Accidents Involving Bicyclists and Pedestrians: Who Pays?

In the unfortunate event of a crash involving a bicyclist and a pedestrian, the question of which insurance company would provide coverage can be complex. Typically, the liability rests with the party deemed at fault for the incident. If the bicyclist is found to be responsible, their homeowners or renters insurance may cover the damages. Alternatively, if the pedestrian is at fault, their homeowners or auto insurance may apply. It’s crucial to consult with a qualified attorney or insurance professional to understand the nuances involved in these types of incidents, as laws and policies can vary significantly depending on the jurisdiction.

Determining Who Was at Fault In a Bicycle vs. Pedestrian Accident

Determining fault in a bicycle vs. pedestrian accident often hinges on details such as right of way, adherence to traffic regulations, and the actions of both parties leading up to the incident. Evidence such as traffic camera footage, witness statements, and physical indications at the scene can play crucial roles in establishing fault.

Sometimes, both the pedestrian and the cyclist may share responsibility for the accident, leading to a comparative or contributory negligence ruling. In such cases, the damages each party can claim may be proportionally reduced depending on their percentage of fault. It’s essential to engage legal counsel to navigate these complexities.

Obtaining Compensation When a Cyclist Hits a Pedestrian

In the aftermath of an accident in which a cyclist hits a pedestrian, obtaining compensation for damages typically follows the process of filing a claim against the at-fault party’s insurance. As mentioned, if the cyclist is deemed responsible, their homeowners or renters insurance policy may cover the pedestrian’s damages, including medical bills, lost wages, and pain and suffering. However, these claims are often complicated by policy limits, denial of liability, or disagreements about the extent of injuries.

Therefore, it is advisable for the injured pedestrian to seek legal representation. An experienced attorney can negotiate with the insurance company on their behalf, or even take the case to court if a fair settlement cannot be reached. It’s important to remember that timelines for filing a claim, known as statutes of limitations, vary by state and type of injury, so prompt action is essential.

Call us at (503) 543-1114 to discuss your rights.

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