Struck by a Cyclist? Learn What Your Rights Are

Pedestrian accidents involving cyclists are becoming more common as the popularity of cycling continues to rise. If you've been struck by a cyclist, it's crucial to understand your rights and the steps you can take to ensure you receive the compensation you deserve. Keep reading to learn more about how pedestrian and cyclist accidents are handled in regards to insurance and personal injury claims.

Understanding Pedestrian and Cyclist Accidents

Accidents between pedestrians and cyclists can occur for various reasons, including distracted cycling, failure to yield, or poor visibility. Unlike motor vehicle accidents, these incidents often involve different legal considerations and insurance coverages. Cyclists are typically required to follow the same traffic laws as motor vehicles, and when they fail to do so, they can be held liable for any resulting injuries.

Immediate Steps to Take after Being Struck

If you've been struck by a cyclist, the immediate steps you take can significantly impact your ability to file a successful personal injury claim:

• Seek Medical Attention: Your health is the top priority. Seek medical attention immediately, even if you feel fine. Some injuries may not be immediately apparent.
• Gather Information: Collect the cyclist's contact information, insurance details (if available), and any witness statements. Take photos of the accident scene and your injuries.
• Report the Incident: File a police report to document the incident officially. This can be crucial evidence in your claim.
• Preserve Evidence: Keep all medical records, receipts, and any other documentation related to the accident and your injuries.

Liability and Fault in Cyclist Accidents

Determining liability in pedestrian-cyclist accidents can be complex. Typically, the person who was negligent or failed to follow traffic laws is held liable. Some common scenarios where a cyclist may be found at fault include:

• Riding on the sidewalk where prohibited
• Failing to yield to pedestrians at crosswalks
• Riding against traffic
• Distracted cycling (e.g., using a phone while riding)

However, pedestrians can also be found at fault if they were jaywalking or suddenly entered the cyclist's path without warning. Comparative negligence may apply, where both parties share some degree of fault.

Insurance Coverage for Cyclist Accidents

Unlike motor vehicle drivers, cyclists are not required to carry insurance in most jurisdictions. However, there are several potential sources of coverage that may apply:

• Homeowner's or Renter's Insurance: If the cyclist has homeowner's or renter's insurance, their policy may include personal liability coverage that can cover injuries caused to others. This coverage can help pay for medical expenses, lost wages, and other damages.
• Health Insurance: Your health insurance can cover medical expenses related to your injuries. However, it's important to keep detailed records of your medical treatments and expenses to ensure you can be reimbursed.
• Uninsured or Underinsured Motorist Coverage: In some cases, your own auto insurance policy may include uninsured or underinsured motorist coverage, which can apply if you are injured by a cyclist. This type of coverage can help pay for medical expenses and other damages if the cyclist is uninsured or underinsured.

Filing a Personal Injury Claim

To seek compensation for your injuries, you may need to file a personal injury claim against the cyclist. The process typically involves the following steps:

1. Consult an Attorney: It's advisable to consult a personal injury attorney who specializes in pedestrian accidents. They can help you understand your rights and navigate the legal process.
2. Investigation: Your attorney will investigate the accident, gather evidence, and build a strong case on your behalf.
3. Negotiation: Your attorney will negotiate with the cyclist's insurance company (if applicable) or legal representatives to reach a fair settlement.
4. Litigation: If a fair settlement cannot be reached, your attorney may file a lawsuit and represent you in court.

Types of Compensation

If your claim is successful, you may be entitled to various types of compensation, including:

• Medical Expenses: Coverage for hospital bills, surgeries, rehabilitation, and any other medical treatments related to your injuries.
• Lost Wages: Compensation for income lost due to your inability to work while recovering from your injuries.
• Pain and Suffering: Compensation for physical pain and emotional distress caused by the accident.
• Loss of Enjoyment of Life: Compensation for the impact of the injuries on your quality of life and ability to enjoy activities you previously engaged in.

Being struck by a cyclist can result in serious injuries and significant financial burdens. Understanding your rights and the steps to take following the accident can help ensure you receive the compensation you deserve. If you've been struck by a cyclist and need representation to navigate the complexities of insurance and personal injury claims, contact The Harr Law Firm. Our experienced attorneys are dedicated to helping you secure the compensation you need to recover and move forward with your life.