By Irene Wall
Sometimes, people don’t necessarily need to be in vehicles when they’re travelling. As a pedestrian, there are certain perks and benefits of being able to walk to your destination. Not only does it count as a healthy option, but it’s also a good way to maintain fitness, and it can be a convenient way of traveling as it can save costs when your destinations are close. Unfortunately, paths you have to travel as a pedestrian are very close to where bikes are supposed to go, which means the odds of you being hit by a bike as a pedestrian aren’t impossibly low. It’s important then to consider what to do legally if you’ve been hit by a bike rider as a pedestrian.
Do remember however that because different areas have different traffic laws, it’s essential to understand that a basic idea of how traffic laws work in your area and the advice of a legal professional can blend together to give you a more thorough understanding of what to take note of when being hit by a bike as a pedestrian.
If you’ve been hit by a bike rider as a pedestrian, it’s important to remember a couple of things. According to Find Law, it’s relevant to be aware of how traffic law works in terms of riding bikes as injuries concerning them may follow different aspects of the law than what you might be used to. Car accidents and vehicular injuries are things of concern, but bikes also have their own category as there are different factors involved. Legal considerations when you’ve been hit by a bike rider as a pedestrian, however, tend to be similar.
Assess Safety, Surroundings
When you’re hit by a bike rider, check your safety first and assess the surroundings after you’ve been hit. Regardless of whether or not you’re injured, move to a safe space but don’t leave the scene of the accident.
- This is important as your safety is your first and utmost priority. However, go to the hospital if you think you really are in need of immediate medical attention. If not, try to stay in the area to gather more information.
Assess Information, Documentation
If the driver is in the scene of the incident, ask him or her for their contact information. Get their name, contact number, and email address. If you’re unable to get this information, try asking someone else to do it for you. This is important as you need to be able to aware of all the information of the people involved in the incident.
- In speaking of information, try to get contact details of witnesses in the area as well. Don’t be rude and aggressive, but instead try to be approachable. Get their names and contact details, as you may have to contact them in the future.
- If there’s any way to capture the license plate of the bike, please do so. Take a photo of the bike, the scene of the place, and yourself if you’ve sustained injuries. This will help you build a stronger case when contacting your insurer, or should you have decided to file a case.
- Try to get as many details of the incident as possible. Try to include what happened, conditions of the road and weather, and the specific time of the incident. Try to be as detailed as possible and keep a record of it on your person. You can send it to yourself in the phone, or as an email. If you feel anything after the incident such as pain in muscles or any parts of the body, record them as well.
Assess Communication, Support
There will be instances where the driver or biker may approach you and apologise for the incident. A lot of people unfortunately also tend to deny involvement in the matter. Don’t let the driver negotiate with you, and instead keep your part of the story factual and consistent with the things above.
- Don’t immediately repair your bike, and don’t attempt to throw away any form of damaged equipment, or clean the clothes you’ve worn. Try to wait for the incident to be solved before you do anything else with the things on your person during the incident.
- If the biker that hit you is in some way intoxicated, it might be a good idea to communicate with a lawyer such as those in this site in order to find a good course of action should you want to file a case for compensation.
It’s a bit perplexing as to how pedestrians can even be involved in accidents, especially when they’re hit by a bike and its rider. However, as these accidents do still happen, it’s important to understand just how it can affect you and what to consider legally if you’ve been hit by a bike rider as a pedestrian. Admittedly, it’s not going to be a walk in the park, and sometimes the tendency is to really panic, but trying to keep a cool head and approaching the issue with a bit of finesse can greatly help your situation.
Disclaimer: Please remember that this article shouldn’t be treated as any form of legal advice. It’s advised you speak with a lawyer or a legal counsel in order to learn about the specifics of the topic and how it can be applied to your situation.
Irene Wall has been writing about law for more than a decade. She writes pieces on various law topics that she hopes could help the common reader with their concerns. She enjoys playing basketball with her sons during her free time