Generally, when someone thinks of a car accident they think of an accident that involves two cars. The fact remains that some car accidents involve bikes and pedestrians. If you are involved in an accident with a cyclist or a pedestrian you need to know what to do. This article discusses what you need to know about bike and pedestrian accidents.
If you have any other questions about this article you should contact the lawyers at Hutchison & Stoy. The Warriors For Justice offer free case consultations.
What are Common Bike Accidents?
Bike accidents can happen in a variety of different ways. One common type of bike accident is referred to as the right hook. In this scenario, a cyclist is riding in the bike lane and a vehicle passes the cyclist. After passing the cyclist, the vehicle makes a right turn and the cyclist strikes the vehicle.
Another type of bike accident occurs when the vehicle turns left directly into the path of the cyclist. This can also occur at a stop sign. In this scenario, the cyclist has the right-of-way and then a vehicle fails to stop at a stop sign.
A third accident occurs when a driver of a parked car opens their door directly in front of the cyclist.
It is also possible for the cyclist to be responsible for the accident. For example, the cyclist could dart into an intersection and the vehicle could attempt to stop but be unable to put the brakes on it time.
Sometimes determining who is at fault for an accident can be difficult. If you have been involved in a bike accident, you should contact a lawyer. An experienced personal injury attorney will be able to help you determine who was at fault for an accident.
Is there a Way to Prevent Bike Accidents?
Unfortunately, accidents happen. But, there are steps that you can take to help you stay safe. First you should maximize your visibility. Wear clothing that is visible in the dark. And make sure that there is a light attached to your bike if you are riding at night.
You should also keep a lookout for reckless drivers. When you are approaching an intersection, you should look both ways before you make a turn. You should make this a habit even if you have the right of way. You should also make sure that you are able to apply your breaks quickly if you are entering an intersection.
Do Pedestrian Accidents Actually Occur in the United States?
Many people underestimate the amount of pedestrian accidents that occur in the United States every year. Sadly, nearly 5,000 people lose their lives as a result of a pedestrian accident each year, according to the National Highway Traffic Safety Association. Many more people are injured.
It is important to know what your legal rights are after a pedestrian accident. If you are left with any additional questions after you have read this article, you should contact the lawyers at Hutchison & Stoy. Our experienced personal injury lawyers are ready to fight for you to receive adequate compensation for your injuries.
Can I sue for Negligence if I was Involved in a Pedestrian Accident?
A pedestrian can recover damages following an accident under a negligence theory if the plaintiff can prove (by a preponderance of the evidence) every element of negligence. First, the plaintiff will have to prove that the driver owed the plaintiff a legal duty. Next, the plaintiff must prove that the legal duty was breached. Third, the plaintiff must prove that the breach was the cause of the accident. Lastly, the plaintiff must prove that the plaintiff suffered damages as a result of the accident.
Who can I sue in a Pedestrian Accident?
The pedestrian can sue the driver of the vehicle that hit the pedestrian. The pedestrian may also be able to sue the person who is responsible for maintaining the sidewalk in certain circumstances.
Can the Pedestrian be at Fault for an Accident?
It is possible that the defendant will try to claim that the plaintiff was at fault for the accident. For instance, the defendant may claim that the plaintiff’s damages should be reduced because of contributory negligence. Here, the defendant will claim that the plaintiff did not take reasonable care to avoid injury. For example, the plaintiff could have run in front of the driver.
If the driver of the vehicle that hit you (or their insurance) is claiming that your damages should be reduced because of contributory negligence you should speak to an attorney. An experienced attorney will be able to assist you in proving that your damages should not be reduced.
What type of Compensation can Plaintiffs receive in Bike and Pedestrian Accidents?
There are two different types of damages that plaintiffs can receive in a bike or a pedestrian accident. First, plaintiffs can receive economic damages. These are designed to compensate the plaintiff for their out of pocket expenses that they incurred because of the accident. Economic damages can include medical bills, damage to property, cost of medication, cost of therapy or rehabilitation, and damages for lost wages.
Plaintiffs can also recover for non-economic damages. Non-economic damages cover pain and suffering, loss of enjoyment of life, and loss of consortium.
An experienced personal injury attorney will be able to assist you in obtaining adequate compensation for the injuries that you suffered because of a bike or pedestrian accident.
Is There Anything I can do to Avoid Pedestrian Accidents?
There are a few things that you can do to increase your safety on the road. First, you can use sidewalks and cross walks. Before you cross a street, you should look both ways to determine whether there are any cars coming. Finally, when you are crossing the street at a light make sure you wait for the signal that it is safe to cross.
If you have been involved in an accident with a bike or a pedestrian, you should contact an experienced personal injury attorney. The lawyers at Hutchison & Stoy are happy to answer any questions you might have about your case.