Yes, you can sue a bicyclist that hit you while you were jogging in a marked bike path because, unless marked otherwise, these are mixed use paths and are intended for both bicyclists and joggers/walkers.
What Are The Rights Of Bicyclists In California?
Once a pedestrian and a bicyclist get into an accident, the question soon become what are the rights of both of them vis-a-vis each other. Obviously, a pedestrian is owed care and attention from other walkers, bikers, and drivers. But what about bicyclists? California and cities all across the state grant them with rights and responsibilities in their respective Vehicle Codes. In particular, they give bicyclists all the opportunities that drivers of motor vehicles would receive. On the other hand, this also means that they have to similarly follow stop signs, traffic signals, and other rules of the road that are applicable to cars, trucks, and motorcycles. In other words, bikes are treated much in the same way as cars are treated for the purposes of California law.
How Do I Pursue Compensation If I Am Hit By A Bicyclist?
In Orange County, we are fortunate to have extensive bicycle paths across the city and along the lakefront. As noted above, many paths in California are actually intended for bicyclists and pedestrians. Particularly during weekends when the paths become congested, there are episodes where bicyclists have struck pedestrians causing significant injuries. While these collisions are different from most pedestrian injury cases in that there is no automobile insurance coverage available, an injured pedestrian can pursue a cause of action against the cyclist for negligence.
What Kind Of Claim Can You Make Against The Cyclist?
You would sue them for negligence. In that claim, your argument would be that the bicyclist was riding unreasonably. Further, you would have to show that you suffered injuries because of the rider’s unreasonable conduct. Then, you could make a case for damages and seek recovery for the following items (if applicable):
- Medical bills
- Miscellaneous expenses
- Property damage
- Lost wages
- Lost income
- Long-term pain and suffering
- Loss of normal life
In situations where the bicyclist owns a home, an injury claim may be asserted against the homeowner insurance company.
Does The Speed That The Bicyclist Was Riding At Have Anything To Do With My Claim?
Yes, the speed that the bicyclist was riding at does have something to do with your claim. California law prohibits them from speeding and requires them to travel at a rate that is safe for the situation. Therefore, if you could argue that they were biking too fast for the circumstances, then they might be in violation of the law and negligent per se. This would make it a lot easier to demonstrate that the bicyclist is responsible for your injuries.
Should I Contact The Police If I Am Hit By A Bicyclist?
Just as you would contact the police for a pedestrian accident involving a vehicle, the police should be contacted when a pedestrian is struck by a cyclist in order to document the incident and so the injured pedestrian can obtain necessary medical care.
Still Wondering If You Have A Pedestrian Accident Claim?
Jimmie Kang Law Firm meets every day with injured people across California. We help them get to know the laws and understand how they can seek justice through the courts. Plus, we do all of this work on contingency so that clients don’t need to worry about any costs whatsoever until the case has concluded. To hear more about how you can recover compensation for your injuries, contact the Jimmie Kang Law Firm today.
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- Drunk Driving
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- Crosswalk Accidents
- Pedestrian Accident FAQ
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- Back and Neck
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For additional information see the following pages:
- Are There any California Laws to Protect Pedestrians in Crosswalks?
- I was Told That I was Partially at Fault for my Accident. Can I Still Pursue a Claim for my Injuries?
- Can I Pursue a Bicyclist That Hit me to Recover Compensation for my Injuries if I was Jogging on a Marked Bike Path?
- Can I File a Wrongful Death Lawsuit if my Family Member was Killed in a Pedestrian Accident?
- Do California Drivers owe Pedestrians any Special Duties of Care Under California Law?
- California Pedestrian Accident FAQ’s