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

Description

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.