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Bicycle & Pedestrian Accidents

Skilled Personal Injury Lawyers Handling Bicycle and Pedestrian Accident Claims

Bicycle and pedestrian accidents occur with alarming frequency in New York and Florida. In 2024, New York City alone saw over 5,000 cyclist injuries, while Florida remains one of the nation’s most dangerous states for pedestrians, reporting over 10,000 crashes annually. These individuals often face uphill battles, including “victim-blaming” defenses and complex “no-fault” insurance rules that can complicate a bicycle accident claim.

 

The challenges are significant: a pedestrian accident claim may be denied if right-of-way is disputed or if surveillance footage isn’t secured immediately. At HL Law Group, we help the injured navigate these hurdles. Whether you need a bicycle accident attorney to reconstruct a collision or a pedestrian accident attorney to challenge biased police reports, our team provides the rigorous advocacy necessary to secure the compensation you deserve for medical bills and lost wages.

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Common Injuries in Bicycle and Pedestrian Accident Cases

Pedestrians and cyclists are highly vulnerable on the road because they lack the structural protection of a vehicle. When a collision occurs, the secondary impact with the pavement often results in severe, multi-system trauma. For those filing a bicycle and pedestrian accident claim, the path to recovery usually involves intensive medical intervention.

Common injuries include:

  • Traumatic Brain Injuries: Ranging from concussions to permanent cognitive deficits, even when a helmet is worn.
  • Lower Extremity Fractures: Specifically “bumper injuries” to the tibia and fibula, often requiring surgical stabilization.
  • Pelvic and Hip Fractures: Common in high-impact collisions, frequently leading to long-term mobility issues.
  • Road Rash and Soft Tissue Trauma: Deep abrasions and skin loss that may require grafting and can cause permanent scarring.
  • Spinal Cord Trauma: Vertebral fractures or disc herniations that may result in partial or total paralysis.

Due to the life-altering nature of these events, having a reliable bicycle and pedestrian accident attorney can help ensure your future care needs are professionally valued and pursued.

Proving Liability in Bicycle and Pedestrian Accident Cases

Establishing fault in a pedestrian accident claim or a bicycle collision involves proving that a motorist breached their “duty of care” toward vulnerable road users. Liability often hinges on proving negligence, such as distracted driving, speeding, or a failure to yield at a designated crosswalk or bike lane. Because pedestrians and cyclists have no outer protection, the burden of proof frequently requires reconstructing the moments leading up to impact.

Key evidence in proving a claim includes traffic camera footage, GPS data from wearable devices, and witness statements. Since insurance companies often invoke “comparative negligence” to argue that a cyclist was outside a lane or a pedestrian was jaywalking, legal guidance is common. Injured individuals should consult a pedestrian accident attorney or a bicycle accident attorney to counter these defenses. Successfully proving liability ensures that the responsible driver’s insurance covers the significant medical costs associated with these high-impact collisions.

Challenges in Bicycle Accident Cases

Litigating a bicycle accident claim involves unique obstacles, primarily due to the vulnerability of the rider and common misconceptions regarding road rights. Establishing liability requires overcoming specific evidentiary hurdles.

Common challenges include:

  • Identifying Right-of-Way: Disputing motorist claims that the cyclist was not following traffic laws or was riding outside designated lanes.
  • Biased Police Reports: Correcting initial reports that may unfairly blame the cyclist due to a lack of understanding of cycling-specific statutes.
  • Severe Evidence Degradation: Physical evidence at the scene, such as tire marks or bike damage, can be lost if not documented immediately.
  • Proving Visibility: Countering the defense that the cyclist was “invisible” or lacked proper reflective gear.

These types of cases often hinge on technical traffic reconstructions. With the help of an experienced bicycle accident attorney, you can secure video footage and expert testimony to prove driver negligence.

Challenges in Pedestrian Accident Cases

Successfully litigating a pedestrian accident claim involves overcoming significant evidentiary hurdles, particularly when a person suffers severe trauma and cannot provide a statement.

Common challenges include:

  • Determining Right-of-Way: Resolving disputes over whether the pedestrian was inside a crosswalk or followed “walk” signals.
  • Proving Driver Distraction: Securing cell phone records or cabin data to prove the motorist was not looking at the road.
  • Comparative Fault: Defending against claims that the pedestrian was “darting” into traffic or wearing dark clothing.
  • Identifying Hit-and-Run Drivers: Tracking down motorists who fled the scene using doorbell cameras or paint transfer analysis.

Because liability is often contested by insurers, it is wise to get advice from a pedestrian accident attorney. With their experience and network, they can reconstruct the scene and secure forensic evidence before it disappears.

 The Role of an Attorney in Bicycle and Pedestrian Accidents

 Managing a bicycle and pedestrian accident claim involves unique challenges, particularly regarding right-of-way disputes and high-value medical damages. An attorney provides the technical knowledge and a network of experts necessary to establish liability when a vulnerable road user is struck by a motor vehicle.

The key responsibilities of an attorney include:

  • Securing Forensic Evidence: Retrieving nearby traffic camera footage, GPS data, and witness statements to prove the motorist’s fault.
  • Analyzing Right-of-Way Laws: Applying specific statutes regarding crosswalks, bike lanes, and “reasonable care” standards for drivers.
  • Medical Liaison: Ensuring that complex trauma, such as pelvic fractures or traumatic brain injuries, is fully documented by specialists.
  • Insurance Coordination: Identifying all available coverage, including the driver’s liability policy and the injured person’s own Underinsured Motorist (UIM) coverage.

A bicycle and pedestrian accident attorney, by collaborating with specialists, can help accurately project future rehabilitation costs and advocate for a fair settlement.

We Advocate for You and Your Safety on the Road

Bicycle and pedestrian accidents often result in some of the most severe, life-altering injuries due to the total lack of protection for the injured. Whether you were struck in a crosswalk in New York City or forced off a bike lane in Bradenton, the path to recovery is often obstructed by insurance companies attempting to shift blame.

Navigating these claims requires a specialized understanding of local infrastructure laws and the “serious injury” thresholds that determine your right to sue. In both Florida and New York, proving a driver’s failure to yield or distracted behavior is critical to overcoming the initial $10,000 or $50,000 no-fault limits. You do not have to carry the burden of medical bills and lost wages alone while you heal.

Take action to protect your future. Contact our office today for a free, no-obligation case review. We will evaluate the evidence—from traffic camera footage to witness statements—and build a strategy designed to secure the full compensation you need for your long-term recovery. Call us today at (866) 673-5553 or email [email protected] for inquiries.

If you have a question about your insurance claim, relating to the coverage you have or about information you received from your insurance carrier, feel free to call our office and speak with one of our attorneys. More than a law firm, HL Law Group is a legal resource for its clients.

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