Is It Still A Pedestrian Accident If A Cyclist Hits You?

Berry Mathew

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Is It Still A Pedestrian Accident If A Cyclist Hits You?

Several types of accidents happen on the road every day, and one of them is pedestrian accidents. Pedestrian accidents are when a vehicle hits a pedestrian, that is, someone using the road for walking. Even if the person is hit by a cycle, it is still a pedestrian accident, and the victim deserves damages for their losses. 

If you were hit by someone riding their bicycle while walking on the street, you deserve compensation. These types of pedestrian accidents are regarded the same as being hit by a motor vehicle. Whether it was someone who did not understand your right of way or they were simply negligent, hire an attorney and schedule a free case consultation. You can Legal advice to do it. 

A cyclist colliding with a pedestrian: What happens next?

Since Texas is an at-fault state, the negligent party should pay for the damages. If both parties faulted the accident, then the percentages of a fault will be calculated before awarding the damages. 

This law is usually applied to accidents involving motor vehicles. However, things can get complex when a cyclist is involved because, unlike motor vehicle drivers, cyclists are not legally required to carry bike insurance. Nevertheless, it does not mean you cannot be compensated for your injuries and other damages. 

How will you recover the damages?

In the case of a bicycle accident, the owner pays through their homeowner’s or renter’s insurance policy. This policy may cover the victim’s injuries as well as property damages. A damage amount will be rewarded if the cyclist has a home insurance policy. The cyclist may be deemed liable for the accident if one or more of the following situations apply: 

  • They were riding a poorly maintained bike. 
  • They did not check for proper lights in the dark or at night. 
  • They were riding while under the influence of alcohol or other drugs.
  • They ran a stop or red light. 
  • They broke one or more traffic laws.
  • They were cycling at a higher speed than allowed. 
  • They were distracted, such as talking on the phone. 

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If the cyclist does not have a renter’s insurance, it may be difficult to recover compensation. If you are wondering how to check whether a cyclist has insurance, you can find that out with the help of an attorney. Your attorney would require the cyclist’s name and contact details to fetch this information for you. Therefore, make sure you collect this information at the accident site before leaving to get medical help.