs, employment records, or employer testimony. If your injuries affect your ability to do your job long-term, you can also claim compensation for reduced earning capacity.
Getting into a crash with pedestrians can lead to serious physical pain and even heavy emotional distress. You may be entitled to compensation for physical and mental discomfort, which includes pain, emotional distress, and the broader impact on your quality of life. The amount awarded varies based on the severity and documentation of your injuries.
There’s a good chance your bike and gear got damaged in the crash. You may recover compensation for property damage, including the cost of repairing or replacing your bike, helmet, clothing, phone, and other personal items.
Finally, you can also receive compensation for any lasting changes to your appearance, including scars from road rash, surgical scars, or other permanent marks. This may cover both the physical changes and emotional impact.
What Can a Lawyer Do for Your Bicycle vs Pedestrian Case?
A good bicycle accident lawyer knows how to stand up for your rights. Here’s how we help you get a fair compensation:
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Document Your Damages
We make sure to document all your losses, from medical bills and lost work time to your damaged bike. This lets us secure maximum compensation for everything this accident has cost you, depending on the evidence provided and applicable laws.
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Handle Insurance Issues
Our bicycle accident law firm is experienced in dealing with insurance adjusters and tactics designed to minimize payouts. Focus on recovery, and we’ll protect your interests to ensure you receive fair compensation.
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Fight False Claims
If the pedestrian changes their story or makes inaccurate claims, we use the evidence gathered to demonstrate what happened in reality.
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Negotiate a Fair Settlement
Whether we’re communicating with insurance companies or the pedestrian’s lawyers, we’re here to stand up for what you deserve. If settlement negotiations fail to yield a fair outcome, our bicycle accident attorneys are ready to advocate for you in court.
Our Settlements
Our experienced attorneys work tirelessly to hold negligent parties accountable and ensure that victims receive the compensation they deserve for medical expenses.
How to Choose a Lawyer for a Bicycle Accident with a Pedestrian Case?
While general personal injury attorneys may take care of your case, bike accidents with pedestrians need some expertise in these practice areas. Here are the specific qualities to look for in your potential lawyer.
Ensure your attorney is actively involved in cycling advocacy and manages cases with both cyclists and pedestrians.
Your lawyer must understand local and state bicycle laws, which is crucial for building a case and determining the fault based on the specifics of the incident.
Experience counts because these types of accidents need specific knowledge that only comes from dealing with similar cases over and over.
Feel free to ask about their wins in bike accident cases. A good lawyer should be able to share examples of cases where they helped cyclists get fair compensation.
Contact Our Bicycle vs Pedestrian Accident Lawyers for a Free Consultation!
Dealing with serious injuries and false claims after a pedestrian causes your bicycle accident? Our experience with bicycle-pedestrian accident cases allows us to foresee and effectively counter strategies that might unfairly place blame on cyclists. We’re here to explore your legal options and provide guidance on protecting your rights. Contact us for a consultation!
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If you’re a cyclist who has been in an accident, call today for a free initial consult about your legal claim. We’re here to help with your legal questions. Contact our law firm for coast-to-coast bike accident and personal injury representation.
We will do our best to reach you out as soon as possible