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Who Is at Fault in a Bike vs. Pedestrian Accident?

Published on Aug 20, 2024 by Thomas Law Offices.

Who Is at Fault in a Bike vs. Pedestrian Accident?

When you leave your home, you begin to share the sidewalks, roads, streets, and highways. Whether you’re driving, walking, or pedaling, you are responsible for your safety and, to a certain extent, the safety of the people on all those byways.

In legal terms, that responsibility is referred to as duty of care. That accountability comes into question when you must determine who is at fault in a bike versus pedestrian accident in Kentucky.

Determining Fault

When determining who is at fault in an accident in Kentucky, the comparative negligence rules apply.

This means that if you and the person you got into an accident with will share in the liability, any compensation will be distributed between the both of you. To decide who might be at fault in this specific type of accident, it has to be determined who had the more significant breach of duty of care.

Cyclists

According to the Kentucky Transporation Cabinet, a bicycle is considered a vehicle. That means a cyclist is supposed to follow the same rules of the road as motorists. Here are some of the common ways that a cyclist could be negligent:

  • Running a red light or a stop sign
  • Riding a poorly maintained bike
  • Failing to yield the right of way
  • Distracted riding
  • Ignoring directional or traffic control road markings
  • Biking while under the influence of drugs or alcohol
  • Not having sufficient nighttime lighting while cycling
  • Not wearing safety equipment (helmet) when required

Pedestrians

A pedestrian can be found to blame in a collision with a bicyclist. Here are some of the examples of that negligence:

  • Not using marked crossroads
  • Ignoring the intersection traffic signals
  • Walking outside designated areas like sidewalks
  • Crossing roadways into oncoming traffic
  • Being intoxication

Whether you’re on the bike or walking and you were involved in an accident where you suffered serious injuries, you might need to file an insurance claim. That is when it would help to involve the Thomas Law Offices. We have helped many clients who find themselves dealing with this type of situation.

The Importance of the Accident Report

It is vital to call the police after a collision between a cyclist and a pedestrian to generate an accident report. When they arrive, the police officer will make a determination about the accident based on the individuals involved and any witness statements. That report can be crucial in any future claim or potential lawsuit.

Document Your Injuries and Expenses

It would be best if you documented your injuries. That should include photos and all medical reports. You also want to keep a running tab of all your expenses for any out-of-pocket ER and doctor’s office visits. These documents will go a long way toward supporting your case.

Take Eyewitness Statements

Eyewitness statements can help corroborate your side of the accident. You can record that testimony right on the spot with your cell phone video. It is also essential to record the witness’s contact information in case you need to reach out to them later to verify their statements.

Moving Forward

If you find yourself in this type of accident scenario, it will help you to understand all your options for seeking a remedy. The Thomas Law Offices can answer all your questions about filing an insurance claim or moving ahead with a personal injury lawsuit. Call to schedule a free evaluation and to discuss the incident today.

 

Free Case Evaluation

At Thomas Law Offices, our personal injury attorneys recognize that our potential clients are likely going through some of the most difficult times of their lives. We don't want you to have to worry about paying out of pocket for legal advice when you're just starting to learn your legal rights and options. That's why we provide free case evaluations. We'll offer our expert advice about your potential case and walk you through how we can help you.

Call us or fill out the form below to tell us about your potential case and a personal injury lawyer will get back to you as quickly as possible.

Meet Our Founder

Tad Thomas - Trial Lawyer

Tad Thomas

Managing Partner

Tad Thomas has dedicated his practice to representing plaintiffs in various types of civil litigation, including personal injury, business litigation, class actions, and multi-district litigation.

After graduating with his law degree in 2000 from Salmon P. Chase College of Law at Northern Kentucky University, Mr. Thomas immediately opened his own private practice and began representing injury victims.

In 2011, Thomas Law Offices was established in Louisville, Kentucky. Over the past decade, Mr. Thomas has expanded his firm and now has offices in three additional locations: Cincinnati, Ohio, Columbia, Missouri, and Chicago, Illinois. He is also a frequent lecturer on topics like trial skills and ethics and technology.

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