The most common type of bicycle accident that you hear about is the accident that involves an automobile. That isn’t the only type of accident that can happen to a cyclist though. The other potential accident danger that exists for them besides an automobile is a negligent pedestrian where bicycle accidents are caused by pedestrians.
Florida Is A No-Fault State
Because Florida is a no-fault state, historically cases that involve a bicycle accident would be held to the same standard. The fault would not be assigned, and it would be the insurance company that pays out the claim.
Not quite the same thing in a bicycle accident that is caused by a pedestrian. In order to receive compensation for the accident, the cyclist would have to file a negligence claim. Keep in mind though that the pedestrian involved can file one as well and the payout is going to be figured on the percentage of fault that is calculated based on the accident.
If you have been involved in an accident involving a negligent pedestrian, call upon a bicycle accident lawyer in Florida to handle your case.
Determining Negligence In An Accident
Everyone on the road, whether it is an automobile, a bicycle, or a pedestrian is held to a certain standard of care with their actions. It is when this duty of care is breached that negligence occurs.
The Duty Of Care For A Bicyclist
As a bicycle rider on the road, it is your responsibility to make sure that your bicycle is well maintained, that you follow all traffic signals and rules of the road, and are aware of your surroundings.
Negligence can be found in the following scenarios:
- Riding a bicycle that is not taken care of or under regular maintenance caused something to fall off of it or caused the accident due to it not being ridable.
- Disregarding traffic signals– This can be running red lights, not using signals when turning, failing to yield the right-of-way, and not paying attention to the road and sign markings.
- Driving under the influence of alcohol or drugs, impairing judgment and endangering not only yourself but those around you.
- Disregarding the use of proper safety precautions– this includes not wearing helmets or failing to illuminate your bicycle at night.
If you are found guilty of any of this in an accident, a percentage of negligence will be assigned to you.
The Duty Of Care For A Pedestrian
Much like a bicycle rider, pedestrians have a standard that they are supposed to follow when using sidewalks and the road.
Negligence can be found in the following scenarios:
- Disregarding the signals at intersections- Walking out into oncoming traffic, not stopping when the walk sign has changed to stop.
- Not using the clearly marked safe crosswalks that are for pedestrian use. Cutting across a road that is not a crosswalk can lead to being hit.
- Not walking in areas that are designated when there is no crosswalk or sidewalk- in these circumstances, you should walk facing oncoming traffic.
- Walking under the influence of drugs or alcohol, also known as public intoxication, is not only unsafe, but you can be placed under arrest for it.
What To Do If An Accident Occurs
If an accident occurs with a pedestrian, no matter who is at fault, the first thing that should be done is calling 911. This is not only to have possible injuries evaluated but to have an accident report prepared by a police officer.
Police officers are trained in preparing accident reports and they are going to make sure to get witness accounts, document both sides of the story, take pictures, and quite possibly assign blame. Having a professional accident report prepared during an accident often proves more beneficial than if you wait and file one yourself.
Make sure that you are exchanging information with the other person who is involved in the accident. While things are still fresh in your mind you need to record or document what happened and what you thought was negligent on the part of the pedestrian.
Once you have been checked out medically and have any medical reports, obtain a copy of the accident report.
Hire A Lawyer
Since this is going to turn into a case of “who was more negligent”, it is important for you to take all of your documents and all of your evidence to an experienced bicycle accident attorney at Burnetti, P.A. The lawyer is going to consult you on your case and help you compile the evidence you have brought to actually build that case. They will help you file your lawsuit and seek the compensation that you deserve from the accident.
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