When a cyclist hits a pedestrian, who is legally at fault? Can you claim compensation if you are injured in this type of accident?

In 2024, bike commuting in NSW experienced a record 28% growth. With such a significant increase in cycling activity, there is an increased risk of cyclist-pedestrian collisions that present complex legal challenges for insurance claims and the parties involved. Understanding your rights and responsibilities, whether as a cyclist or a pedestrian, will help you navigate an incident such as this and determine fault.

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What Does the Law Say?

Duty of Care for Cyclists and Pedestrians

Both cyclists and pedestrians owe a duty of care to other road and pathway users – a fundamental principle established in common law negligence and reinforced by the Civil Liability Act 2002

However, when it comes to an individual driving any type of vehicle, they are expected to exercise a greater level of care. This includes cyclists who have a heightened duty of care as they have the capacity to cause more significant harm, similar to the responsibility motor vehicle drivers hold towards more vulnerable road users. 

Accordingly, cyclists – whether riding in a bike lane or on a shared path – must exercise reasonable care to avoid foreseeable risks of harm to pedestrians. At the same time, pedestrians must also take reasonable precautions for their safety.

Relevant Traffic Laws in NSW

The legal definition of a bicycle, according to the Road Rules 2014 Dictionary, “means a vehicle with two or more wheels that is built to be propelled by human power through a belt, chain or gears (whether or not it has an auxiliary motor)”.

Cycling in NSW is governed by the Road Rules 2014, which include rules regarding traffic signs, stop signs, traffic lights, and more. These rules also stipulate specific regulations for “riders”, such as cyclists. 

For example, under Rule 250, cyclists must keep to the left of any shared path and give way to pedestrians. Another example is speed limits: speed limits for cyclists are context-dependent, with local councils having the authority to set specific limits in shared zones or cycle lanes. 

To use another example, at pedestrian crossings, cyclists must dismount according to Rule 248, and failure to do so may constitute negligence if an incident occurs and results in bodily harm.

Shared path incidents require careful analysis of both parties’ behaviour, while doorway collisions often involve questions of visibility and reasonable precautions. For example, cyclist-pedestrian collisions on shared paths can be contentious as cyclists over 12 years old are generally prohibited from riding on footpaths unless accompanying a child under 12.

If an incident occurs, the relevant traffic laws pertaining to riders and pedestrians will be considered to determine if there is a fault and how the involved parties can proceed with any potential legal action.

Are Cyclists Required to Have Insurance?

Cyclists are not required to have third-party insurance in NSW, but it is highly recommended that cyclists obtain specific bicycle insurance that includes third-party coverage. For pedestrians, claims may be made against the cyclist’s insurance if available or directly against the cyclist personally if they do not have coverage with an insurance company.

Determining Fault in Cyclist-Pedestrian Collisions

When assessing fault, there are multiple factors to consider, including:

  • negligent or speeding cyclists
  • presence and proper use of designated cycling infrastructure
  • pedestrian behaviour that may have contributed, i.e. sudden movements or inattention due to mobile phone us
  • environmental factors like lighting, weather, and path conditions
  • warning signals or signage

These and other unique factors can be considered to determine fault in a cyclist-pedestrian accident.

Compensation Claims

Immediate Actions After an Incident

Following a collision, all parties should:

  • Stop and ensure everyone’s safety.
  • Exchange contact and insurance information, including names, addresses, and phone numbers.
  • Seek medical attention even for minor injuries, as some conditions may manifest later.
  • Document the incident location, time, and conditions. If possible, measure and photograph skid marks or other physical evidence.
  • Report the incident to relevant insurance providers within the required timeframes.

Evidence & Important Documentation

Documenting the incident is extremely important to the claims process, as proper documentation is crucial for establishing fault and securing compensation.

Police reports should be filed for serious incidents, particularly those resulting in injury or significant property damage. While NSW Police may not attend minor collisions, online reporting is available through the Police Assistance Line.

Photographs should be used to document the scene, injuries, property damage, and relevant signage or road markings. Other evidence could include witness statements, which should be collected immediately along with contact details, or CCTV footage from nearby businesses or council cameras if it’s possible to access them.

Types of Damages

Compensation may be available for various damages, including medical expenses, lost wages and loss of earning capacity, and non-economic losses such as pain and suffering. Long-term care needs to be taken into consideration and must be medically justified and quantified. An individual may potentially add property damage to a claim for items such as phones, clothing, or accessories can be included.

Claims Process

If you believe you can make a personal injury claim for compensation, starting the claims process as soon as possible is recommended. Depending on the circumstances of the accident, where it occurred, the extent of injuries, and the level of insurance involved will determine if and how you can claim compensation – which may include different timeframes for submitting your claim.

Anyone thinking of beginning a claims process should seek legal advice as soon as possible before submitting a claim. An experienced legal expert can help determine if you’re eligible for compensation and the best means of pursuing your case and walk you through the process for seeking compensation.