While sidewalks are designed as safe havens for pedestrians, sidewalk accidents still occur with surprising frequency. Whether caused by vehicles leaving the roadway, cyclists, or hazardous conditions, pedestrians injured on sidewalks often have strong legal claims because they were exercising reasonable care by staying out of traffic.
Vehicles Striking Pedestrians on Sidewalks
When a vehicle leaves the roadway and strikes a pedestrian on a sidewalk, the driver's negligence is typically clear. Common causes include drunk driving, distracted driving, speeding, medical emergencies, and loss of control. In these cases, pedestrians bear no fault—they were exactly where they were supposed to be.
These accidents often cause catastrophic injuries because pedestrians on sidewalks have no warning and no opportunity to react. The force of impact combined with potential crushing against buildings, poles, or other fixed objects creates devastating trauma.
Drivers, vehicle owners, and their insurers are liable for all damages. If the vehicle was being operated for business purposes, employer liability may provide additional compensation sources. In DUI cases, establishments that over-served alcohol may face dram shop liability.
Dangerous Sidewalk Conditions
Property owners and municipalities have duties to maintain sidewalks in reasonably safe condition. Dangerous conditions that cause pedestrian injuries include cracked, uneven, or broken pavement; tree root upheaval creating trip hazards; ice and snow accumulation; inadequate lighting; missing or damaged sections; and obstructions blocking the path.
Liability depends on who is responsible for sidewalk maintenance. In many jurisdictions, adjacent property owners must maintain sidewalks fronting their property. Cities typically bear responsibility for public sidewalks and may be liable for failing to repair known hazards or conduct reasonable inspections.
Government Immunity and Notice Requirements
Claims against cities and municipalities for sidewalk defects involve governmental immunity considerations. Many states require proof that the government had actual or constructive notice of the dangerous condition—meaning they knew about it or should have known through reasonable inspection.
Administrative claim requirements typically impose strict deadlines ranging from 30 days to 6 months. Missing these deadlines can bar claims entirely. Damage caps may also limit recovery against government entities.
Bicycle and E-Scooter Collisions on Sidewalks
In many areas, bicycles and e-scooters are prohibited or restricted on sidewalks, yet riders frequently use them anyway. When cyclists or scooter riders collide with pedestrians, they can be held liable for injuries caused. The pedestrian's right to the sidewalk is superior to vehicles and devices that should not be there.
Identifying liable parties in bicycle and scooter collisions can be challenging. If the rider flees, witnesses and surveillance footage become crucial. E-scooter rental companies may face liability theories related to inadequate safety warnings or encouragement of illegal sidewalk riding.
Proving Your Sidewalk Injury Claim
Documentation is essential for sidewalk injury claims. Photograph the exact location and hazardous condition immediately if possible. Note specific defects—measurements of height differentials, crack sizes, or obstruction locations strengthen claims. Obtain witness contact information and check for surveillance cameras.
For trip-and-fall cases, medical records linking the fall to your injuries are crucial. Seek medical attention promptly and describe exactly how the accident occurred.
If you have been injured on a sidewalk—whether by a vehicle, cyclist, or dangerous condition—consult with an attorney promptly to meet any applicable notice deadlines and preserve important evidence.