Cycling accidents involving pedestrians: Who is liable?

Cycling injuries sustained in collisions with pedestrians are not uncommon. Whether it happens on a shared path or at a crossing, collisions can lead to serious injuries for cyclists. and pedestrians.

However, many cyclists choose not to pursue a claim against a pedestrian, often due to misconceptions about the legal process or assumptions about insurance.

See also:

Can I claim for an Injury if I was cycling on a zebra crossing?

Can I claim compensation from a pedestrian?

One of the reasons some cyclists hesitate to make a claim after a collision with a pedestrian is the belief that the law treats these incidents differently from accidents involving cars or other vehicles. Some cyclists may think that, because they do not carry insurance like motorists, they have fewer legal options. This is not the case.

The law treats claims against pedestrians in much the same way as claims against drivers. The key issue is establishing negligence - whether the pedestrian acted in a way that caused the accident. If you, as a cyclist, can prove the pedestrian was at fault, you may be entitled to compensation.

Duty of care

In any personal injury case, including those involving cyclists and pedestrians, the legal concept of duty of care is crucial.

All users of roads and public spaces have a duty to act in a way that avoids causing harm to others. For cyclists, this means riding responsibly and being aware of pedestrians, particularly in shared spaces or near crossings. For pedestrians, it means being mindful of their surroundings and not stepping into a cyclist’s path without warning.

If either party fails in their duty of care and causes an accident, they can be held liable for negligence. In a collision, solicitors and courts will look at whether the cyclist or pedestrian breached this duty, and if that breach directly caused the injuries.

Making an injury claim

If a duty of care is breached and an injury occurs as a result, you may be entitled to make a compensation claim.

In cases involving a cyclist and a pedestrian, this means proving that the other party acted negligently, either through reckless behaviour or failing to take reasonable care to avoid an accident. If their actions directly led to your injury, a claim can be made to recover damages for your physical injuries, as well as any financial losses, such as medical expenses or loss of earnings.

Establishing liability

To make a successful injury claim, your solicitor must prove that the pedestrian was at fault. They will gather supporting evidence to build your case.

To give your claim the best chance of success, however, it’s important that you collect as much evidence as possible after the accident. This may include taking photos, getting the contact details of any witnesses, and keeping records of your injuries and medical treatment.

What happens if both the cyclist and pedestrian are at fault?

It’s possible that both you and the pedestrian share responsibility for the accident. This situation is known as 'contributory negligence'.

An example of contributory negligence might be if you were riding on a shared path and a pedestrian suddenly stepped into your path without looking, causing a collision.

If you were riding at a speed higher than is considered safe for that area, particularly with pedestrians around, both parties may be found partially at fault. The pedestrian could be held responsible for not paying attention, while you may be considered negligent for riding too fast in a shared space.

If both parties are found to be partly at fault, any compensation awarded to you may be reduced in proportion to your share of the blame. For example, if you are found to be 25% responsible for the collision, your compensation will be reduced by 25%. The court or solicitors will assess the actions of both parties to determine how liability is divided.

Who would I make a claim against?

If you’ve been injured in a collision with a pedestrian, one of the first questions is whether the pedestrian is insured, as this could affect how compensation is recovered.

Is the pedestrian insured?

While there is no specific 'pedestrian insurance', some people may be covered by their existing insurance policies, such as home insurance.

Many home insurance policies include public liability cover, which can apply to incidents away from home. This could mean that, if a pedestrian’s negligence causes an accident, their insurance may cover your compensation claim.

Are you insured?

Some cyclists may already have insurance without realising it. For example, many cycling organisations, such as the British Cycling Federation, offer third-party insurance as part of their membership. This cover can protect you in the event of a claim, whether you are making or defending one.

It’s also worth checking if your home or motor insurance includes personal injury cover, which might apply even if the incident did not involve your car.

Do you have specialist cyclist insurance?

If you have specialist cyclist insurance, your situation may be more straightforward.

This type of insurance typically includes third-party liability cover, which can protect you against claims brought by others if you are at fault, as well as cover for your own injuries and damages if the pedestrian is liable.

With this insurance in place, your insurer may handle the claim directly, saving you the trouble of pursuing compensation on your own. This can make the process of recovering compensation faster and less stressful, especially if the pedestrian does not have insurance.

See also:

Should I get dedicated cycling insurance?

Is it harder to claim compensation from a pedestrian or a driver?

The law applies the same principles of negligence whether the other party is a pedestrian or a driver. However, practically speaking, it may be harder to recover compensation from a pedestrian.

Unlike motorists, pedestrians are less likely to be insured. If the pedestrian is uninsured and does not have the financial means to pay, recovering compensation may be difficult. With a vehicle collision, injured cyclists can claim through the Motor Insurers Bureau (MIB) if the driver is uninsured or untraceable, but this option is not available for collisions with pedestrians.

This doesn’t mean that claims against pedestrians are impossible, but the process can be more complex and may require expert legal support.

How long do I have to start a claim?

In most personal injury cases, including those involving cyclists, there is a time limit for making a claim. In England, you generally have three years from the date of the accident to file a claim for compensation. This is known as the ‘limitation period’. If you miss this deadline, you may lose your right to pursue a claim.

However, there are some exceptions, such as for children or individuals who lack the mental capacity to make a claim.

See also:

Can a child claim compensation for a cycling injury?

Can I make a compensation claim for someone else?

How can we help?

At Cycling Injury Legal, we understand the unique challenges cyclists face, especially in accidents involving pedestrians. Our team of specialist solicitors are both experienced in personal injury claims and passionate about cycling. This gives us a deeper understanding of the risks cyclists encounter on the road.

We can help you navigate the legal process, whether it involves dealing with insurance complexities or pursuing a claim directly against the pedestrian.

We offer a no win, no fee service, so you can seek compensation without the financial risk. Call us today on 0800 456 1231 for a free consultation and find out how we can support you on the road to recovery.