Cyclist-Pedestrian Accidents
Collisions between cyclists and pedestrians happen thousands of times each day across the United States. In fact, a study conducted in the state of New York found that “in New York State alone, there were approximately 1000 pedestrians struck by cyclists each year necessitating medical treatment at a hospital.” Of course, the vast majority of these types of accidents do not require medical treatment at a hospital, so this number probably only represents a sliver of all such accidents. There is no reason to think that cyclist-pedestrian accidents are not also occurring every day in Georgia.
While most cyclist-pedestrian accidents are minor, they can seriously injure either party. If you have been involved in a cyclist-pedestrian accident, you should contact a Georgia personal injury attorney to help you understand your rights. Cyclist-pedestrian accidents can raise some complicated issues and are often as difficult to sort through as auto accident cases.
Cyclist-Pedestrian Accident Law
Cyclists and pedestrians both owe each other a duty to act with reasonable care. This means that cyclists and pedestrians have a duty to pay attention, watch out for each other, and follow traffic and pedestrian rules. Because bicycles are considered “vehicles” under Georgia’s Traffic Code, cyclists must generally follow the rules of the road. Although city laws may vary, this usually means that cyclists should not ride on sidewalks or pathways that are not specifically designated for bicycle use.
Pedestrians have the right of way when crossing a road at an intersection, but must yield to cyclists if they are crossing a street at some other point. If a cyclist or pedestrian violates the law and causes an accident, they will be presumed negligent. If neither party violated a specific rule, fault is determined simply by analyzing whether a party acted unreasonably. Proving fault requires good evidence, such as eyewitness testimony that the defendant was unreasonable.
One, both, or neither party to a cyclist-pedestrian accident could be at fault. When both parties are at fault, under Georgia’s comparative fault regime, the award to the plaintiff is reduced in proportion to his or her percentage of fault.
Georgia is currently taking steps to reduce these types of accidents. For instance, many elements of the Georgia Bicycle and Pedestrian Safety Plan are intended to make bike lanes, sidewalks, and other pathways safer so that cyclists and pedestrians are not ever forced to use the same space. The most important things you can do, as either a cyclist or a pedestrian, are to follow the rules, pay attention, and use common sense.
Contact an Experienced Cobb County Personal Injury Lawyer if You Would Like to Discuss Your Case
The attorneys at Williams Elleby Howard & Easter, seek justice for personal injury victims across Georgia. Attorney Joel Williams is dedicated to getting the best possible outcome for each of his clients, whether that means negotiating with the opposing party or preparing for a contentious trial. If you have been involved in a cyclist-pedestrian accident and would like to discuss your case, contact Williams Elleby Howard & Easter in Kennesaw, Georgia, today at 833 – LEGALGA for a free consultation.
