Pedestrian Hit by Cyclist Accident
Follow These 4 Steps if You’re a Pedestrian Hit by a Bike
When out on the street, pedestrians are surrounded by the busy hub of movement from cars, buses, motorcycles, and bikes while they can be hit by anyone of these forms of transportation in the case of an accident. What happens when a pedestrian gets hit by a bicyclist? Unlike other forms of transportation, it is not required nor is it very common that bicyclists have insurance for their bike. So what does a pedestrian do then? Below, our expert team of pedestrian accident attorneys from West Coast Trial Lawyers will break down what processes a pedestrian should take after getting hit by a bicyclist in order to recover well and get the compensation that they deserve.
4 Steps to Take After a Pedestrian Hit by a Bicyclist Accident
- Get emergency help. Call the local authorities. Once the police arrive, they will file an official police report. You may request to receive a copy of this report to use as a piece of evidence to include in your claim. Paramedics may also arrive to treat those who are suffering from injuries caused by the accident.
- Exchange contact and insurance information with all parties involved in the crash. It is best to attain personal information from other parties who contributed to the accident, along with any witnesses nearby. The more details you include in your claim, the better your chances will be of receiving a fair amount of compensation to cover for damages caused by the collision.
- Take pictures. Make sure to photograph evidence of the accident and its aftermath. This includes taking pictures of your injuries, property damage, and where the crash took place.
- Consult an experienced pedestrian accident attorney as soon as possible. An attorney will guide you through the process of building your claim, along with getting you the compensation you deserve to cover for economic and non-economic damages.
Who’s Liable When a Bicyclist Hits a Pedestrian?
Everybody owes a duty of care to one another while out on the road, including bicyclists and pedestrians. Since California is identified as a fault state, there must be someone who is found liable for causing an accident. California is also a comparative negligence state, which means that more than one person can be found liable for contributing to a crash. If a bicyclist is involved in an accident and was caught breaching their duty of care, such as violating the law or riding recklessly, then they will have their coverages reduced based on the level of severity of their negligence. This also applies to pedestrians. If a pedestrian is caught jaywalking on the street and gets into a collision, they will not receive full compensation to cover for damages partially or fully caused by their decision to break the law.
What if the Bicyclist Doesn’t Have Bike Insurance?
While other forms of transportation, such as cars, buses, and motorcycles, require insurance for their drivers, it is not required for bicyclists. Now you may be thinking, how can someone receive compensation for their injuries from a bicyclist who was at-fault for causing the accident? It depends on whether or not they have insurance. If a bicyclist has insurance, such as home or umbrella insurance, the bicyclist could cover the damages they caused. If a bicyclist has no insurance, the victim can still file a lawsuit against the bicyclist and seek compensation through wage garnishment and other forms.
What Happens if the Bicyclist Committed a Hit and Run?
If a bicyclist commits a hit and run accident and leaves the victim at the scene of the crime, it could complicate the case. However, it is not impossible to pursue one. An experienced pedestrian accident attorney can work with investigators and witnesses to locate the perpetrator, find their insurance information, and help the victim get the compensation that they deserve.
Need a Pedestrian Accident Attorney? West Coast Trial Lawyers Can Help
If you have sustained injuries as a result of a pedestrian accident, our expert team of pedestrian accident attorneys at West Coast Trial Lawyers can help you recover compensation for the losses you have suffered, including medical bills, property damage, lost wages, and pain and suffering. Call us today at (888) 341-9802 or email [email protected] to schedule a free consultation with our experienced, caring, and compassionate legal team.