When people think about bicycle accidents, they usually picture a cyclist being hit by a car. But there is another type of accident that can cause surprisingly serious injuries: a cyclist colliding with a pedestrian.
A bicycle may not weigh thousands of pounds like a car, but a cyclist traveling at a significant speed can strike a pedestrian with enough force to knock the person to the pavement, cause broken bones, head injuries, spinal injuries, or other serious harm.
These accidents can happen on sidewalks, walking paths, crosswalks, boardwalks, parking areas, trails, intersections, and other places where cyclists and pedestrians share or cross the same space.
If a cyclist hits a pedestrian in California, one of the first questions is usually: Who is responsible?
The answer depends on how the collision happened.
California law generally requires cyclists to follow many of the same rules of the road that apply to drivers. However, bicycle-pedestrian accidents can involve additional questions, including where the cyclist was riding, whether the cyclist was traveling at a safe speed, whether the pedestrian suddenly entered the cyclist's path, whether local bicycle regulations applied, and whether either person had enough time to avoid the collision.
Understanding these issues can be critical when determining liability and pursuing compensation after a bicycle-pedestrian accident.
Can a Cyclist Be Liable for Hitting a Pedestrian in California?
Yes.
A cyclist can potentially be held financially responsible when negligent bicycle operation causes a pedestrian's injuries.
Under California Vehicle Code Section 21200, a person riding a bicycle on a highway generally has the rights and is subject to the provisions applicable to drivers of vehicles, except for rules that by their nature do not apply to bicycles.
That means cyclists are expected to operate their bicycles responsibly.
Depending on the circumstances, negligent cycling may include:
- Riding too fast for the conditions
- Failing to yield when required
- Ignoring traffic signals or stop signs
- Riding while distracted
- Failing to keep a proper lookout
- Riding too close to pedestrians
- Entering a crosswalk or pedestrian area without adequate caution
- Riding recklessly through a crowded area
- Failing to use appropriate lighting when riding at night
- Riding under the influence of alcohol or drugs
The central question in many bicycle-pedestrian injury claims is whether the cyclist acted reasonably under the circumstances.
Why Bicycle-Pedestrian Accidents Can Cause Serious Injuries
It is easy to underestimate the force involved in a bicycle collision.
Consider a cyclist traveling downhill or riding an electric bicycle at a relatively high speed. If that cyclist strikes a pedestrian who has little or no warning, the pedestrian may be thrown onto concrete, asphalt, a curb, or another hard surface.
The initial impact is only part of the danger.
Many serious injuries occur when the pedestrian hits the ground after being struck. Potential injuries include:
Traumatic brain injuries. A pedestrian may strike their head on the pavement even if the bicycle itself never hits the person's head.
Concussions. Concussions may occur without a loss of consciousness and can cause headaches, dizziness, memory problems, sensitivity to light, nausea, and difficulty concentrating.
Broken wrists and arms. People instinctively extend their hands when falling, which can result in fractures.
Shoulder injuries. A hard fall can cause fractures, dislocations, rotator cuff injuries, and soft-tissue damage.
Hip and pelvic injuries. These injuries can be particularly serious for older pedestrians.
Knee and ankle injuries. The bicycle itself can strike the lower body, or the twisting motion of the fall can damage ligaments and joints.
Back and spinal injuries. A pedestrian knocked backward or sideways may suffer injuries to the neck, back, or spine.
Facial and dental injuries. Direct contact with the bicycle or pavement can cause facial fractures, cuts, scarring, or damaged teeth.
Some injuries may not become fully apparent until hours or even days after the accident.
Example: A Cyclist Hits a Pedestrian From Behind
Imagine a pedestrian walking on a shared recreational path.
A cyclist approaches from behind at a high rate of speed. Instead of slowing down and allowing enough space to pass safely, the cyclist attempts to squeeze past the pedestrian.
The cyclist clips the pedestrian's shoulder.
The pedestrian falls onto the pavement, fractures a wrist, injures a shoulder, and suffers a concussion.
In a situation like this, investigators may examine the cyclist's speed, whether the cyclist provided any warning, how crowded the path was, whether signs instructed cyclists to slow down, and whether a reasonably careful cyclist would have reduced speed before passing.
If the evidence shows the cyclist was traveling too fast or passed without sufficient clearance, those facts could support a negligence claim.
What If the Pedestrian Suddenly Steps in Front of the Bicycle?
Not every bicycle-pedestrian collision is automatically the cyclist's fault.
Suppose a cyclist is traveling lawfully and cautiously when a pedestrian suddenly steps directly into the bicycle's path without looking.
If the cyclist had virtually no time or distance to stop, liability may be very different. California follows a comparative-fault system. This means responsibility can potentially be
divided among the people whose negligence contributed to an accident.
For example, imagine evidence supports a finding that a cyclist was 70% responsible because the cyclist was traveling too fast, but the pedestrian was 30% responsible because the pedestrian suddenly entered the cyclist's path while distracted.
The pedestrian's compensation could potentially be reduced according to the percentage of responsibility attributed to the pedestrian.
This is one reason evidence matters so much in bicycle-pedestrian accident cases.
Bicycle Accidents on Sidewalks
Sidewalk bicycle rules can be particularly complicated because local ordinances may regulate where bicycles can be ridden.
A person should not automatically assume that bicycle riding on every California sidewalk is either always permitted or always prohibited.
Local rules can matter.
Even where bicycle riding is permitted, a cyclist still has a responsibility to operate the bicycle with reasonable care.
A cyclist traveling quickly through an area filled with pedestrians, children, pets, restaurant patrons, or people entering businesses may create an unreasonable risk even if bicycles are technically permitted in that location.
The location and circumstances therefore matter just as much as the fact that a bicycle was involved.
Crosswalk Accidents Between Cyclists and Pedestrians
Crosswalks can create another complicated scenario.
A collision may happen when a cyclist approaches an intersection, crosses a pedestrian's path, turns through a crosswalk, or fails to anticipate pedestrians entering the crossing area.
Determining responsibility may require reviewing:
- Traffic signals
- Pedestrian signals
- Bicycle signals
- Right-of-way rules
- Direction of travel
- Speed
- Visibility
- Road markings
- Witness statements
- Surveillance footage
- The position of the bicycle and pedestrian immediately before impact
A few seconds of video footage can completely change how an accident is understood.
Distracted Cycling Can Cause Pedestrian Accidents
Distracted riding can be just as dangerous as distracted driving in certain environments.
A cyclist looking at a phone, adjusting headphones, talking to another rider, or simply failing to watch the path ahead may not notice a pedestrian until it is too late.
Consider a cyclist traveling through a busy pedestrian area while looking down at a phone. A pedestrian ahead stops to tie a shoe.
The cyclist does not notice the pedestrian until immediately before impact and crashes into the person.
Evidence showing that the cyclist was distracted could become important when determining whether the cyclist exercised reasonable care.
Electric Bicycles Can Increase the Severity of Pedestrian Accidents
Electric bicycles have added another dimension to bicycle-pedestrian safety.
Depending on the type of e-bike and riding conditions, an electric bicycle may travel substantially faster than a traditional bicycle while still being used in areas where pedestrians are nearby.
Speed matters because greater speed can mean less reaction time and potentially greater impact forces.
An e-bike collision may therefore require investigators to determine not only what happened but also what type of electric bicycle was involved, where it was being operated, how fast it was traveling, and what rules applied to that particular location and bicycle classification.
What Evidence Can Prove a Cyclist Was at Fault?
Evidence can disappear quickly after a bicycle-pedestrian accident.
Important evidence may include photographs and videos of the accident scene, surveillance footage from nearby businesses or homes, witness contact information, police or incident reports, photographs of injuries, medical records, damaged clothing or personal belongings, photographs of the bicycle, helmet-camera footage, and electronic information when relevant and legally obtainable.
The location should also be documented.
Photographs showing signs, crosswalk markings, bicycle lanes, pedestrian paths, obstructions, lighting conditions, and visibility can help reconstruct how the accident occurred.
Surveillance footage can be especially valuable.
Many businesses automatically overwrite security footage after a certain period. Identifying potential cameras quickly may therefore be extremely important.
What Should You Do After Being Hit by a Cyclist?
If you are struck by a bicycle, your health comes first.
Seek appropriate medical attention, particularly if you hit your head, experience significant pain, feel dizzy, have difficulty walking, or develop neurological symptoms.
When possible, also obtain the cyclist's identifying and contact information.
Document the scene before conditions change. Photograph the bicycle, your injuries, the surrounding area, signs, pavement markings, and anything else that may help explain what happened.
Get contact information from witnesses.
If law enforcement or another agency responds, obtain information about the resulting report.
Keep records of medical treatment, prescriptions, transportation expenses, missed work, and other accident-related losses.
Avoid assuming that an injury is minor simply because the collision did not involve a car.
What Compensation May Be Available After a Bicycle-Pedestrian Accident?
When negligence causes a pedestrian injury, compensation may potentially include economic and non-economic damages depending on the circumstances.
These may include:
- Emergency medical treatment
- Hospital bills
- Physician visits
- Diagnostic imaging
- Physical therapy
- Future medical care
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Disability or physical limitations
- Scarring or disfigurement
- Other accident-related losses
The value of a claim depends on the severity of the injuries, available evidence, liability, insurance coverage, medical treatment, long-term prognosis, and many other factors.
Who Pays When a Cyclist Injures a Pedestrian?
This can be one of the most complicated parts of a bicycle-pedestrian injury case.
Unlike automobile drivers, cyclists generally do not carry bicycle liability insurance comparable to mandatory automobile liability coverage.
However, that does not necessarily mean there is no potential insurance coverage.
Depending on the circumstances and policy language, certain homeowners or renters insurance policies may provide liability coverage for some bicycle accidents.
Other potentially responsible parties may also need to be investigated.
For example, if the cyclist was performing work or making a delivery when the accident occurred, questions may arise regarding the cyclist's employment or business relationship and whether another person or company could potentially bear responsibility.
If dangerous public property contributed to an accident, entirely different legal issues and deadlines may arise.
Every case should therefore be evaluated individually rather than assuming that the cyclist is the only potential source of recovery.
Example: Delivery Cyclist Strikes a Pedestrian
Consider another scenario.
A bicycle courier is making deliveries in a crowded commercial area. The cyclist is rushing to complete a delivery and travels through an area with substantial pedestrian traffic without reducing speed.
The cyclist strikes a pedestrian, causing the pedestrian to fall and suffer a serious knee injury requiring surgery.
The investigation may go beyond the cyclist's actions.
Questions could include whether the cyclist was working at the time, what company or platform was involved, the nature of the working relationship, whether insurance coverage exists, and whether additional parties could potentially be responsible.
Identifying every potentially responsible party can be important, particularly when injuries are serious.
What If a Child or Elderly Person Is Hit by a Bicycle?
Some pedestrians are especially vulnerable to bicycle collisions.
Children can behave unpredictably and may not accurately judge the speed of an approaching bicycle. Cyclists traveling near playgrounds, schools, parks, beaches, and family-oriented pedestrian areas should anticipate the possibility of children nearby.
Older adults can also suffer devastating injuries from what might initially appear to be a relatively low-speed collision.
A fall that causes minor injuries in a younger person could cause a hip fracture, head injury, or extended hospitalization in an elderly pedestrian.
The seriousness of a bicycle-pedestrian collision should therefore never be judged solely by the speed of the bicycle.
How Long Do You Have to File a Pedestrian Injury Claim in California?
California generally provides a two-year statute of limitations for personal injury lawsuits.
However, there are important exceptions, and some claims can have significantly shorter deadlines.
Claims involving government entities are particularly important because a person may first need to submit an administrative claim within a much shorter period.
Waiting can also make an accident more difficult to prove.
Witnesses disappear. Memories fade. Surveillance footage gets erased. Physical conditions change.
Speaking with a personal injury attorney early can help preserve evidence and identify the deadlines that apply to the specific case.
Bicycle vs. Pedestrian Accidents Are Personal Injury Cases
Being hit by a cyclist should not be dismissed simply because there was no automobile involved.
A pedestrian can suffer serious and sometimes permanent injuries when struck by a bicycle or electric bicycle.
Determining liability may require examining where the accident occurred, the cyclist's speed, the pedestrian's actions, local bicycle regulations, right-of-way rules, surveillance footage, witness statements, insurance coverage, and whether additional parties may share responsibility.
At Arshakyan Law Firm, we represent injured individuals throughout California and investigate personal injury claims to determine what happened, who may be responsible, and what compensation may be available.
If you or someone you love was hit by a cyclist, bicycle, or e-bike and suffered injuries, contact Arshakyan Law Firm to discuss your legal options.
This article is provided for general informational purposes and does not constitute legal advice. Every accident is different, and the outcome of a claim depends on its specific facts and applicable law.