The party whose carelessness caused or contributed can be liable for a pedestrian-bicycle accident in Georgia for money damages. The pedestrian, bicyclist, or a third party, like the driver of a car, can be responsible for the injuries and losses. Sometimes, more than one person or party is at fault.
When a Pedestrian Can Be Liable for a Pedestrian-Bicyclist Accident in Georgia
Pedestrians do not have an absolute right of way. Walkers are supposed to proceed with caution and obey traffic signals and signs.
A pedestrian can cause a collision with a bicycle through negligent behavior. Here are some ways that a pedestrian can cause a wreck with a bicyclist:
- The pedestrian is walking in the bike lane instead of the walking path.
- The walker suddenly steps out in front of a bicyclist.
- A distracted pedestrian, while on the phone or texting, is not looking where they are going and collides with a moving bike.
- An intoxicated person stumbles or falls, causing an accident with a bicycle. Alcohol is a factor in many pedestrian accidents.
These are only a few examples of scenarios in which a walker can be liable for a pedestrian-bicycle accident in Georgia.
When a Bicyclist Can Be Liable for a Pedestrian-Bicyclist Accident in Georgia
Like pedestrians, bicyclists do not have an absolute right of way. People riding bikes are supposed to observe the rules of the road. The bicyclist can be responsible for the accident if:
- The bicyclist strikes a pedestrian in the crosswalk who was given the traffic control signal to cross.
- The bicyclist distracted, such as cellphone use, and runs into a person on foot.
- The bicyclist moves erratically, darting in and out of traffic, and strikes a walker.
- The bicyclist rides his bike on the sidewalk and hits a pedestrian.
There are many additional ways that a bicyclist’s carelessness can cause a pedestrian-bicyclist accident.
When a Car Driver Can Be Liable for a Pedestrian-Bicyclist Accident in Georgia
If a car comes too close to a bicycle, the bicyclist might have to swerve suddenly to avoid getting struck by the motor vehicle. The evasive maneuver might put the bike into the path of a pedestrian. The car does not have to make physical contact with either the bike or the walker to be at fault for the accident.
When Another Third Party Can Be Liable for a Pedestrian-Bicyclist Accident in Georgia
If a hazard, like a dangerous sidewalk, malfunctioning crossing signals, or some other infrastructure problem caused or contributed to the harm, the responsible third party can be liable for the pedestrian-cyclist accident. The city or county might have to pay money damages for flaws in the sidewalk or equipment.
Someone else might cause an unsafe situation that leads to a crash of a bicyclist and a walker. Let’s say that a restaurant pours some of its dishwater in the alley behind the building. The slick surface could cause a bicyclist and pedestrian to slide into each other. The restaurant could be liable for creating the dangerous condition that resulted in the accident.
Multiple Parties at Fault
When one person is careless, the other party might be able to avoid a collision, but if both parties are negligent, their actions might combine to create an accident. In that circumstance, both parties can be liable.
Let’s say that a bicyclist was playing a game on his cell phone when a drunk walker stepped into the bicycle lane. If the bicyclist had been paying attention, he could have avoided a collision with the pedestrian, but he was looking at his cell phone when the two collided. Both the walker and the bicyclist can be responsible for causing the accident. The judge will apportion a percentage of fault to each party.
Damages in a Pedestrian-Bicyclist Accident in Georgia
The at-fault party can be responsible for your losses from the collision. These money damages can include things like:
- Medical expenses to treat your injuries, such as the ambulance, emergency room, hospital, surgery, doctors, diagnostic testing, prescription drugs, and physical therapy
- Lost wages, if you missed time from work without pay because of your recuperation from the accident
- Pain and suffering for the physical discomfort and emotional distress of the experience
- Other intangible losses, like disfigurement, loss of enjoyment of life, and a spouse’s claim for loss of consortium
Also, if your close relative died from injuries sustained in a pedestrian-bicyclist accident, talk with us about going after additional damages for your losses.
How to Sort Out Who Was at Fault in Your Pedestrian-Bicyclist Accident
You do not have to figure out who is liable for a pedestrian-bicycle accident in Georgia. At S. Burke Law, we will be happy to take a look at your situation at no cost to you. We offer a free consultation and case evaluation. Call us today at 404-842-7838. There is no obligation.