What to Do If You’re Hit by a Bicyclist as a Pedestrian
Accidents between pedestrians and bicyclists are unfortunately more common than you may think in California. While bicycles are a popular eco-friendly mode of transportation, they can pose significant risks, especially in areas with shared paths or sidewalks.
If you’ve been hit by a bicyclist as a pedestrian, it’s important to understand what you should do next. At the Law Offices of Steven Zwick, we strive to guide you through the crucial steps you should take to protect your health, your legal rights, and your financial well-being after a bicycle accident.
Step 1: Prioritize Your Health and Safety
Your health should be your top priority. If the accident occurred in a high-traffic area, move to a safe location as soon as possible to prevent further injury. For example, move away from bike lanes, crosswalks, or busy pathways where additional collisions could occur.
Once you're safe, it’s essential to have a medical professional evaluate your condition, even if you don’t feel pain immediately after the collision. Some injuries, like concussions, soft tissue damage, or internal injuries, may not show symptoms right away.
Seeking medical attention not only ensures that you receive the care you need but also creates an official medical record that can be critical if you decide to pursue a legal claim.
Step 2: Collect Information at the Scene
Gather all relevant information at the scene of the accident. Take photos of the scene, your injuries, and any visible damage to belongings (such as torn clothing, broken glasses, or damaged personal items). Documenting the scene as thoroughly as possible will help build a stronger case if you decide to pursue legal action.
If possible, exchange contact details with the bicyclist, including their name, phone number, and, if applicable, insurance information. Since bicycles are not motor vehicles, not all bicyclists will carry insurance. However, if the bicyclist is affiliated with a rideshare delivery service or other organization, they may have insurance coverage through their employer.
Additionally, ask for the contact information of anyone who witnessed the accident. Eyewitness accounts can provide valuable evidence if liability is disputed.
Step 3: Report the Accident
Report the accident to local authorities or city officials, especially if you were injured. Call the police so that they can create an official accident report. This document can serve as a record of the incident and play a key role in establishing liability when filing a personal injury claim.
Some cities in California have departments dedicated to managing accidents in designated bike lanes or shared pathways. If applicable, check with your city’s transportation department to report the incident. While this isn’t a substitute for a police report, it can provide additional documentation of the incident.
Step 4: Determine Liability
Like pedestrians, bicyclists are obligated to follow local traffic laws. For example, if the bicyclist ran a stop sign, was riding on the sidewalk where it’s prohibited, or was speeding in a crowded area, they may be held responsible for the collision.
However, fault is not always one-sided. If a pedestrian was jaywalking or using headphones that obstructed their ability to hear the bicyclist’s warning, they might share some responsibility for the accident.
California follows a comparative negligence rule, meaning that liability can be shared between parties. Even if you were partially at fault, you may still be entitled to recover damages. Understanding liability can be complicated, which is why it's important to work with an experienced personal injury attorney.
Step 5: Avoid Communicating with Insurance or Legal Representation Alone
If the bicyclist involved in the collision has insurance or legal representation, their insurer or attorney may try to contact you. While they may appear to be helpful, their priority will be to minimize their clients’ liability.
Avoid speaking to them or providing any recorded statements without first consulting an attorney. Anything you say could potentially be used to reduce or deny your claim. Inform them that any communication should go through your attorney.
Step 6: Contact a Personal Injury Attorney
The aftermath of a pedestrian-bicycle accident can often be complicated, especially when multiple factors are involved, such as liability disputes, insurance coverage, and emotional trauma. Working with a knowledgeable personal injury attorney can make a considerable difference.
An attorney can help you understand your legal options, gather evidence, and negotiate with insurance companies or opposing counsel to pursue the compensation you need.
Some common damages in pedestrian-bicycle accidents can include medical expenses, lost wages if you’re unable to work, and out-of-pocket costs for property damage. An attorney can assess the full extent of your damages and advocate on your behalf to reach a fair and equitable settlement.
Step 7: Understand California's Statute of Limitations
California imposes strict deadlines for filing personal injury claims. Typically, you have two years from the date of the accident to file a claim. However, there are exceptions to this rule, such as cases involving minors or incidents involving government entities.
If you intend to file a claim for any injuries you incurred due to the accident, it's crucial to act promptly. Failing to adhere to the statute of limitations could result in you losing the right to pursue compensation.
Tips to Help Prevent Future Bicycle-Pedestrian Accidents
While pedestrians have the right of way in many situations, it’s important to remain vigilant and alert when walking in areas where bicyclists are present. Here are some tips you can employ to help reduce your chances of future pedestrian accidents involving a bicycle:
Stick to designated pedestrian paths whenever possible.
Avoid distractions such as texting or wearing headphones that block out environmental sounds.
Look both ways when crossing bike lanes, just as you would when crossing a street.
By staying aware of your surroundings, you can minimize potential risks and help ensure your safety in areas where both cyclists and pedestrians are present.
Reach Out to an Experienced Attorney Today
Being hit by a bicyclist as a pedestrian is a stressful and frustrating situation. However, it's essential to prioritize your health, collect evidence, and seek legal advice to pursue a fair resolution. At the Law Offices of Steven Zwick, we are committed to standing up for your rights. Contact us today to schedule a free consultation.
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