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Bicycle and Pedestrian Accidents Involving Motor Vehicles: Navigating Unique Legal Challenges

Assessing Claims and Coverage, Managing Complex Evidentiary Issues, Overcoming Affirmative Defenses, Negotiating With Insurers

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, July 6, 2016

Recorded event now available

or call 1-800-926-7926

This CLE course will examine the unique legal and practical challenges personal injury counsel face when representing bicyclists and pedestrians injured in accidents involving motor vehicles. The panel will discuss effective strategies for identifying all potential claims and sources of recovery, confronting evidentiary issues such as preserving traditional and social media evidence and using experts, overcoming affirmative defenses such as contributory negligence or safety law violations, and negotiating with insurance companies.


According to the National Highway Traffic Safety Administration, tens of thousands of pedestrians and bicyclists are injured or killed annually in crashes involving motor vehicles. Personal injury attorneys representing victims in these cases face an uphill battle in obtaining recovery for their clients due to the perception held by many, including insurance companies, that bicyclists and pedestrians often ignore safety laws, such as failing to use turn signals or entering intersections before the traffic light turns green.

Personal injury counsel must identify all potential claims and sources of recovery, from the automobile driver that crashed into the bicyclist or pedestrian to the governmental entity responsible for maintaining traffic signals or painting street lines. Counsel in bike crash cases must also become familiar with the dynamics of bicycling, including what is reasonable with regard to speed and hazard perception.

Other unique challenges counsel face include collecting and preserving evidence, including social media evidence, using experts and overcoming affirmative defenses. Further, because children are frequently victims of bicycle accidents, counsel must ensure the proper ethical treatment of young clients. Practitioners must also understand effective approaches to negotiating with insurance companies in these cases.

Listen as our panel of experienced personal injury attorneys examines the special legal and practical challenges involved with representing bicyclists and pedestrians who suffered injury in an accident involving motor vehicles. While state laws can vary, the panel will identify common strategies for effectively assessing cases, identifying sources of recovery, working with young clients, navigating evidentiary challenges, negotiating with insurance companies, and evaluating settlement offers.



  1. Assessing cases
    1. Interviewing clients
    2. Identifying potential defendants
    3. Reviewing insurance coverage
  2. Proving liability
    1. Theories of liability
    2. Establishing causation
    3. Working with experts
    4. Evidentiary challenges
    5. Overcoming affirmative defenses
  3. Negotiating with insurance companies


The panel will review these and other key issues:

  • What factors should personal injury attorneys consider when assessing a claim involving injuries to a pedestrian or bicyclist and potential sources of recovery?
  • What evidentiary challenges do attorneys face in proving their case—and how can they best overcome them?
  • What affirmative defenses do defendants often raise in these cases—and how can personal injury attorneys defeat them?


Robert N. Katz
Robert N. Katz

Katz Personal Injury Lawyers

Mr. Katz devotes his practice to the representation of individuals in a wide array of personal injury matters. His...  |  Read More

Lyn B. Dodson
Lyn B. Dodson

Katz Wright Fleming Dodson & Mildenhall

Ms. Dodson is an experienced litigator in the areas of personal injury, medical malpractice, premises liability,...  |  Read More

Briant G. Mildenhall
Briant G. Mildenhall

Katz Wright Fleming Dodson & Mildenhall

Mr. Mildenhall focuses his practice on personal injury civil litigation involving trucking, automobile, aviation,...  |  Read More

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