Protecting Pedestrians, Cyclists, and Scooter Riders
People who walk, bike, or ride motorized scooters share the road with vehicles that weigh thousands of pounds. When a driver fails to pay attention or ignores the rules of the road, the results for a pedestrian or cyclist can be catastrophic. At Young Law Group, we represent people across California who have been struck and injured while walking, cycling, or riding, and we fight to hold negligent drivers accountable. We understand the unique legal and physical challenges these cases present, and we bring compassion and determination to every claim.
Unlike occupants of a car, a pedestrian or cyclist has almost no protection in a collision. There is no steel frame, no airbag, and no seatbelt to absorb the force of impact. As a result, even a crash at relatively low speed can cause severe, life-changing injuries. California has worked to improve safety for vulnerable road users, but crashes remain far too common, particularly in busy urban areas and at intersections.
Common Causes of Pedestrian and Bicycle Accidents
Drivers owe a duty of care to everyone on the road, including those outside of a vehicle. Many pedestrian and bicycle accidents happen because a driver breaches that duty. Frequent causes include:
- Failure to yield at crosswalks. Drivers are required to yield to pedestrians in marked and many unmarked crosswalks, yet failing to do so is a leading cause of pedestrian injuries.
- Distracted driving. A driver looking at a phone may never see a person crossing the street or a cyclist in the bike lane.
- Failure to check blind spots. Turning drivers frequently strike cyclists and pedestrians they did not see.
- Dooring. When a driver or passenger opens a car door into the path of a cyclist, the rider can be thrown from the bike into traffic.
- Speeding and reckless driving. Higher speeds leave less time to stop and increase the severity of injuries.
- Impaired driving. Alcohol and drugs impair a driver's ability to notice and react to people outside the vehicle.
- Poor lighting and visibility. Many collisions occur at dawn, dusk, or night when drivers claim they could not see the person they hit.
The Rise of E-Scooters and Motorized Vehicles
Shared electric scooters and other motorized personal vehicles have transformed how people move through California cities. While convenient, these devices have introduced new legal complexities. Riders can be injured by careless drivers, by defective equipment, or by hazardous road conditions. Questions of liability may involve the driver who caused the crash, the company that operates the scooter fleet, or a public entity responsible for a dangerous roadway. Our team stays current on the evolving rules surrounding these devices and helps riders understand their rights after a crash.
Serious Injuries Suffered by Vulnerable Road Users
Because pedestrians and cyclists absorb the full force of a collision, their injuries are often severe. Common injuries include:
- Traumatic brain injuries, which can occur even when a helmet is worn and may have lasting effects on cognition and personality.
- Spinal cord injuries that can result in paralysis.
- Fractures and broken bones, frequently to the legs, arms, hips, and pelvis.
- Road rash and deep lacerations that can cause infection and permanent scarring.
- Internal organ damage requiring emergency surgery.
- Emotional trauma, including anxiety about returning to the activities the person once enjoyed.
The road to recovery from these injuries can be long and expensive, involving surgery, rehabilitation, and sometimes lifelong care. A well-prepared claim accounts not only for current costs but also for the future needs the injury creates.
Establishing Liability
In many pedestrian and bicycle cases, the driver bears responsibility for failing to exercise reasonable care. However, drivers and insurers often try to blame the injured person, claiming they crossed against a signal or rode unpredictably. California's pure comparative negligence rule allows an injured person to recover even if they were partly at fault, with the recovery reduced by their share of responsibility. Careful investigation, including witness statements, traffic camera footage, and reconstruction, can rebut unfair attempts to shift blame. In some cases, a government entity may share responsibility if a poorly designed intersection, missing crosswalk, or malfunctioning signal contributed to the crash.
Compensation Available After a Crash
An injured pedestrian or cyclist may be entitled to recover a range of damages, including:
- Past and future medical expenses.
- Lost income and reduced earning capacity.
- Costs of rehabilitation and assistive devices.
- Pain, suffering, and emotional distress.
- Loss of enjoyment of life.
- Property damage, such as a destroyed bicycle.
The value of a claim depends on the severity of the injuries and the specific circumstances. Prior results do not guarantee a similar outcome.
Important Legal Deadlines
In California, an injured pedestrian or cyclist generally has two years from the date of the collision to file a personal injury lawsuit. When a public entity may be responsible, a formal claim usually must be submitted within six months. Because evidence such as surveillance footage can be lost quickly, it is wise to consult an attorney as soon as possible after a crash.
Steps To Take After Being Struck
- Call 911 and request medical assistance.
- Accept medical evaluation at the scene and follow up promptly, even if you feel able to walk away.
- Take photos of the location, the vehicle, and your injuries if you are able.
- Collect the driver's information and the names of any witnesses.
- Do not admit fault or downplay your injuries at the scene.
- Contact an attorney before speaking with the driver's insurance company.
How Young Law Group Advocates for You
We know that a serious pedestrian or bicycle injury affects far more than your body. It affects your livelihood, your independence, and your peace of mind. Our firm investigates every angle of your case, works with medical and reconstruction experts, and pursues every source of compensation available. We negotiate assertively with insurers and are ready to try your case in court if that is what it takes to secure a fair result. You pay no attorney fees unless we recover for you.
Situations We Frequently Handle
Collisions involving people on foot or on two wheels arise in a variety of settings, and each presents its own challenges. Our firm handles cases involving:
- Crosswalk collisions, where a driver fails to yield to a pedestrian who has the right of way.
- Intersection and turning accidents, in which a turning driver strikes a cyclist or pedestrian they did not see.
- Bike lane collisions, including drivers who drift into or cross bike lanes.
- Dooring incidents, when a vehicle occupant opens a door into a cyclist's path.
- Parking lot accidents, where drivers backing out or moving through lots strike pedestrians.
- Nighttime and low-visibility collisions, in which drivers claim they could not see the person they hit.
- E-scooter and motorized device crashes, which can involve drivers, device operators, or hazardous road conditions.
In each of these situations, we investigate the specific circumstances to establish the driver's responsibility and pursue full compensation for the injured person.
How Insurers Approach Pedestrian and Bicycle Claims
Insurance companies know that pedestrians and cyclists often suffer severe injuries, and they also know that these cases can turn on questions of who had the right of way. As a result, insurers frequently try to shift blame onto the injured person, suggesting that a pedestrian stepped out unexpectedly or that a cyclist was not following the rules of the road. They may downplay the seriousness of injuries or push for a quick settlement before the full extent of the harm is understood. An adjuster's friendly tone should not be mistaken for an interest in your well-being; their objective is to limit the company's payout.
Because so much can ride on the specific facts of how a collision occurred, it is important not to give a recorded statement or accept a settlement before those facts are established. Having an attorney handle communications with the insurer helps ensure that the account of what happened is accurate and complete, and that you are not pressured into resolving your claim prematurely.
Building a Strong Case After a Collision
Evidence is often the difference between a disputed claim and a strong one. Because drivers sometimes claim they never saw the person they hit, independent evidence can be decisive. We work to obtain the police report, photographs of the scene and the point of impact, traffic and surveillance camera footage, and statements from witnesses who saw what happened. We gather your medical records to document the connection between the crash and your injuries, and when appropriate we consult with reconstruction professionals who can demonstrate the driver's speed, position, and opportunity to avoid the collision.
We also document how the injuries have affected your life, from the medical treatment and rehabilitation to the activities you can no longer enjoy and the work you have missed. This complete picture helps establish the full value of the claim and counters efforts to minimize what you have endured.
The Lasting Effects on Vulnerable Road Users
Because they have so little protection, pedestrians and cyclists often suffer injuries that change their lives. A traumatic brain injury can affect memory, concentration, and mood long after the visible wounds have healed. Spinal injuries can limit mobility permanently, and severe fractures can require multiple surgeries and extended rehabilitation. Beyond the physical toll, many people experience lasting anxiety about returning to the activities they once loved. These effects carry significant costs, both financial and personal, and a well-prepared claim accounts for the care and support a person may need well into the future. Our firm is committed to pursuing a recovery that reflects the full and lasting impact of the collision.
Frequently Asked Questions
The driver says I was jaywalking. Can I still recover?
Possibly. California's comparative negligence rule allows recovery even when the injured person shares some fault. The driver still has a duty to avoid hitting people in the road, and we can investigate what actually happened.
What if the driver fled the scene?
Hit-and-run cases are challenging but not hopeless. You may have coverage through your own auto policy, and law enforcement and investigators can sometimes identify the driver.
Do I have a claim if I was riding a rented e-scooter?
You may. Liability can rest with a negligent driver, the scooter operator, or a party responsible for a hazardous road, depending on the facts.
How soon should I contact a lawyer?
As soon as you are able. Early involvement helps preserve evidence and protects your rights under California's filing deadlines.
Was I required to wear a helmet, and does it affect my claim?
Helmet rules vary by age and circumstance. Not wearing a helmet does not automatically bar a claim, though it may become part of the discussion about damages in some cases. The driver still had a duty to avoid hitting you, and we can address these arguments directly.
The driver's insurance company already called me. Should I talk to them?
It is best to speak with an attorney before giving any statement to the driver's insurer. Adjusters may use your words to reduce your claim, and you are generally not required to provide a recorded statement to the other party's insurance company.
I was hit while crossing outside a crosswalk. Do I have a case?
Possibly. Even when a pedestrian crosses outside a crosswalk, drivers still owe a duty of care, and California's comparative negligence rule allows recovery even when the injured person shares some responsibility.
What if my child was injured while walking or biking?
Claims involving injured children are taken very seriously and may involve special considerations, including different timelines. We handle these cases with particular care and can explain how the process works for a minor.
If you or someone you love has been hurt while walking, cycling, or riding, contact Young Law Group today for a free consultation.
