Whenever we leave our houses, we tend to take the roads, lanes, sidewalks, or highways. Thus, whenever you are riding or driving, it automatically becomes your responsibility to watch the safety of others sharing the same streets and roads as yours. Bike and pedestrian-related accidents are, unfortunately, primarily standard these days; in most cases, bike riders cause more harm to pedestrians, starting from fractures to deadly collisions. Read more to learn who is to be stated liable for bike and pedestrian accidents. If you are involved in such a case, contact Murphy Trial Law for experienced lawyers and consultancy.
Who is to be stated liable for bike and pedestrian wrecks?
When there is a severe situation related to pedestrian and bike accidents, there are two significant factors based on which one of them can be held liable; one is when it is the fault of the cyclist, and the other is when the fault is of the pedestrian.
- The situation in which the biker can be stated as liable.
If the biker hits the pedestrian in these subsequent situations, like if the pedestrian is found crossing the road or intersections, marked or unmarked. Secondly, if pedestrians are found crossing the residential road exterior of the crosswalks. Or when the rider is seen riding in shared streets. All these situations involve the bikers being usually stated as liable for any damages or in cases of distracted or reckless riding.
- The situation in which the pedestrian can be stated as liable.
Situations in which pedestrians can be held liable are when the pedestrians are seen crossing heavily trafficked roads or if the street is busy. Or when they suddenly dart out on the road, this involves doing kinds of stuff like being distracted while walking on the streets or walking on the wrong side of the road. In these cases, the pedestrian can be held responsible for the accident causing all the damages.
What should be the next step after the mishap?
If you are the pedestrian involved in such type of bike and pedestrian accident and if you are seriously injured, the first thing that you must do is to stay calm and try to stay mentally stable in that situation.
- Get medical help
Seek medical help in that time of emergency; even if you may think you are not heavily injured, you must call for medical help since internal injuries are not often instantly visible.
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- Inform the police
The next thing to do is to inform the police instantly of that area and make sure that the accident has been recorded. Also, you must seek information about the rider involved, his name, address, and the information related to the insurance provider.
- Talk to your lawyer
Do not have any unnecessary conversations with your family or friends at that time. Also, avoid making any direct conversations with the rider’s lawyers or the insurance company involved. Hire an experienced and trustworthy lawyer for yourself since dealing with your case can be complicated, and any unwanted conversations with the lawyers or insurance company on the rider’s side may make false allegations against you.
In general, who is liable for accidents involving the rider and pedestrian?
In such bike and pedestrian accident cases, the rider is usually held responsible. The fault has to be determined on the basis of the movements of both the pedestrian and rider. Factors mainly involve cases of negligent, distracted, or reckless riding and disobeying traffic rules during the time of decision-making, which should be held responsible for the accident.
In some cases, can both the pedestrian and the bike rider be held responsible?
Cases like these are termed “comparative negligence.”, in which both the parties are equally held responsible for the damage and injuries caused by the accident. Sometimes, the percentage of involvement can be increased or decreased due to negligence.
