When pedestrians are present during heavy traffic, their chances of getting involved in an accident are fairly high. Oftentimes, a pedestrian accident is triggered by a motor vehicle, however, bicyclists have also been found to crash into a pedestrian. Even though a bicycle does not carry as much weight and power as a standard vehicle, the intensity of the impact could cause the pedestrian to suffer from serious injuries.
Below, we created a list of important steps a pedestrian should consider taking if ever involved in an accident with a bicyclist. Victims of a pedestrian and bicycle accident are welcomed to contact our expert Los Angeles pedestrian accident attorneys at West Coast Trial Lawyers. We will assess your case to determine what necessary courses of action you should take in order to acquire fair compensation.
4 Steps to Take After a Pedestrian Hit by a Bicyclist Accident
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, an expert Los Angeles pedestrian accident attorney at West Coast Trial Lawyers can help you get compensation for the losses you have suffered, which includes medical bills, lost wages, pain and suffering, and more.