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If you’ve been walking down the sidewalk and suddenly get hit by a cyclist, you may not think anything of it. However, you might be entitled to sue the cyclist for damages. Let’s examine the details of liability and who is responsible when a cyclist and pedestrian collide.
What Happens When A Cyclist Hits A Pedestrian
When people think of a pedestrian getting run over, their minds first go to a motor vehicle. In these cases, as any Personal Injury Lawyer Utah will tell you, the pedestrian is allowed to sue the driver at-fault. The same applies if a car hits a cyclist. But what happens when a cyclist hits a pedestrian? Cyclists aren’t required to carry any kind of insurance while operating their bikes. Does that mean that the pedestrian is left with no recourse for their injuries?
A Cyclist’s Responsibilities
Depending on the law of the state, bicycles can sometimes be treated as motor vehicles. In these cases, cyclists are require to follow the same rules and responsibilities as those who drive motor vehicles. These rules include:
- Using the designated bike lane while on the road; they should not be using the sidewalk or the crosswalk.
- Cyclists are required to use hand signals when turning or stopping
- They should stop at all red lights and stop signs
- They are required to yield to pedestrians
- They are responsible for any traffic accidents and subsequent injuries that they cause
What A Pedestrian Should Do
If a cyclist collides with a pedestrian, the pedestrian should report the accident to emergency services. Receiving emergency medical treatment is important if you have been seriously injured.
Secondly, you should try to obtain the cyclist’s contact information. You should also ask any witnesses for their names and phone numbers as well. You can provide this information to your attorney if you intend to take the cyclist to court.
Lastly, you should maintain a record of your injuries and your medical care ro prove the severity of your case.
Bringing A Case Against A Cyclist
Because cyclists are required to carry insurance (and it’s unlikely insurance carriers would cover them anyway), you may have to bring a personal injury lawsuit in order to receive compensation. Such cases require proof that a person’s injuries were the result of negligence.
Negligence is the failure to use proper skill or care when performing a task and, as a result, an injury has occurred.
Recoverable Damages
When bringing a case against a cyclist, you might be able to recover compensation for:
- Pain and suffering
- Loss of earning capacity
- Rehabilitation costs
- Future lost income
- Both present and future medical expenses
In the event that a pedestrian passes away from their injuries caused by a cyclist, then the remaining family members may be able to bring a wrongful death lawsuit.
If you or a loved one has been seriously injured in a pedestrian accident that involved a cyclist, then you should contact a personal injury attorney as soon as possible. You might be able to receive a free initial consultation to see what your best options are moving forward.
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