Can a Pedestrian Sue a Cyclist for Causing a Collision?
As an increasing number of people in Fort Lauderdale and other parts of Florida choose bicycles as a means of transportation, the possibility of pedestrian-bicycle collisions also increases. While some accidents are avoidable, others cannot be prevented, and when injuries occur, it is often the pedestrian who bears the brunt of the impact.
If you are a pedestrian who was struck by a cyclist, you might want to discuss your case with a knowledgeable lawyer at Leifer & Ramirez. Our Fort Lauderdale pedestrian accident lawyers will examine the facts of your case and help you understand whether or not you can sue the cyclist or a third party for causing the collision.
Common Causes of Pedestrian-Bicycle Collisions
A collision involving a pedestrian and bicycle can be caused by a wide range of factors, including but not limited to:
- Distracted cycling or walking. When a cyclist or a pedestrian is distracted (e.g., by the phone), they may not see the other person coming. This can happen when listening to music, texting, or talking on the phone.
- Failure to obey traffic signals. When a cyclist runs a red light or stop sign or a pedestrian jaywalks, collisions can occur.
- Riding on sidewalks. While Florida law does not prohibit bicyclists from riding on a sidewalk, the risk of a collision with a pedestrian is more likely when a cyclist decides to use a sidewalk instead of the bike lane or roadway. When a cyclist rides on a sidewalk, they may not be able to stop in time to avoid hitting a pedestrian.
- Riding the wrong way. When a cyclist rides against the flow of traffic, they increase the chances of a collision with a pedestrian.
In most cases, a thorough investigation performed by a lawyer will be necessary to determine what caused the collision involving a pedestrian and a bicyclist.
When a Cyclist May Be At Fault
In most cases, a cyclist is expected to yield to pedestrians. If a cyclist fails to yield, they may be held responsible for any injuries caused. However, there are cases in which a pedestrian may be found partly or wholly at fault. For example, if a pedestrian suddenly steps out into the path of a cyclist without looking, they may share some of the blame.
When a Pedestrian or a Third-Party May Be At Fault
In some cases, a pedestrian may be entirely to blame for a collision. For example, if a pedestrian is walking while intoxicated and walks into the path of a cyclist, they may be held liable for any injuries caused. Third parties such as a city government or a motorist may also be held responsible for accidents that happen. A city government can be held liable due to poorly maintained infrastructure.
Can a Pedestrian Sue a Cyclist for Causing a Collision?
Yes, a pedestrian can sue a cyclist for causing a collision. The cyclist may be found to be entirely or partly responsible for any injuries caused by the collision. For many years, Florida used a pure comparative negligence rule when compensating injured victims for their damages. However, on March 24th, 2023, Florida Governor Ron DeSantis signed a major piece of tort reform bill (House Bill (HB) 837) into law. Among other things, the law changes Florida’s system from a pure comparative negligence approach to a modified comparative negligence approach. Going forward, a plaintiff—including injured pedestrians and cyclists—will be barred from recovering compensation from a defendant if they are found to be more than 50 percent at fault for their own accident. The process of suing can be complicated, and it’s best to speak with a lawyer who has vast experience in personal injury cases to help guide you through the process.
Get Legal Counsel at Leifer & Ramirez
The cyclist may be held liable for any injuries caused, suing the cyclist for causing the collision can be complex. If you have been injured in a pedestrian-bicycle collision and are considering suing the cyclist, you might want to get a case evaluation from an experienced lawyer. Our lawyers at Leifer & Ramirez can determine liability in your case and will help you fight for fair compensation. Call 561-660-9421 to receive a free case evaluation.
We serve clients throughout the state of Florida, including Boca Raton, Delray Beach, Pompano Beach, Deerfield Beach, Fort Lauderdale, and West Palm Beach.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html
