Did you know?
Bicyclist deaths have risen by over 20% – reaching 71,000.
It makes up nearly 6% of all deaths globally.
And according to the WHO report – one in every three people who die on the road is either a pedestrian or a cyclist.
This is why – it is important to know about car accident laws for cyclists and pedestrians. And that’s what we are going to discuss in this blog.
Also, if you ever get into an unfortunate situation on the road – make sure you get help from a Fresno car accident lawyer to file a claim.
So, what are the legal rights of cyclists and pedestrians?
Both cyclists and pedestrians have rights and responsibilities. While the exact laws can differ depending on where you are – drivers are generally responsible for looking out for others – especially more vulnerable road users like cyclists and pedestrians.
When an accident happens – figuring out who is at fault or “liable” is a key step. In California, for example – drivers must stop for pedestrians in crosswalks and follow certain rules when sharing the road with cyclists. If a driver doesn’t follow these rules and causes an accident – they could be held responsible.
Cyclists and pedestrians also have duties to help keep the roads safe. Cyclists need to – follow traffic laws, signal their turns, and wear safety gear like helmets. Pedestrians should cross at marked crosswalks and avoid stepping into traffic suddenly.
But even if the cyclist or pedestrian did something that contributed to the accident – they can still recover some compensation in California. Do you know why? Because of a rule called “comparative negligence.”
This rule means that each person’s role in the accident is considered. For example – if a cyclist was partly at fault but the driver also did something wrong – the cyclist could still receive some compensation – even if it’s reduced based on their level of responsibility.
But remember – such cases are complicated – that’s why it is advisable to get help from a pedestrian accident attorney.
Common causes of car accidents involving cyclists and pedestrians
Many factors can contribute to a crash involving a cyclist or pedestrian. Here are some common scenarios.
Distracted driving – Drivers distracted by phones or other activities often fail to notice pedestrians or cyclists.
Speeding – Speed reduces a driver’s reaction time, making it harder to stop quickly in an emergency.
Failure to yield – Many accidents happen when drivers ignore crosswalks or fail to yield to bikes in bike lanes.
Unsafe passing – Cyclists need space on the road, and passing too closely can lead to a dangerous situation.
Driver impairment – Alcohol or drug use can impair a driver’s ability to see and respond to cyclists and pedestrians.
If you or someone you know has been hit by a vehicle under these circumstances – it’s often helpful to speak with a Fresno injury attorney to better understand your case.
Steps to take after an accident
If you’ve been involved in a car accident as a cyclist or pedestrian – take the following steps to build a strong case for compensation.
Get medical help
Your health is the first priority. Even if your injuries seem minor – it’s essential to get checked out. Because some issues like internal injuries might not be immediately noticeable.
Report the accident
Contact the police to report the incident. An official report can provide important documentation for your medical case claim or any insurance discussions.
Collect evidence
Take pictures of the crash scene, the vehicle involved, your injuries, and any property damage. Collecting this evidence can be crucial later if you need to prove liability.
Get contact information
Exchange information with the driver – including their insurance details. If there were witnesses, get their contact information, too.
Consult with a lawyer
A pedestrian accident attorney can provide guidance on how to proceed with a claim. They can help determine if you’re eligible for compensation and navigate the legal process.
Filing a claim for compensation
After an accident, you may be able to pursue a claim against the driver’s car insurance for damages. Here’s how compensation typically works.
Medical bills
Car accidents often result in expensive medical treatments. You can seek compensation for hospital bills, medication, therapy, and any future medical expenses if you need long-term care.
Lost wages
If you miss work due to injuries from the wreck – you may be able to recover the income lost during your recovery period.
Pain and suffering
Physical injuries are often accompanied by emotional distress. In some cases, the court awards compensation for pain, suffering, and reduced quality of life after a crash.
Property damage
If you were on a bike, you might also be able to recover costs for bike repairs or replacement. The claim may also include other damaged personal belongings.
To maximize your compensation – go for a consultation with a legal professional who understands personal injury law.
Determining liability and the role of comparative negligence
Liability is the foundation of any legal case following a car accident. Often, the driver is at fault – but there can be cases where the pedestrian or cyclist also shares some responsibility. California follows the rule of comparative negligence – meaning that even if you are partly responsible for the crash – you may still recover damages. However, your percentage of fault will reduce the compensation.
For instance, if a speeding driver strikes a cyclist who crosses against a light, the court may assign each party a percentage of the blame. If the court finds the cyclist 30% responsible, they can still recover 70% of the total damages.
How a Fresno injury attorney can help
Hiring a knowledgeable Fresno car accident lawyer can make a difference in handling your case smoothly. Attorneys specializing in personal injury law understand how to negotiate with insurance companies and know how to collect evidence to build a strong claim. They also help clarify complex legal issues – guaranteeing that you are fully aware of your rights and options.
Furthermore, insurance companies often try to reduce their payouts by blaming victims or minimizing their injuries. A skilled lawyer can counter these tactics. This way – you can receive fair compensation.
Conclusion
Whether you’re a pedestrian, a cyclist, or a driver – knowing your rights and responsibilities on the road is vital. Cyclists and pedestrians are at a greater risk of injury in a collision with a car. Knowing what steps to take after an accident and when to seek legal help can help you to protect yourself.
If you’re unsure about your options or have questions – consider reaching out for a consultation with a Fresno car accident lawyer. Having a legal expert by your side can make the process much easier and help guarantee that your claim is handled fairly.
