Pedestrian & Bicycle Accident Lawyer

When a vehicle hits a person on foot or on a bike, the injuries are rarely minor.

Pedestrians and bicyclists have almost no protection in a collision with a car or truck. There is no steel cage, no airbag, no seatbelt — just the human body against thousands of pounds of metal. The result is that even a low-speed impact can cause devastating, life-changing injuries, and a higher-speed one is too often fatal. Silver Key Law represents people who were struck while walking or riding, and the families of those who were killed, and we hold careless drivers accountable for the harm they cause.

These cases also carry a unique challenge: drivers and their insurers frequently try to shift the blame onto the very person they hit. We anticipate that tactic and build the case to defeat it. You pay no fee unless we win.

Drivers cause most pedestrian and bicycle collisions

Despite the common assumption that the person on foot or on a bike must have done something wrong, the great majority of these collisions are caused by driver negligence:

• Failure to yield the right of way in crosswalks and at intersections.
• Distracted driving — a driver looking at a phone instead of the road never sees the person in front of them.
• Failure to look when turning, backing out of parking spaces, or pulling out of driveways.
• Speeding, which both increases the chance of a collision and dramatically increases the severity of injuries.
• Running red lights and stop signs.
• Impaired and drowsy driving.
• Failure to give bicyclists a safe passing distance on the road.

Overcoming the "blame the victim" defense

One of the most important things we do in these cases is push back on the insurance company's instinct to blame the pedestrian or cyclist — "they came out of nowhere," "they weren't in the crosswalk," "they weren't wearing reflective clothing." We counter those narratives with hard evidence: traffic and surveillance camera footage, witness statements, accident reconstruction, the physical evidence at the scene, and the driver's own phone records when distraction is suspected. Establishing what really happened is often the difference between a denied claim and a full recovery, which is why preserving that evidence quickly matters so much.

Injuries to pedestrians and cyclists

Without the protection of a vehicle, people who are struck often suffer the most severe injuries we handle:

• Traumatic brain injuries, even when a helmet was worn
• Spinal cord injuries and paralysis
• Broken bones and complex fractures
• Internal organ damage and bleeding
• Road rash, lacerations, and permanent scarring
• Amputations and crush injuries
• Facial and dental injuries
• Wrongful death

Because head injuries are so common in these collisions, anyone struck by a vehicle should be evaluated by a doctor right away, even if they feel okay — the symptoms of a brain injury are not always immediate.

Compensation for pedestrian and bicycle injuries

An injured pedestrian or cyclist may be entitled to recover for medical expenses (current and future), lost income and lost earning capacity, the cost of rehabilitation and assistive devices, property damage such as a destroyed bicycle, pain and suffering, disfigurement, and loss of enjoyment of life. Where the available driver's insurance is not enough to cover the harm, we also look at whether the injured person's own auto policy provides uninsured or underinsured motorist coverage — coverage that often applies even to a person who was on foot or on a bike when they were hit.

What to do if you or a loved one was struck

• Get emergency medical care and follow all treatment recommendations.
• Report the collision to the police so there is an official record.
• Get the driver's information and the names of any witnesses if you are able.
• Photograph the scene, your injuries, and any damage if you can, or ask someone to.
• Do not give a recorded statement to the driver's insurer before speaking with a lawyer.
• Call a lawyer as soon as possible so that camera footage and other evidence can be preserved before it is lost.

Frequently asked questions about pedestrian and bicycle claims