Collisions between bicycles and pedestrians create liability questions from both perspectives—injured pedestrians seeking compensation from cyclists, and injured cyclists whose accidents involve pedestrians. Understanding how these accidents are treated legally helps all parties navigate the claims process.
Common Bicycle-Pedestrian Collision Scenarios
Bicycle-pedestrian accidents occur in predictable situations. Sidewalk riding puts cyclists in pedestrian space, creating collision risks when pedestrians step unexpectedly or cyclists travel too fast. Crosswalk conflicts arise when cyclists ride through crosswalks while pedestrians are crossing.
Shared-use paths and trails see collisions when speed differentials and unexpected movements cause conflicts. Busy urban areas create risks when cyclists navigate around pedestrians on narrow sidewalks or in crowded zones.
Pedestrian Claims Against Cyclists
Pedestrians injured by cyclists can pursue negligence claims against the rider. Cyclists owe duties of care to pedestrians, including yielding on sidewalks where cycling is permitted, operating at safe speeds around pedestrians, providing warning when approaching from behind, and following traffic laws at crosswalks.
Breach of these duties causing injury supports pedestrian injury claims. Cyclists may be personally liable for damages they cause.
Insurance Coverage for Cyclist Liability
Unlike motor vehicles, bicycles typically are not covered by mandatory liability insurance. However, cyclists may have coverage through homeowners or renters insurance policies, which often include personal liability coverage for negligent acts away from the home.
Coverage limits are typically $100,000 to $300,000—less than auto policies but potentially sufficient for many injury claims. Umbrella policies may provide additional coverage.
Cyclist Injuries Involving Pedestrians
Cyclists may be injured when pedestrians cause accidents—stepping into the cyclist's path, walking unpredictably, or crossing without looking. Cyclists who swerve to avoid pedestrians and crash may seek compensation from the pedestrian whose conduct caused the accident.
These claims face practical challenges. Pedestrians typically have limited insurance coverage (if any) and may lack assets to pay judgments. The cyclist may need to rely on their own coverage.
Comparative Fault Analysis
Bicycle-pedestrian collisions often involve shared fault. The cyclist may have been traveling too fast while the pedestrian stepped out unexpectedly. Comparative fault principles reduce recovery based on each party's percentage of responsibility.
Factors considered include whether cycling was permitted where the accident occurred, the cyclist's speed relative to conditions, whether the cyclist yielded or warned appropriately, and whether the pedestrian looked or acted predictably.
Special Considerations for E-Bikes and Scooters
E-bikes and electric scooters traveling at higher speeds create greater pedestrian injury risks. Some jurisdictions classify certain e-bikes as motor vehicles, potentially triggering different insurance requirements. The increased danger may affect liability analysis and damages.
Rental scooter companies may face liability theories when their riders injure pedestrians, though users agree to indemnify companies in rental agreements.
Whether you are a pedestrian struck by a cyclist or a cyclist injured in a pedestrian-involved accident, consulting with an attorney helps identify available coverage and liability issues.