What If a Pedestrian Causes a Bike Accident in Boston?

Boston is an excellent city for biking. With more and more bike lanes popping up and people using bikes to get around, it’s become a bit easier and safer for cyclists to share the road with motorists. But what happens when a bicycle accident isn’t caused by a car, but a pedestrian? It might sound odd, but it happens more than you’d think. At Breakstone, White & Gluck, we’ve helped many cyclists just like you deal with unexpected accidents, including those caused by careless pedestrians. Our accident lawyers can help.

Most of us think of pedestrians as the most vulnerable road users. However, sometimes they can cause harm to others, especially bicyclists. Here are a few examples:

• A pedestrian suddenly crosses the street where they shouldn’t (also called jaywalking), forcing a cyclist to swerve and crash.
• Some people ignore signs and walk right into a bike lane, getting in the way of cyclists.
• Looking at a phone, wearing headphones, or talking on a call can all keep someone from seeing a bike coming.
• Dog walkers and long leashes stretched across a bike path are serious dangers for bicyclists.
• Standing in the bike lane while waiting for a rideshare or chatting with someone can cause a cyclist to crash while attempting to avoid them.

These situations can all be frustrating, and dangerous, for cyclists. But can you really hold a pedestrian responsible for causing a crash?

What does the law say?

Massachusetts follows a doctrine called comparative negligence. What this means is that more than one person can be responsible for an accident. If a pedestrian acts carelessly or recklessly and causes a crash, they could be held partly or fully responsible.

To prove the pedestrian was at fault, our accident lawyers show:

• The pedestrian owed the bicyclists a duty of care, meaning that they had a duty to be careful and follow the rules.
• The pedestrian breached that duty by not acting safely; for example, by jaywalking or walking into a bike lane.
• Their actions directly led to your crash. This is called “causation.”
• Finally, you suffered damages from the crash.

If all of these are true, the pedestrian could be held legally responsible for the accident.

How does comparative fault work in Massachusetts?

Let’s look at an example. A pedestrian steps into a bike lane while texting, and you hit them. However, you were also riding at night without a light. In this scenario, you might share some of the blame.

Massachusetts law states that you can still get money for your injuries if you’re not more than 50% at fault for the accident. The amount you would receive will be reduced by your share of the blame. So, if your total damages were $10,000, but you were found to be 30% at fault, you’d still receive $7,000. If you were more than 50% at fault, though, you wouldn’t get anything. This is why it’s such a good idea to have an experienced bicycle accident lawyer on your side. We can help prove the pedestrian was mostly responsible.

How do you prove a pedestrian was responsible for my bicycle accident?

In any accident case, evidence is key to proving fault. The more you have, the stronger your case. If a pedestrian caused your bike crash, here’s what our accident lawyers will look for:

• Witness statements, as other people who saw the crash can help explain what happened.
• Security cameras on buildings or traffic cameras might have caught the accident. We will secure the footage.
• Photos and video of the scene, damage, and your injuries all help tell the story.
• If officers responded to the crash, their police report can support your version of events.
• Medical records, which show how badly you were hurt and connect those injuries to the accident.

Collecting these types of evidence as soon as possible can make a big difference in your case.

Can a pedestrian really be held responsible for my bicycle accident?

Yes, but it’s not always easy. Here are some common challenges:

• People often feel sympathy for pedestrians, which could make a jury hesitant to blame them.
• Pedestrians don’t carry insurance like vehicle drivers do. If they’re found to be at fault, getting paid can be more difficult unless they have significant personal assets.
• If a pedestrian leaves the scene and you aren’t able to get their information, it can be hard to file a claim. Cameras and witnesses can help track them down.

Even with these roadblocks, a skilled accident lawyer can still build a strong case on your behalf.

Why should I talk to a Boston bicycle accident lawyer?

If you’ve suffered injury in a bicycle accident caused by a Boston pedestrian, it’s a smart idea to talk to a personal injury lawyer, especially one who knows the area and local laws. Here’s how our accident lawyers can help:

• Determine who was really at fault
• Gather evidence, like camera footage and witness statements
• Deal with the insurance companies, if necessary
• Handle all the paperwork and legal deadlines
• Fight for the most compensation possible to cover your injuries and losses

At Breakstone, White & Gluck, our team has decades of experience helping injured cyclists in Boston. We understand the legal system and how to make it work for you.

What is my Boston bicycle accident worth?

If the pedestrian is found at fault for your accident, you may be able to secure financial compensation for your:

• Medical bills, including ER visits, surgeries, rehab, and follow-up care
• Lost wages, if you missed work because of your injuries
• Pain and suffering, for your physical pain, emotional distress, and any long-term effects of the accident
• Property damage, which includes fixing or replacing your bike and gear
• Other expenses, including transportation, home help, or anything else related to your injury

Every case is different, and the exact amount of compensation will depend on the seriousness of your injuries and how the accident happened.

Tips for preventing bike accidents with pedestrians

Obviously, it’s always better to avoid an accident in the first place. Both cyclists and pedestrians can help keep each other safe. Pedestrians should always cross at crosswalks and obey signals, stay alert, and avoid stepping into bike lanes. Cyclists should use lights and reflectors, follow traffic laws and signs, and be cautious in crowded areas with a lot of foot traffic.

Getting hit or injured in a bike accident can be frightening, and it can turn your life upside down. When a pedestrian causes the crash, it can be even more confusing. But you don’t have to figure it out alone. The law in Massachusetts gives you a way to seek compensation, even if the person who caused your accident wasn’t in a car. With the right legal help, you can protect your rights and focus on healing from your injuries. At Breakstone, White & Gluck, our Boston accident lawyers are here to help cyclists who’ve been hurt because of someone else’s carelessness. We’re prepared to listen to your story, explain your legal options, and work hard to get you the compensation you deserve. Call us or use our contact form to schedule a free, no-obligation consultation today.