In a pedestrian-bicyclist accident, the pedestrian likely walks away with the most significant injuries and damages. This is given that the bicyclist wore protective gear, such as a helmet and padding. However, the total damages each party suffers does not directly translate into the amount of fault each contributed to the accident event. Rather, the fault is determined by each party’s actions leading up to the ultimate collision. With that being said, please follow along to find out who’s responsible for a pedestrian-bicyclist accident and how one of the proficient Bergen County auto accident attorneys at McNerney & McAuliffe can help you hold the appropriate party accountable.
Under what circumstances is a pedestrian responsible for a pedestrian-bicyclist accident?
Just like drivers, motorcyclists, and bicyclists sharing the New Jersey roads, pedestrians must hold a certain threshold of care when walking the sidewalks and crossing at intersections. So when they proceed negligently instead, they may land in a pedestrian-bicyclist accident of their own making. Examples of how a pedestrian may be responsible for their own accident are as follows:
- A pedestrian may step out onto a bike lane to cross an intersection before a traffic signal indicates to do so.
- A pedestrian may stand in a bike lane instead of their designated waiting spot while their traffic signal is red.
- A pedestrian may walk on a bike lane instead of their designated sidewalk, without facing oncoming traffic no less.
When should a bicyclist be held liable for an accident?
In a similar sense, a bicyclist must be confident in their ability to operate a bicycle safely before entering major New Jersey roads shared with other drivers, motorcyclists, and especially pedestrians. Below are examples of when a bicyclist may be deemed negligent in a pedestrian-bicyclist accident:
- A bicyclist may run a red light or turn on a red light without yielding and checking their surroundings first.
- A bicyclist may be distracted by a cell phone or earphones that hinder their awareness of their surroundings.
- A bicyclist may not have proper lighting or reflective features on their bicycle when riding on poorly lit roads at night.
Do I have the right to pursue legal action after my pedestrian-bicyclist accident?
If you were involved in a pedestrian-bicyclist accident and are strongly considering legal action, you should first understand New Jersey’s comparative negligence law. This law holds that you may only have the right to pursue a personal injury claim if you can prove that you were 50 percent or less at fault for your accident event. In other words, the civil court cannot find you to be the majority to blame.
With this, your fault percentage may modify the damages amount you can recover. For example, if it is determined that you are 10 percent responsible for your pedestrian-bicyclist accident, you may only be financially compensated for 90 percent of your claimed economic and non-economic damages.
To better understand your legal rights in the matter at hand, please seek the advisement of one of the sound and talented Bergen County personal injury attorneys. Please feel confident in knowing that our team at McNerney & McAuliffe has significant experience in handling legal cases just like yours. So call us today.
