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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 video 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 10, 2024

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 (including ebike riders) 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.


Bike crashes are on the rise. Pedestrian fatalities have been going up for almost a decade. 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 who 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 experts are needed? Desirable?
  • What affirmative defenses do defendants often raise in these cases--and how can personal injury attorneys defeat them?


Thomas, Charlie
Charlie M. Thomas

Huber Thomas

Mr. Thomas concentrates his legal practice on advocating for those who have sustained personal injuries during bicycle...  |  Read More

Weiss, Brian
Brian Weiss

Weiss Law

Mr. Weiss is licensed to practice law in Georgia and Colorado. He has worked for insurance companies and their...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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