Can I Pursue A Bicyclist That Hit Me To Recover Compensation For My Injuries If I Was Jogging On A Marked Bike Path?
- October 4, 2017
If you’re jogging or walking on a marked bike path, you would be able to file a suit against a bicyclist who hits you while you’re jogging or walking. Unless a path is market otherwise, paths are considered to be mixed-use paths, meaning they are intended for both joggers, walkers and bicyclists.
If you’re hit by a bicyclist while jogging on a marked path, check to see whether the path is explicitly marked as bicycles only. If it’s not, you would be able to sue any bicyclist who hits you. From that point forward, your case would be based on whether you can demonstrate that the bicyclist was negligent and that you suffered some type of injury or loss as a result of the collision.
The Types of Claims You Can Make
You would be able to sue the bicyclist for negligence. In the suit, you’d argue that the bicyclist was riding in an unreasonable manner, and that you’d suffered demonstrable injuries as a result of the bicyclist’s conduct.
You would make a case that you deserve damages for the following things, if applicable to your situation: Property damage, lost income and lost wages, medical bills, disability, loss of a normal life, any scarring you suffered, as well as long term pain and suffering and miscellaneous expenses.
If the bicyclist owns a home, you’d be able to make an injury claim against the bicyclist’s homeowner’s insurance company.
Should You Contact the Police if Struck by a Bicyclist
You should absolutely contact the police. In the same manner as if you were hit by a vehicle as a pedestrian, you out to contact the police if hit by a bicyclist. This will serve to document the incident, and also to make sure that you as the injured party can receive any medical care you require.
How Do You Gain Compensation if Struck by a Bicyclist?
Many paths are designated as being available to both pedestrians and bicyclists, and often times grow very crowded. This is especially true on weekends or other peak times for physical outdoor activity. As a result of this congestion, there are semi-frequent incidents where bicyclists hit pedestrians. These collisions often times cause significant injuries, especially to pedestrians struck by bicyclists.
It’s worth noting that a significant difference between pedestrian collisions involving bicycles versus automobiles is that bicyclists are not covered by any kind of insurance, whereas with automobile accidents the driver is covered by their auto insurance. As a result, if you’re injured by a bicyclist you would pursue action against the cyclist directly.
Does the Speed of the Bicyclist Play a Factor in Your Claim?
The speed with which the bicyclist is riding can play a very significant part in your claim. Bicyclists are required to maintain a speed that is reasonable and safe for the situation in which they’re riding, and are prohibited from speeding.
If you’re able to successfully make the argument that the bicyclist was going too fast for the circumstances in which your collision happened, the bicyclist might actually be in violation of the law. If this were the case, it would be quite a bit easier to demonstrate that the bicyclist was acting in a negligent manner, and so is responsible for any injuries, damage to personal property, or other adverse effects you sustained.
What Rights and Responsibilities do Bicyclists Have?
Bicyclists are treated largely in the same way as drivers of automobiles are treated. They are granted all the rights and opportunities that automobile drivers are granted, but this also extends to responsibilities. Bicyclists are obligated to follow traffic signals and stop sign, as well as any other rules of the road that apply to cars.
In effect, bicycles and bicyclists riding them are treated virtually identically to the way automobiles and drivers are treated, in the eyes of the law. In the case of an accident involving a pedestrian and a bicyclist, much of the same information and consideration would go into determining who is at fault and who is liable for any damages as if the collision were between an automobile and a pedestrian.