Because of the busy, trafficked, Southern California roads, biking is a common mode of transportation. Not only is it a great way to commute, but it is also a fun and popular form of exercise. Though not a vehicle, cyclists must still follow specific traffic rules to avoid collisions.
Commonly, collisions involving cyclists occur with cars. However, collisions involving a cyclist and pedestrians can and do occur. Cyclists can travel at high speeds, carelessly break traffic rules, or negligently ride in a way that can put pedestrians at risk. When a cyclist and pedestrian accident occurs, it can be difficult to determine who is at fault, and thus who is responsible for compensating for injuries that occur in the accident.
When is a Cyclist at Fault?
When a cyclist rides, that cyclist owes a legal duty of care to those around them—this includes cars, other cyclists, and of course pedestrians. What this means is that cyclists must take reasonable care in the way they are riding and avoid riding in a way that can harm others. If a cyclist rides in a careless or negligent way, and does not take reasonable care in riding, they can be found at fault if they run into a pedestrian and cause injuries.
A few ways a cyclist could be found negligent and thus at fault for a pedestrian collision include if:
- The cyclist fails to stop at a stop sign
- The cyclist fails to yield for pedestrians at a crosswalk
- The cyclist is riding where they are not supposed to be riding
- The cyclist fails to obey the speed limit
- The cyclist is distracted and not paying proper attention
If a cyclist is negligent in one of these ways or in any other way, and this causes the cyclist to collide with a pedestrian, the cyclist will be responsible for the pedestrian’s injuries caused by the accident.
Getting Compensation for Your Injuries
When you are injured due to the fault of another person, you can receive compensation for your injuries by bringing a Los Angeles personal injury claim against the party responsible. In this example, if you are a pedestrian and are hit by a negligent cyclist, you can receive compensation for your injuries.
To receive compensation for your injuries, you will need to prove that the cyclist was negligent at the time of the accident. This can be done by showing the cyclist was acting in one of the negligent ways listed above, or some other negligent way. However, in this type of accident, it is possible that the cyclist will try to blame the pedestrian for causing the accident or contributing to the accident. This is why it is helpful to have the assistance of a skilled Los Angeles personal injury attorney who can look at the facts of your case, help with an investigation of the incident, and help you prove your claim.
Talk to a Los Angeles Personal Injury Attorney Today
At Walch Law, we have years of experience helping clients who are injured in all types of accidents. Getting hit by a cyclist, especially one who is speeding, can cause serious injuries, and if this type of accident does happen to you, you deserve to be compensated. Call our office today for a free case consultation to discuss the details of your case and get your questions about possible compensation answered. Contact us at 866-465-8792!