Pedestrian v. Bicycle AccidentsBicycles are supposed to obey the rules of the road. Like drivers, sometimes cyclists don't always ride safely or legally. If a pedestrian is injured due to the negligent acts of a bicyclist, the pedestrian should treat the accident as any other accident. Call the police and follow the same steps outlined for what to do when you are involved in an accident. In such an instance the bicyclist may be personally responsible for any injury caused. There may be insurance coverage that would be activated by the cyclist's negligence. Coverage in such accidents is most typically found through a renter's or homeowner's policy that offers liability coverage. Bicyclists are required to remain at the scene, exchange information, and render aid when necessary. If the bicyclist flees the scene of the accident, try to get as much identifying information as you can about the cyclist. Treat the accident as a hit-and-run, and report it to the police accordingly. Some people are under the mistaken impression that it is unlikely that rogue cyclists don't pose much danger to pedestrians. That is not the case. While the threat posed by a cyclist is somewhat less imposing than that of a car, the threat of danger or injury still exists. In my experience, brain and head injuries are fairly common in bicycle/pedestrian accidents because pedestrians commonly hit their head when they are knocked to the ground. Such injuries can be debilitating, and I have seen many cases where pedestrians have endured severe and permanent injuries after being hit by a cyclist. Cyclists who disregard the safety of pedestrians should be held accountable for their actions. I would urge pedestrians who are hit by bicyclists to call me to discuss their accident to determine their legal options for recovery or recourse. |
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jim, i think you are spot on,
jim, i think you are spot on, on two points you raise.
a great many bike v. pedestrian crashes end up as hit and runs. its so much easier for cyclist to flee the scene than it is for drivers unless, i suppose, if the rider is also seriously hurt or suffers a mechanical, or is decent enough to stop and help the hapless pedestrian.
can't help but wonder if that is human nature that gives people the urge to flee, or if it is more a function cyclists worried about insurance protection.
i know these crash scenarios happen on the roads all the time, but i many pedestrian crashes on the bike paths as well. at least on the lakefront, there are often crowds of other cyclists/joggers/walkers, who may step up to detain the offender or give aid to the injured.
i have also known several people who suffered long term (lasting) brain injury following crashes with cyclists.
this makes for a bad combination: harsh injuries with limited means to hold the wrongdoer accountable.
an interesting post (and a nice blawg).
Thanks Mike. Regarding why
Thanks Mike. Regarding why people flee the scene of the accident...
I think drivers flee for two reasons; they have something to hide (intoxication, drugs, etc.) or, they do it simply because they think they can get away with it. A downed biker can't chase a car.
Likewise, A pedestrian can't catch a mobile biker. Bikers have much more anonymity than cars, and they are incredibly maneuverable. I suspect they simply think they can get away with it if they leave, so they flee.
In my car v. bicycle hit-and-run cases I find that a majority of drivers do, in fact, have insurance- which makes their flight all the more detestable.
AS A LONG TIME EMPLOYEE OF A
AS A LONG TIME EMPLOYEE OF A LARGE UNIVERSITY IN WEST LOS ANGELES AND A FREQUENT PEDESTRIAN I HAVE STRUGGLED WITH THE PRESENCE OF BICYCLES ON SIDEWALKS, AND WHAT COUNTER MEASURES TO EMPLOYE FOR MY OWN PERSONAL SAFETY AND PEACE OF MIND. PRESENTLY I EMPLOY A TACTIC I REFER TO DEFENSIVE WALKING, WHICH I CONSIDERANALOGUSTO DEFENSIVE DRIVING.
FIRST, BECAUSE OF THE ADVENT OF BICYCLES NOT TO MENTION MOTORIZED AND UN MOTORIZED SCOOTERS, MOTORIZED AND UN MOTORIZED SKATEBOARDS, ROLLERBLADERS, AND SEGWAYS ON THE SIDEWALKS IT IS NECESSARY TO SEE THE SIDEWALK AS A ROADWAY.
SECONDLY, AT THE APPROACH OF A BICYCLE EXITTHE TRAFFIC PATTERN.
THIRD,EXERCISE CONSTANT 360 DEGREE SITUATIONAL AWARENESS.
DEFENSIVE WALKING HAS EIGHT PARTS.
1. BEFORE ENTERING THE SIDEWALK LOOK FOR ANY ONCOMING BICYCLES IN EITHER DIRECTION. BE AWARE THAT BICYCLES ON SIDEWALKS EXHIBIT A BLENDING CHARACTERISTIC, SO IT IS A GOOD IDEA TO TAKE A SECOND LOOK. ALSO, ONE SHOULD BE AWARE OF THE MOBILITY CHARACTERISTIC OF BICYCLES AND THEIR ABILITY TO TRANSITION RAPIDLY FROM THE STREET ONTO THE SIDEWALK. THEREFORE, ONE SHOULD BE AWARE OF ANY ONCOMING BICYCLES IN THE STREET.
2. KEEP TO THE RIGHT WHEN WALKING AND AVOID ANY TENDENCY TOWARDS LATERAL DRIFT.
3. CHECK YOUR SIX O'CLOCK POSITION BEFORE MAKING A LATERAL MOVE. BICYCLES HAVE A STEALTH CHARACTERISTIC, AND ONE SHOULD ALLOW FOR THE POSIBILITY THAT YOUR LATERAL MOVE MAY BE UNSAFE BECAUSE A BICYCLE IS TOO CLOSE.
3A. AT THE APPROACH OF A BICYCLE EXIT THE TRAFFIC PATTERN IMMEDIATELY. GET BEHIND A BUS BENCH, LAMPOST, NEWSPAPER RACK, UP AGAINST THE WALL, OR INTO THE GUTTER.
4. EVERY FIVE PACES OR STOP AND CHECK YOUR SIX O'CLOCK POSITION. DURING WORLD WAR II EXPERIENCED FIGHTER PILOTS CAUTIONED NOT TO FLY STRAIGHT AND LEVEL FOR TOO LONG IN A COMBAT ZONE. LIKEWISE, A PEDESTRIAN SHOULD CHECK HIS OR HER SIX O'CLOCK POSITION FREQUENTLY, AS SOMETHING MAY BE GAINING ON YOU.
I HAVE ALWAYS FOUND IT PERSONALLY UN NERVING TO BE BUZZED BY A BICYCLE.
5. BEFORE ENTERING THE INTERSECTION OF TWO SIDEWALKS, CHECK FOR ON COMING BICYCLES. A BLIND SPOT CREATED BY A BUILDING LOCATED AT THE CORNER, MAY NOT ALLOW YOU TO SEE AN ONCOMING BICYCLE IN TIME.
6. BEFORE ENTERING THE CROSSWALK, WHETHER AT A SIGNALATED OR UN-SIGNALATED INTERSECTION, OR A MARKED OR UNMARKED CROSS WALK, WATCH FOR BICYCLES COMING IN EITHER DIRECTION, BOTH WITH TRAFFIC AND IN THE WRONG WAY. WHETHER OR WHEN TO ENTEER THE CROSSWALK EVEN IF YOU HAVE THE RIGHT OF WAY IN THE PRESENCE OF A BICYCLE IS A JUDGBEMENT CALL. BEAWARE THAT UN LIKE MOTORIZED VEHICLES, ONE SHOULD HAVE NO EXPECTATION OF A BICYCLE STOPPING EVEN IN THE PRESENCE OF A RED LIGHT OR STOP SIGN.
7. BEFORE ENTERING THE CROSS WALK ALSO WATCH FOR ANY BICYCLES UTILIZING THE CROSS WALK. THE DECISION TO OR IF TO ENTER THECROSS WALK IS A JUDGEMENT CALL.
Assuming the cyclist has
Assuming the cyclist has renter's or homeowner's insurance...