Bicycle And Pedestrian Accidents

Bicycle & Pedestrian Accident Attorney

Catastrophic injuries to pedestrians and bicyclists can have devastating effects for the victim and their families that can last a lifetime. The personal injury law firm of Selarz Law Corp. has recovered over ten million dollars on behalf of individuals who have been injured while riding a bicycle or traveling on foot. We assist accident injury victims to pursue legal courses of action that will help put their lives back in order after suffering such a potentially traumatizing experience.

An accident or collision involving a pedestrian or cyclist can happen to anyone. Unfortunately, pedestrians and cyclists on the road are not always granted the same courtesy drivers will give to other vehicles. This problem is even more common because of the increasing use of mobile devices that result in distracted driving, which creates a dangerous combination. This can often lead to serious injuries for accident victims, especially pedestrians and cyclists who are at greater risk without the protection of being inside of a vehicle.

Each year nearly 5,000 pedestrians die in motor vehicle related accidents, and approximately 76,000 pedestrians in 2012 suffered injuries when hit by a car or truck, according to the National Highway Traffic Safety Association (NHTSA). These accidents can occur anytime a pedestrian or cyclist is near vehicular traffic.

Driver's Duty of Care

Drivers are legally required to exercise reasonable care under the circumstances. Driving without reasonable care is considered negligence. A wide range of conditions can lead to the injury of pedestrians and bicyclists by motor vehicles, not the least of which is the failure to pay attention to them on the road. Some of the most common situations in which pedestrians or bicyclists are injured include:

  • Driving while distracted
  • Driving above the speed limit or dangerously in relation to the weather or traffic circumstances
  • Failing to yield the right of way to pedestrians at crosswalks or intersections
  • Failing to obey traffic signs or signals
  • Not signaling while turning
  • Driving while under the influence of alcohol or other controlled substances

Usually, pedestrian-vehicle accident cases hinge on the duty of care owed by those involved. While both drivers and pedestrians are required to follow the rules of the road and exercise reasonable care, the law imposes a greater duty on those operating a vehicle. In many cases, it may seem obvious who was negligent, but there are multiple factors in applying the facts to your personal injury lawsuit. A person who negligently operates a vehicle may be required to pay damages for personal and property damage caused by that negligence including medical expenses, lost wages, pain and suffering.

Non-Vehicular Pedestrian Accidents

In addition to pedestrian-vehicle incidents, thousands of non-vehicular pedestrian accidents also occur annually. These incidents fall under the category of Premises Liability or Premises Negligence. Dangerous conditions such as poor maintenance of roads and sidewalks or leaving material on walkways or roads can also cause these accidents.

When a pedestrian is injured due to a dangerous condition on someone's property, there may be one or more party with legal responsibility for the accident. Depending on the circumstances, potential liable parties include:

  • The person or entity responsible for maintaining the sidewalk, road, or parking lot where the injury occurred, or
  • The person or entity responsible for creating the dangerous condition

If a pedestrian or bicyclist is injured by a property defect, they may be able to recover damages for the injuries suffered if someone else's negligence caused or contributed to the incident. It is important to understand the legal principle of Negligence, which is defined as the failure to do (or not do) something that a reasonable person in a similar situation would, to protect others from foreseeable risks. To establish negligence in a pedestrian accident, the injured person must prove the following four elements:

  • Duty: The defendant owed a legal duty to the plaintiff under the circumstances
  • Breach: The defendant failed to fulfill that legal duty through action or inaction, usually by failing to maintain or operate their premises in a safe manner, allowing a dangerous condition to exist on their premises
  • Causation: The defendant's negligence caused an injury to the plaintiff
  • Harm: The defendant harmed or injured the plaintiff as a result

If You're Involved in a Pedestrian Accident

If you or someone you love has been in a pedestrian accident and was hurt, you may be wondering what to do next. It is common that the other individual or entity might try to blame you for the injuries, by claiming that your own negligence contributed to the accident. If you've been involved in a bicycle or pedestrian accident, you should do the following:

  • Make sure to check yourself and others involved for injuries
  • Call the police and medical help if necessary
  • Do not leave the scene of the accident until help arrives
  • Write down the names and contact information of all parties and any witnesses
  • Take pictures of the accident location, including all street signs and cross-walks
  • Don't make any statements to anyone, including drivers and insurers before speaking with an attorney

For victims involved in a bicycle or pedestrian accident, contacting Selarz Law Corp. can help recover financial compensation for injuries. Pain and suffering, medical bills, loss of ability to go about one's normal activities, and other economic or non-economic losses may be recoverable damages in serious injury cases.

Because of statutes of limitation, you only have a limited amount of time to bring a claim for your injuries. Our experienced bicycle and pedestrian accident attorneys provide a free evaluation of your clam, with no further obligation. We will make sure that you have a clearer idea of what your next steps should be, while focusing on getting your health back on track.

If you or a loved one has been involved in a pedestrian or bicycle accident resulting in injuries of any kind, contact Selarz Law Corp. today at 310-651-8685 to schedule a free initial consultation or reach out online to make an appointment. The consultation is always free, and you don't pay a penny unless we successfully recover from the at-fault party.