Pedestrians and cyclists often share roads with motor vehicles in livable communities, which increases their risk of accidents and injuries. The U.S. Department of Transportation’s Federal Highway Administration (FHWA) reported that 76,000 pedestrians and 47,000 cyclists are injured yearly in roadway accidents. As in all personal injury cases, fault and liability vary depending on the jurisdiction and the specific circumstances of the accident. This blog explores the legal rights of pedestrians and cyclists in a personal injury case.
Right to Safety on the Road
A pedestrian is an individual who is traveling on foot, whether walking, jogging, or running. A cyclist is a person who rides a bicycle. Both have legal rights to safety on the road (except where explicitly prohibited) and legal responsibilities to adhere to while using the roadway. For example:
- Pedestrians generally have the right-of-way at marked crosswalks and intersections while following traffic and signalized intersections.
- Cyclists are often considered vehicles under the law, granting them similar rights and responsibilities as motorists.
- Motorists must exercise caution and yield to pedestrians and cyclists when required.
Liability in Accidents Involving Pedestrians and Cyclists
When an accident happens, establishing liability is crucial in personal injury claims. Liability usually relies on negligence, demonstrating that another party did not act reasonably, resulting in harm. Common scenarios include:
- A driver failed to yield at a crosswalk and struck a pedestrian.
- A motorist opens a car door into a cyclist’s path (“dooring”).
- A driver violating a cyclist’s right-of-way at an intersection.
- A pedestrian crossing the road negligently contributed to an accident.
Each case is unique, and courts weigh various factors, such as traffic signals, road conditions, and witness statements, to establish fault. Sometimes, the pedestrian, cyclist, and driver might share fault; the state’s comparative or contributory negligence laws will affect the outcome.
Kansas Negligence Law: Kansas uses a modified comparative negligence model with a 51 percent bar.
Kansas Statutes Section 60-258a provides that a plaintiff’s contributory negligence does not bar them from recovering damages for negligence if the plaintiff’s negligence was less than the causal negligence of the party against which a claim is made. The award of damages to the plaintiff must be reduced in proportion to the amount of negligence attributed to them. If a party claims damages for wrongful death, the decedent’s negligence must be imputed to them.
Missouri Negligence Law: Missouri uses a pure comparative negligence model.
The Missouri Supreme Court has required state courts to apply the doctrine of pure comparative fault, finding that this is the best way to achieve fairness and justice.
Steps to Take After an Accident
If you are a pedestrian or cyclist involved in an accident, taking the proper steps can strengthen your legal claim:
- Seek Medical Attention immediately, even if injuries seem minor.
- Report the accident to law enforcement and obtain a copy of the police report.
- Gather evidence, including the involved parties’ photos, witness statements, and contact information.
- Avoid admitting fault or making statements that could be used against you.
Compensation for Injuries
Injured pedestrians and cyclists may be entitled to compensation for damages, including:
– Medical expenses: Coverage for hospital visits, surgeries, physical therapy, and ongoing medical care.
– Lost wages: Compensation for time missed at work while recovering from injuries.
– Pain and suffering: Non-economic damages that account for emotional distress and a reduced quality of life.
– Property damage: Coverage for damaged bicycles or personal belongings.
The amount of compensation depends on the severity of the injuries, the circumstances surrounding the accident, and your state’s negligence laws.
Pedestrians and cyclists have legal rights that protect them in the event of an accident. Understanding these rights and taking appropriate action can significantly improve the chances of obtaining fair compensation. If you or a loved one has been injured, contact the Law Offices of Reginald Keith Davis for a confidential consultation. We will assist you in navigating the complexities of your personal injury claim and advocate for the compensation you deserve.
Contact us now atkcklawer.com
Phone: (913) 299-8789