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.
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