How do Bicycle Accidents with Pedestrians Differ Legally from Those Involving Cars?

Pedestrians know to be on the lookout for cars as potential hazards in their walking commute, but bicycles may pose additional threats to their safety. Bicyclists traveling on the same routes as pedestrians may also encounter distracted walkers or runners, forcing them to make snap judgments to avoid an accident. Each individual has a duty of care to other commuters despite their mode of transportation.

Bicycle and pedestrian laws significantly influence how pedestrians, bicycles, and motorists share commuting routes. Unfortunately, being hit by a bicycle or a cyclist crashing into a pedestrian due to pedestrian negligence can result in significant injuries.

Contact a Folsom bicycle accident lawyer at Triumph Law with experience in bicycle and pedestrian accidents and recognized for excelling at discovering the compensation options available to injury victims.

Coverage Differs from Car to Bicycle Accidents Involving Pedestrians in California

California requires every car owner to carry minimal insurance coverage on any automobile operating or parked on the roadways. Typically, an at-fault driver’s car insurance covers damages in an accident. An injured pedestrian would seek compensation from the driver’s insurance company for the costs they incurred from the accident.

But what happens when a bicyclist’s actions result in a California pedestrian accident? A pedestrian’s health insurance may cover their injuries, but the insurance company will most likely want to recoup their coverage expenses. Speaking with a personal injury lawyer in California with experience in pedestrian and bicycle accidents will help uncover options for optimal compensation.

Some bicyclists carry insurance specifically for bike riders . However, this type of coverage is rare, and it is unlikely that a bicyclist will have this type of insurance if you are injured as a pedestrian in a bicycle accident. Other options for covering your damages must be explored.

Coverage Under Homeowners or Rental Insurance

The most viable compensation option when a pedestrian is injured in an accident with a bicyclist is coverage provided by a bicyclist’s homeowner or renter’s insurance. Even though the accident occurred away from home, the liability coverage in a homeowner’s or renter’s policy may take effect.

Amounts for homeowner liability coverage vary, but limits for compensation average around $100,000 if someone is injured. This coverage provides protection when someone is hurt on your property or if you accidentally injure someone on or near your property. It will also likely cover damages if you are a bicyclist and injure a pedestrian while commuting.

Significant factors may contribute to a pedestrian’s injuries resulting from a crash with a bicycle. The dynamics of bicycles are changing, with many riders opting for electric bikes, reaching speeds up to 28 mph. Ebikes are categorized into three classes based on the amount of speed assistance the motor provides.

Pedestrian Severe Injury or Death Resulting from a California Bicycle Accident

A pedestrian’s injuries may exceed the damages covered by a bicyclist’s homeowner’s or renter’s policy. While the weight and size of a bicycle are not as substantial as that of a car, the impact can be just as severe. Extensive injuries will likely increase the costs of medical care.

The type of injury a pedestrian suffers will also impact the treatment costs. Injuries requiring the care of specialists and ongoing medical treatment may quickly exceed limits available under homeowner liability coverage. A California personal injury attorney at Triumph Law can investigate additional coverage options such as umbrella insurance policies.

An umbrella policy provides inexpensive coverage options, offering protection for additional costs that exceed liability coverage. Any other applicable insurance policies maintained by the at-fault bicyclist will also be reviewed. Umbrella insurance policies generally provide one million dollars in coverage.

The Common Factor in Bicycle, Pedestrian, and Car Accidents in California

The type of insurance policy covering your injuries may differ depending on who is at fault in a California personal injury accident. However, negligence laws do not change. If you are injured by a bicyclist or a pedestrian in an accident caused by their negligence, contact a personal injury attorney in California who can take the following actions to determine fault:

• Review local and state pedestrian and bicycle laws and apply them to the accident
• Collect video footage from security cameras or eyewitnesses to prove negligence
• Secure cell phone records at the time of the accident
• Conduct interviews with witnesses to the accident

Every individual using public spaces to travel owes a duty of care to others who simultaneously utilize these areas. Anyone using these spaces may be found guilty of negligence. Pedestrians are not exempt from this duty.

Comparative Negligence and a Personal Injury Claim Impacting a Pedestrian or Bicyclist

In California, each party involved in an accident resulting in damages is assigned a percentage of fault. Bicyclists or car drivers often possess greater responsibility for pedestrian injuries in accidents. However, pedestrians should maneuver with an awareness of their safety and others.

A pedestrian or bicyclist found partially negligent in an accident will have any available compensation for their damages reduced by their percentage of fault in an accident. A thorough California personal injury attorney will extensively review the accident to ensure that negligence is appropriately attributed. Otherwise, you risk the threat of losing vital compensation.

A bicyclist suffering injuries due to a pedestrian’s negligent actions would pursue damages under the pedestrian’s homeowner’s or renter’s insurance as well. Talking on the phone, failing to yield, and other actions that pedestrians engage in can result in negligence, contributing to a bicyclist’s personal injury. Effectively recovering damages from a homeowner, rental, or umbrella policy can provide financial relief for the damages you have experienced.

Speak to a California Personal Injury Lawyer 

Insurance coverage for injuries caused by bicyclists or pedestrians is not always straightforward, requiring guidance from a personal injury lawyer in California willing to go the distance. Triumph Law is recognized for its dedication to exploring every option in the most complex accidents, providing exceptional service to its clients. Schedule a free consultation to discuss your damages if you were involved in a bicycle or pedestrian accident in California.