Overview
Pedestrian and bicycle accidents often result in more severe injuries than car-to-car collisions, since there's no steel frame protecting you. Insurance companies sometimes try to blame pedestrians or cyclists for the accident even when the driver is at fault, making documentation and legal representation especially important. Understanding the specific rules that apply to pedestrians and cyclists in your state helps protect your claim.
Frequently Asked Questions
Do pedestrians have different rights than drivers in accident claims?
Yes. Pedestrians have the right of way in crosswalks and when a traffic signal permits them to cross, and drivers are required to see and avoid pedestrians. Even if you were jaywalking, the driver can still be found liable if they had a reasonable opportunity to avoid hitting you. Being a pedestrian doesn't automatically mean the accident was your fault.
What about bicycle accidents?
Cyclists have many of the same rights as drivers on the road and are entitled to a safe riding space. Drivers can be found liable for hitting a cyclist even if the cyclist wasn't following all traffic laws, as long as the driver failed to exercise reasonable care. Bicycle accidents often result in severe injuries, which is why these claims can be significant.
Do I need to be wearing a helmet for my claim to be valid?
Helmet laws vary by state and location. Even if you weren't wearing a helmet, this typically doesn't bar your claim entirely, though an insurance company might argue you contributed to the severity of a head injury by not wearing one. However, many states and localities don't require helmets for adults, so this defense may not apply to you.
How do insurance companies try to deny pedestrian and cyclist claims?
They often argue the pedestrian or cyclist was distracted, not paying attention, or violated traffic laws. They may claim you stepped or rode into traffic unexpectedly. Building a strong case requires witnesses, any available video footage, and evidence of what the driver should have seen and done.
Are pedestrian and cyclist injuries typically more serious?
Yes, without the protection of a vehicle, pedestrians and cyclists are more likely to suffer serious injuries like broken bones, spinal injuries, head trauma, or internal injuries from a collision. This is one reason these claims often settle for significant amounts.
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Get A Free Case Review →This page is for general informational purposes only and does not constitute legal advice. Laws vary by state and every case is different. Contact us to discuss the specific facts of your situation.
