What to Do After a Car Accident Involving Pedestrians or Bicyclists?
Posted on: August 28, 2024
Car accidents involving pedestrians or bicyclists can be especially severe due to the lack of protection for those on foot or bike. Understanding the legal aspects surrounding these accidents helps drivers and non-drivers alike know their rights.
What Should I Do Immediately After the Accident?
After an accident like this occurs, your first priority is safety and medical assistance. Call emergency services immediately; while waiting for help, try to move out of traffic if it is safe to do so. Once the authorities arrive, cooperate fully and provide a clear account of the incident.
What Information Should Be Collected?
Collecting information at the scene is critical for future claims or legal actions.
- Exchange contact and insurance information with all parties involved.
- Obtain contact details of any witnesses, as their accounts may be invaluable later.
- Take photographs of the scene, including injuries, vehicle damage, bicycle damage, and the surrounding area.
- If possible, note the weather conditions and the time of day, as both can influence the accident’s circumstances.
How Is Fault Determined in These Accidents?
Fault in pedestrian and bicyclist accidents often hinges on whether traffic laws were followed. For instance, drivers are typically at fault if they fail to yield at crosswalks or run red lights. However, pedestrians and bicyclists can also be at fault if they disobey traffic signals or cross streets recklessly. Fault can sometimes be shared, depending on the specifics of the incident.
What Are Common Injuries in These Accidents?
Accidents involving pedestrians and bicyclists often result in serious injuries due to their vulnerability. Common injuries include:
- Fractures and broken bones
- Head injuries, including concussions and traumatic brain injuries
- Spinal cord injuries
- Lacerations and abrasions
- Internal injuries
These injuries can require extensive medical treatment and have long-term impacts on the lives of those involved.
What Are the Legal Rights of Pedestrians and Bicyclists?
Pedestrians and bicyclists have legal rights under traffic laws designed to ensure their safety. Pedestrians generally have the right of way at crosswalks, whether marked or unmarked, and drivers are required to yield to them.
Bicyclists have the right to travel on roads and bike lanes, and they must be given sufficient space by drivers. Laws typically require vehicles to maintain a safe distance when overtaking cyclists. Additionally, in many jurisdictions, bicyclists are entitled to ride on the road, even when there are bike lanes, unless otherwise specified.
How Can Insurance Claims Be Handled?
Report the accident to your insurance company as soon as possible and provide the information you have gathered. If you were the driver, your liability insurance might cover the pedestrian’s or bicyclist’s medical expenses and other damages.
If you were the pedestrian or bicyclist, you might need to file a claim against the driver’s insurance. Keep detailed records of all medical treatments, repairs, and related expenses to support your claim.
What Legal Actions Can Be Taken?
Pedestrians and bicyclists can file a personal injury lawsuit against the driver if they believe the driver was at fault. Conversely, drivers can also seek legal recourse if they believe the pedestrian or bicyclist was responsible.
What Role Do Witnesses Play?
Witnesses can play a significant role in determining fault and supporting claims in pedestrian and bicyclist accidents. Their unbiased accounts of the incident can clarify the events leading up to the accident. Collecting contact information from witnesses at the scene is important, as their statements may be needed during insurance claims or legal proceedings.
What Compensation Can Be Sought?
Compensation in pedestrian and bicyclist accidents can cover a wide range of damages. Medical expenses, lost wages, pain and suffering, and property damage are common types of compensation sought in these cases. The extent depends on the severity of the injuries and the impact on the claimant’s life.
The Freehold Car Accident Lawyers at Ellis Law Can Fight to Protect Your Rights
Our knowledgeable Freehold car accident lawyer at Ellis Law have significant experience helping clients with car accidents involving pedestrians and bicyclists. Located in Freehold, New Jersey, we serve clients in Asbury Park, East Brunswick, Toms River, Middletown, Jersey City, Long Branch, Neptune, Hudson County, Union County, Essex County, Monmouth County, Marlboro, and Ocean County, as well as Brooklyn and New York City. For a free consultation, call 732-308-0200 or submit our online form.
