Can Pedestrians and Cyclists File Injury Claims?
If you’ve been hit by a car while walking or biking, you’re likely dealing with physical pain, medical bills, and the stress of missing work or everyday activities. One of the first questions many people ask in this situation is: “Do I still have a personal injury case if I wasn’t driving?” The answer is yes. In California, pedestrians and cyclists have the right to file a claim if they’re injured due to someone else’s negligence—most commonly a driver who wasn’t paying attention, ran a red light, or failed to yield.
Here’s what you need to know.
You Have Legal Rights — Even Without a Car
Being outside of a car doesn’t take away your legal protections. In fact, California law requires drivers to exercise caution around pedestrians and cyclists.
If a driver fails to yield, drives distracted, speeds, or breaks a traffic law and causes an accident, they can be held liable—even if you were crossing the street or riding your bike.
You can typically file a personal injury claim against:
- The at-fault driver’s insurance
- A government entity (if poor road design or maintenance contributed to your injury)
- A business (if the driver was on the job at the time)
Common Causes of Pedestrian and Bicycle Accidents
Some of the most common causes include:
- Distracted driving (texting, eating, GPS use)
- Speeding through intersections
- Failing to yield at crosswalks
- Opening car doors into cyclists (“dooring”)
- Driving under the influence
- Running stop signs or red lights
If any of these contributed to your injury, you likely have grounds to file a claim.
What Damages Can You Recover?
If the driver was at fault, you may be able to recover compensation for:
- Medical bills (past and future)
- Lost wages and income
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Property damage (like a destroyed bicycle)
Even if you didn’t have insurance yourself, the driver’s insurance is typically responsible for covering your losses.
What If You Were Partially at Fault?
Let’s say you crossed outside of a crosswalk or weren’t wearing a helmet. Can you still file a claim?
In California, the answer is yes. The state uses comparative negligence, which means you can still recover damages even if you were partially at fault—your compensation is just reduced by your percentage of fault.
Example: If you were found 20% at fault and your total damages were $100,000, you’d still receive $80,000.
What to Do After the Accident
If you were hit while walking or biking:
- Call 911 and get medical attention immediately.
- Document everything — photos of the scene, driver info, witness names.
- Avoid speaking with insurance adjusters before consulting an attorney.
- Contact a personal injury lawyer to protect your rights and guide you through your claim.
Don’t Let Insurance Companies Undervalue Your Case
Pedestrian and cyclist injuries can be severe and life-changing. Unfortunately, insurance companies often try to shift blame or minimize your claim—especially if you weren’t in a vehicle.
That’s why it’s so important to have a legal team that understands how to fight for full compensation and stand up for your rights as a vulnerable road user.
Need legal help? In California, navigating legal challenges, whether they involve personal injury, workers’ compensation, criminal defense or civil litigation, can be overwhelming. Khoury Law Group is here to provide the critical legal support you need. As a leading advocate for individuals facing legal battles, our experienced attorneys understand the complexities of the legal system and are committed to fighting for your best interests. With personalized legal strategies and compassionate support, we are dedicated to achieving the justice and compensation you deserve.
CONTACT US FOR HELP. Call us at (888) 354-6879 or fill out the form on our Contact page.
