Have you or a loved one been injured by a vehicle while walking or riding a bicycle? The driver might be liable. The road rules, the accident’s severity and other causal factors all play a role in knowing who is at fault in pedestrian or bike accidents involving vehicles. Here are a few things you need to know about who is at fault in an accident involving a motorist and a pedestrian or cyclist.
When a cyclist and a vehicle are involved in an accident, the rules of the road are typically used to determine fault. For example, cyclists are usually at fault if they failed to stop at a sign or red light, were riding between lanes or on the sidewalk before suddenly crossing the road or merging into traffic.
The cyclist could also be at fault if they were not wearing reflective gear or using functional headlights.
A pedestrian might be at fault if they do not use designated crossings or wait for the green light to cross the road.
A driver is usually at fault if an accident occurs because they are texting, eating, listening to music, using a GPS or otherwise not paying attention while operating a motor vehicle. Therefore, it is crucial to be aware of any stipulations imposed by local law regarding liability in accidents of this nature.
The local government could be held liable for negligent road maintenance if an accident was precipitated by something like a pothole or piece of debris on the road.
The Procedure to Follow When the Cyclist Is Responsible
As with any auto accident, the primary concern is the safety of those involved. In a collision between a pedestrian and a vehicle or bicycle and a vehicle, the person walking or cyclist will almost always be hurt. However, the driver could get hurt if they slammed on the brakes and the airbags deploy, or they get whiplash. In addition, the car can sustain damage.
If the at-fault pedestrian or cyclist does not have auto insurance, they will have to pay out of pocket for injuries to the driver or to have the car repaired. Therefore, having a lawyer review the case is a good idea — not because the defendant wants to avoid paying for the damages they caused, but because it gives them peace of mind that they will not be liable for anything beyond what the law specifies.
Tips for Pedestrians and Cyclists When a Driver Causes an Accident
When a motorist is at fault, a pedestrian or cyclist will likely have to negotiate compensation for damages with their insurance provider. Since the insurance company will have its own lawyers looking out for their best interests, you should hire your own lawyer.
The pedestrian or cyclist should seek emergency medical attention at a hospital and see a regular doctor within the next few days to check for any hidden injuries that could become more of a chronic problem. The cyclist should take notes on everything said or done after the accident and then wait for a police report detailing what happened based on what each party said and what witnesses saw.
Get in touch with Race Law Firm to find out if you have a case after being involved in a pedestrian or bike versus vehicle accident.
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