Auto Injury Attorneys for Pedestrians and Cyclists Hit by Cars
Pedestrians and cyclists have almost no protection when they are struck by a vehicle. Even a collision at a relatively low speed can cause serious injuries and months of medical treatment. Experienced auto injury attorneys can investigate the crash, preserve evidence, identify available insurance coverage, and pursue compensation from the people or companies responsible.
Claims involving pedestrians and cyclists can be more complicated than ordinary two vehicle accidents. Insurance companies may dispute who had the right of way, blame the injured person, or question the extent of the injuries. A lawyer can help build the claim around the available evidence.
Pedestrian and Bicycle Accidents Often Cause Serious Injuries
A person inside a car has a seat belt, airbags, and the vehicle itself for protection. Pedestrians and cyclists do not have those safeguards.
Common injuries may include:
- Traumatic brain injuries
• Concussions
• Spinal injuries
• Broken bones
• Shoulder injuries
• Knee and leg injuries
• Internal injuries
• Road rash and scarring
• Permanent physical limitations
Some victims require surgery, rehabilitation, or ongoing specialist care. Others may be unable to work or return to normal daily activities for a significant period of time. An attorney should consider the complete effect of the injuries rather than focusing only on the first hospital bill.
The Attorney Investigates How the Crash Happened
The first step is determining what happened and collecting evidence before it disappears.
Depending on the accident, evidence may include:
- Traffic collision reports
• Accident scene photographs
• Vehicle damage photographs
• Bicycle damage
• Surveillance footage
• Dashcam video
• Witness statements
• Traffic signal information
• Skid marks and debris
• Cell phone records
The location of the impact can also be important. A crash at an intersection, crosswalk, driveway, bike lane, or parking lot may involve different factual issues. Nearby businesses and homes may have cameras that captured the collision. Video evidence may be erased or recorded over, so identifying possible footage quickly can be important.
Drivers May Be Responsible for Failing to See a Pedestrian or Cyclist
Many drivers claim they never saw the person before impact. That does not always excuse the collision.
A driver may have been:
- Looking at a phone
• Speeding
• Turning without checking for pedestrians
• Opening a car door into a cyclist’s path
• Failing to yield
• Driving while distracted
• Driving under the influence
• Following too closely behind a bicycle
The attorney should compare the driver’s explanation with physical evidence, witness accounts, video, and the conditions at the scene.
Insurance Companies May Try to Blame the Injured Person
Pedestrian and bicycle accident claims often involve arguments about comparative fault. The insurance company may claim that the pedestrian crossed outside a crosswalk, entered the roadway unexpectedly, or ignored a traffic signal. In a bicycle case, the insurer may argue that the cyclist changed lanes improperly, lacked proper lighting, or failed to follow traffic rules.
These arguments do not automatically determine the result of the case. An attorney can investigate whether the driver was speeding, distracted, inattentive, or otherwise contributed to the collision. Even when responsibility is disputed, all available evidence should be evaluated before conclusions are reached.
The Lawyer Collects Medical Evidence
Serious pedestrian and cyclist injuries often involve treatment from multiple providers.
Medical evidence may come from:
- Emergency rooms
• Trauma centers
• Orthopedic doctors
• Neurologists
• Surgeons
• Imaging centers
• Physical therapists
• Pain management specialists
• Rehabilitation providers
The attorney may collect medical records, bills, imaging reports, surgical records, and other documentation showing how the injuries developed after the accident. In serious cases, the claim may also need to address future medical treatment, permanent limitations, and the possibility that the injured person will not fully return to their prior condition.
The Attorney Identifies Every Possible Source of Insurance
The driver’s auto liability policy may be one source of compensation, but it is not always the only one.
Depending on the facts, other coverage may include:
- The vehicle owner’s insurance
• An employer’s commercial policy
• Rideshare insurance
• Delivery company coverage
• Uninsured motorist coverage
• Underinsured motorist coverage
This can become especially important when the injuries are severe and the driver has limited insurance. The attorney should investigate who owned the vehicle, whether the driver was working, and whether any additional policy may apply.
Hit and Run Claims Require a Different Investigation
Some pedestrians and cyclists are struck by drivers who leave the scene. A hit and run claim may require additional efforts to identify the vehicle and driver.
Evidence may include:
- Surveillance footage
• Witness descriptions
• Partial license plate information
• Vehicle debris
• Nearby traffic cameras
• Police investigation records
Even when the driver is never found, other insurance coverage may sometimes become relevant depending on the facts and available policies. A lawyer can review the circumstances and determine which possible sources of compensation should be investigated.
Attorneys Evaluate the Full Value of the Claim
The value of a pedestrian or bicycle accident claim depends on much more than the amount of the medical bills.
Compensation may involve:
- Past medical expenses
• Future medical care
• Lost income
• Reduced earning capacity
• Pain and suffering
• Permanent impairment
• Scarring and disfigurement
• Emotional distress
A person who suffers a serious fracture, brain injury, or spinal injury may continue experiencing the effects of the accident long after the initial treatment ends. The attorney should evaluate the complete impact of the accident before advising the client about a settlement.
The Lawyer Handles Negotiations With the Insurance Company
Insurance companies may challenge liability, medical treatment, future care, or the value of the injuries. The attorney can present evidence supporting the claim and respond to arguments made by the insurer.
Settlement negotiations may involve disagreements about:
- Who caused the accident
• Whether the injuries were caused by the crash
• Whether treatment was reasonable
• Whether future care is necessary
• How much income was lost
• The value of pain and suffering
The client should understand the strengths and weaknesses of the case before deciding whether to accept an offer.
Litigation May Be Necessary
Many pedestrian and bicycle accident claims settle without trial. Others require a lawsuit.
Litigation may become necessary when:
- The driver denies responsibility
• The insurer blames the injured person
• The injuries are disputed
• The parties disagree about damages
• The insurance company refuses to make a reasonable offer
A lawsuit may involve written discovery, depositions, expert testimony, motions, and other court procedures. The attorney should be prepared to continue pursuing the case when settlement discussions do not lead to a fair resolution.
Contact Auto Injury Attorneys After a Pedestrian or Bicycle Accident
Experienced auto injury attorneys can investigate pedestrian and cyclist accidents, preserve evidence, deal with insurance companies, identify available coverage, and pursue compensation for serious injuries.
Bojat Law Group represents pedestrians, cyclists, drivers, and passengers injured in accidents throughout Southern and Central California. The firm handles pedestrian accidents, bicycle accidents, car crashes, truck accidents, motorcycle collisions, Uber and Lyft accidents, catastrophic injuries, traumatic brain injuries, and wrongful death cases.
Bojat Law Group has recovered more than $100 million for clients, including a $1.3 million pedestrian accident recovery.
Call Bojat Law Group at (818) 877-4878 for a free consultation. The firm is available 24 hours a day, 7 days a week, and there is No Win No Fee, which means you pay no attorney fee unless compensation is recovered.
