We’ve all seen bicyclists who pedal very fast, ignore stop signs, and other hazardous activities like that.
But just like any other vehicle, bike riders are required to follow the rules of the road – basically, the same rules that the drivers are supposed to follow. If they are negligent when using the road and they cause injury, then they are liable.
As for insurance, if a bicyclist hits a pedestrian and causes the accident, it may fall under the bicyclist’s homeowner’s policy or the injury victim’s uninsured motorist coverage, at least in California. Most uninsured motorists policies tend to deal with the use of a motor vehicle. It is dependent on the wording of the actual insurance policy so it is important to have an experienced lawyer take a look at what the coverage is under the particular circumstances of the injury victim.
In the same way, if you are riding your bicycle and you get hit by another car, and if the driver of the car doesn’t have insurance, your claim probably falls under the uninsured motorist provision of your own automobile policy. Again, you should show your policy to an experienced personal injury lawyer as soon as possible to determine what your options are.
If you’re a pedestrian and you’re hit by an uninsured motorist, you can file under your uninsured motorist claim policy because that’s resulting from the uninsured use of an automobile – it doesn’t have to be your vehicle.
It is less clear when you have a bicyclist hit a pedestrian so please talk to a lawyer if this is your situation.