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What Happens When a Bicyclist Hits a Pedestrian in an Accident?

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 injury attorneys from West Coast Trial Lawyers 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


  1. Get emergency help - call the police to file an accident report and get an ambulance if necessary. If you are able to, call 911 if you are unable to due to your injuries or other circumstances, ask verbally that someone call 911 for you. 
  2. Exchange contact information and insurance information with the parties involved. This is an essential step to take - although the police should come on scene to make the official accident report, it is best to also personally record the information of the other people involved in the accident and of any witnesses involved. This information is what you will need when you make an accident insurance claim. 
  3. Get Pictures of the accident and injuries. Having proof of the scene of the accident and of the injuries sustained can help strengthen your claim and build a case if you proceed to pursue one down the line. 
  4. Consult an experienced pedestrian accident attorney as soon as possible. An attorney can help determine liability in a case and help victims of an accident navigate the complicated insurance claim processes. They can assist you in building your case and filing an insurance claim to assure that you get the maximum compensation available for the damages incurred due to the injuries sustained from the accident. 

Who’s Liable When a Bicyclist Hits a Pedestrian?


Everybody owes a duty of care to one another while out on the road - bicyclists and pedestrians included. California is a fault state, meaning that somebody must be 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 causing an accident. This means that bicyclists can be found liable for causing an accident if they breached their duty of care, which means if they violated a law or were riding recklessly in such a way that caused the accident. It also means that a pedestrian can be found liable for causing an accident if they violated a law or were walking recklessly, such as jaywalking across the street, for example.

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 by law for bicyclists to have insurance on their transportation device. So how can someone receive compensation for their injuries from a bicyclist that caused them? It depends on whether or not they have other types of insurance, or none at all. If a bicyclist has other forms of insurance, such as home or umbrella insurance coverage, depending on the clauses of their insurance bike accidents may be covered. A victim of a bike accident from a cyclist with some other form of insurance could still file an insurance claim against them. If a bicyclist has no insurance, a victim of an accident could file a lawsuit against the cyclist and seek compensation from them through the form of wage garnishment and other forms.

What Happens if the Bicyclist Commited a Hit and Run?


If a bicyclist commits a hit and run, leaving the victim of a pedestrian accident injured at the scene, it could complicate the case, though it is not impossible to pursue one. An experienced pedestrian accident attorney can work with investigators and witnesses to locate the perpetrator of the hit and run, find their insurance information, and help the victim of the pedestrian accident get the financial compensation that they deserve.

Need a Pedestrian Accident Injury Attorney? West Coast Trial Lawyers Can Help


If you have sustained injuries in the as a result of a pedestrian accident, our experienced team of pedestrian accident injury attorneys at West Coast Trial Lawyers can help you recover financial 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 expert personal injury legal team.

CONTACT WEST COAST TRIAL LAWYERS TODAY


If you have been injured in an accident, you can count on the legal team at West Coast Trial Lawyers to fight for your rights every step of the way. Contact us today to schedule your free case evaluation with a personal injury attorney.
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