Cycling injury after a collision with a pedestrian
Cycling injuries sustained in a collision with a pedestrian are not unusual.
Often cyclist do not pursue a claim against the pedestrian. Cyclists sometimes assume that the law differs in the way it handles vehicle and pedestrian related cycling injuries. This assumption may stem from the fact that cyclists do not carry insurance in the same way as other road users.
In fact the way the law treats claims against pedestrians is exactly the same as claims against drivers. The law will look at where the negligence lies and make a determination accordingly.
Will the pedestrian be insured?
They may be. There is no such thing as 'pedestrian insurance' per se. However, many people will find that they are in fact covered under another policy (such as home insurance) for public liability. This means that any act of negligence by themselves, or possibly by a family member, will be covered on a 3rd party basis - even when they are not at home.
Will you as a cyclist be insured?
You may be. Some cyclist will be aware of any special level of insurance they may carry.. For example a number of cycling societies and associations, such as the British Cycling Federation include 3rd party insurance as part of their membership.
It may also be that the cyclist has cover under a home or motor policy.
Is it as easy to actually get compensation from a pedestrian as a driver?
The short answer is 'No'.
Although the law will take into account all the same factors when attributing blame, the chances of the pedestrian being insured is not as high as a road user.. This means that the claim would have to be brought against the pedestrian in person. If the pedestrian is not in a financial position to be able to pay the compensation settlement, then there is little that can be done about it.
Injuries resulting from a vehicle collision can always be pursued through the Motor Insurers Bureau (MIB) in the event that the driver is either uninsured or untraceable. This route is not an option if the collision is with a pedestrian.
How does Cycling Injury Legal handle pedestrian collisions?
Cycling Injury Legal help injured cyclists find information, legal guidance and support for their recovery. In the case of pedestrian or other cyclist collisions, particular skill and experience is required in unravelling the insurance position and bringing an effective claim.
Our panel of expert cycling solicitors are geared up to help cyclists injured in a collision with a pedestrian seek the compensation they deserve. Whether you have been injured as a result of a pedestrian or other road user's negligence, Cycling Injury Legal can help.