Riding a bicycle on the sidewalk can feel safer than sharing the road, but as a Raleigh, NC bicycle accident lawyer can share, when an accident occurs on a sidewalk, you may find the legal situation is more complicated than you expect. At Burton Law Firm, we frequently see cases where sidewalk cyclists suffer injuries and are unsure whether they have a claim, and against whom.
When Sidewalk Riding Becomes Risky
Many municipalities have rules that restrict or prohibit riding on sidewalks in certain areas. Even where sidewalk riding is allowed, the conditions (crowds, driveways, pedestrians) often make collisions more likely. Common sidewalk accident scenarios include:
- A vehicle backing out of a driveway collides with a cyclist
- A pedestrian stepping into a path and causing a crash
- Obstacles or debris on the sidewalk that force a cyclist into oncoming hazards
- Sudden driveway crossings or intersections where drivers don’t expect cyclists
Because sidewalks are primarily designed for foot traffic, the standard of care for drivers and property owners may differ from that on roads.
Liability Issues In Sidewalk Accidents
Here are several important points about liability in sidewalk bike crashes:
- Comparative Fault May Apply
North Carolina follows a “modified comparative negligence” rule. If you are found to be more than 50% at fault, you cannot recover damages. That means even if a driver or property owner caused your injury, your own behavior (speed, inattentiveness, riding against traffic) could reduce or eliminate your recovery. - Different Duty Of Care
Drivers backing out of driveways or crossing sidewalks owe a heightened duty of care to pedestrians and sidewalk users. If they fail to yield or check blind spots, that can be evidence of negligence. - Property Owner Liability
In some cases, the property owner or the municipality might be liable if they fail to maintain the sidewalk (e.g., leave it full of potholes, broken slabs, or overgrowth) and that defect contributes to the crash. - Rights Of Pedestrians vs. Cyclists
Because sidewalks are primarily for pedestrians, courts sometimes treat cyclists similarly to pedestrians in sidewalk cases. That means cyclists may have a burden to behave prudently and yield to foot traffic.
There are many common causes of bicycle accidents, and these are just a few. It is important to understand all of these factors when starting a claim.
What To Do After A Sidewalk Crash
If you’ve been hurt during a sidewalk cycling accident, here are steps to protect your rights:
- Seek medical attention immediately: Your health is the priority.
- Report the incident to the police if possible and request a copy of the report.
- Document the scene: take photos of the sidewalk, driveway, any debris, vehicles involved, and injuries.
- Identify witnesses and ask for contact information.
- Preserve evidence: your bicycle, helmet, clothing, etc.
- Avoid discussing fault or giving a recorded statement before talking to legal counsel.
Working With A Bike Accident Attorney
With sidewalk cases, the legal issues often hinge on subtle distinctions, how a court views the cyclist’s role, whether the defect was obvious, or who had the primary responsibility for yielding. That’s where an experienced injury lawyer makes a difference.
Jason M. Burton has been recognized as one of America’s Top 100 Personal Injury Attorneys, and he was also named a Top 10 Personal Injury Attorney Under 40 by the National Academy of Personal Injury Attorneys. These accolades reflect his dedication and success in navigating challenging injury cases.
Working with us, we will carefully analyze whose actions or inactions most contributed to your accident, and we will make sure your comparative fault is argued fairly. We will also explore possible liability of third parties (the municipality, property owners, etc.) when conditions or oversight played a role. Additionally, we know the ins and outs of bicycle accident cases, which is especially important when considering the type of compensation a client wants to receive.
Sidewalk cycling accidents present legal complexities that differ from crashes on the road, and if you’ve been injured, you deserve advocacy from someone familiar with those subtleties. At Burton Law Firm, we stand ready to review your situation, explain your rights, and pursue the compensation you deserve. If you or a loved one has been hurt in a cycling accident, reach out to us today to evaluate your case.