Cars, Trucks, Motorcycles, Bicycles, and Pedestrians—How Their Accidents Differ

Although cars and trucks are the biggest users of road networks, they aren't the only ones out there. Pedestrians, motorcycles, bicycles, and sometimes other vehicles all use the roads too. And accidents can happen to or among any of them.

How do accidents involving different types of vehicles and users vary? When might they be more or less complicated? And how does that affect your ability to either get compensation for injuries or avoid financial liability? Here's what every road user needs to know. 

1. Differences in Injury

Perhaps most importantly, accidents involving pedestrians, bicyclists, and motorcyclists can result in worse injuries than those involving two traditional vehicles. Pedestrians and cyclists have little or no protection from the impact of an accident, whereas vehicles have a great many safety features to help minimize injury and death. 

For this reason, those who have less protection from serious harm need to ensure that they seek out proper medical care no matter how minor they may think the accident was. Drivers and vehicle passengers should also recognize that their own levels of injury don't determine how hurt a pedestrian, motorcyclist, or bicyclist might be. 

2. Differences in Damage

Road accidents between two somewhat similar vehicles—like two cars—can result in similar amounts of damage to both vehicles. However, a pedestrian or bicyclist is unlikely to create much damage to a car, truck, or motorcycle. This can mean wildly uneven results, with a car or truck escaping with little damage while the other party's bicycle or motorcycle is totally lost. 

3. Differences in Liability

Who is at fault for the accident? This is a source of contention in many accident cases, as each driver or insurer may try to shift blame—and financial responsibility—to the other driver. And it can be legitimately hard to truly know or to prove who caused an accident.

However, this can be much easier for accidents involving any vehicle and a bicycle or a pedestrian. If the bicyclist was in the bicycle lane or the pedestrian on the sidewalk, it's clear if the car or truck was out of their own lane. If a pedestrian was hit in a crosswalk, the vehicle driver is often considered clearly at fault. 

However, Florida follows the legal concept of contributory negligence, including toward pedestrians and others. If the pedestrian is shown to bear any fault—perhaps by jaywalking—their ability to get damages from a driver is reduced. If the accident involved pedestrians or bicyclists, any negligence of their own safety on their part can minimize financial liability. 

4. Differences in Duty of Care

Everyone using the road has a duty of care. This is the reasonable responsibility to take precautions to avoid harm to themselves or others. Vehicle drivers and motorcyclists have a high duty of care toward bicyclists and pedestrians owing to the fact that the driver is operating a large piece of equipment that can do serious harm. This duty of care is the basis for negligence claims and personal injury cases. 

However, pedestrians and bicyclists also have a duty of care—to themselves. They are expected to act reasonably to avoid injury to themselves. A bicycle fulfills this duty by riding in the appropriate bicycle lane, for instance, while a pedestrian exercises it by waiting for a crossing signal at a crosswalk. Serious failure to fulfill this duty of care can make these persons somewhat or largely liable for their own accident. 

5. Differences in Coverage

Insurance is a key factor to get coverage for needed medical care and repairs to vehicles after an accident. It also protects the person at fault from serious financial harm. While some drivers are uninsured, the majority of motor vehicle accidents are covered by at least some insurance. 

However, a pedestrian or bicycle accident may have less or no insurance coverage involved. There may be no backup coverage if the driver of a vehicle is uninsured or underinsured. Insurance carriers may have no recourse to be reimbursed for expenses, and a difference in injuries could exceed insurance coverage limits. 

Because a pedestrian or cyclist can suffer more harm during an accident and insurance may be less available, you must do all you can to access any and all sources of insurance coverage. This can include other involved vehicles, registered owners of borrowed cars, parents of minor drivers, and even liability insurance carried by the property or road on which the accident occurred. 

Whether you are the driver, pedestrian, motorcycle rider, or bicyclist, quality legal representation is key after a road accident. Jeeves Law Group, P.A is ready to help. We assist all kinds of road users with their personal injury needs. We can help you understand the unique aspects of your case as well as learn what to expect in a personal injury claim or suit. Call today to get a free evaluation.