Pedestrian motorcycle accident: who is responsible and pays?
Content
. the number of road accidents involving pedestrians on motorcycles is increasingespecially in the city. They usually cause physical and property damage. In most cases, the rider is responsible. Circumstances can change from one accident to another, and it is possible that the cause of the accident is the behavior of a pedestrian, then he will be guilty and see that his responsibility is assigned.
So, in an accident with a pedestrian, several questions arise: who is to blame for the accident? Who should pay compensation to victims of road accidents, how to react? Whether you are a motorcycle rider or a pedestrian, it is important to know how to handle this unexpected situation. Responsibility, compensation, rights, everything you need to know about pedestrian motorcycle accident.
The most frequent accidents between a motorcycle and a pedestrian
Several cases are possible, but two situations are very common. Either the driver hit a person walking on the pedestrian crossing, or the pedestrian crossed the road without looking at the traffic and collided with a motorcycle.
The first case usually occurs when the motorcyclist drives at excessive speed, does not take into account information, uses alcohol or drugs... Thus, he was driving with a speeding ticket and failed, for example, with overtaking, directing him at a pedestrian.
Loss of control can also cause an accident. Indeed, when it rains, some sidewalks become slippery, which can lead to a fall when braking, and a car, for example, can hit a person on foot.
As for the second scenario, few accidents caused by pedestrians... However, it is possible. This is a case of a pedestrian under the influence of alcohol or other inappropriate behavior. The hardest part is to prove that the pedestrian was at fault in order to take responsibility. You can get more information on this at WEBcarnews.com, the car and motorcycle news specialist.
Pedestrian accident: who is to blame?
In these various scenarios, the person in charge could be a biker or a pedestrian. The law provides for specific rules for motorcycle accidents involving pedestrians., which has direct consequences for compensation for the damage suffered by the victims.
The pedestrian is more protected by the law
In France, pedestrians are considered vulnerable people and are more protected by law in the event of a disaster. According to the law, the pedestrian is automatically entitled to compensation... He enjoys special protection as a fragile public road user. In the event of an accident with a two-wheeled vehicle, the responsibility for the accident is considered by the driver.
As a result, his responsibility rarely arises. If a motorcyclist has violated traffic rules or a pedestrian is injured, he should expect to appear in court with a criminal penalty. The final word rests with the judge, who will influence the amount of compensation.
However, poor pedestrian behavior can lead to collisions with a two-wheeled vehicle. This is especially true when it seems that a pedestrian is crossing the road in an unmarked place, not paying attention to the vehicles on the road. V pedestrian liability accounts for 20% of accidents including car and pedestrian.
Liability in case of unforgivable misdemeanor of a pedestrian
In exceptional cases pedestrian liability can be retained in some very specific cases. These are unforgivable disadvantages of a pedestrian, such as :
- Drunk.
- Suicidal behavior.
- Intentional and desired threat.
Categories of pedestrians never to blame for an accident
Irresponsibility is the rule victims under 16 or over 70 or people with disabilities 80%... Considered vulnerable victims, they are automatically entitled to compensation, unless they voluntarily claim damages.
Pedestrian compensation: who pays?
In principle, the manager must pay. Thus, the police must apply to collect all the information necessary to pay compensation to the victim. In France, The law requires a motorcycle accident involving a pedestrian to be covered by motorcyclist insurance.... The latter must pay all costs associated with the accident, even if the rider is not responsible and compensates the victim.
The civil liability guarantee covers any physical and material damage caused to a third party. Thus, the insurance will cover the hospital costs in the event of an injury. However, liability insurance does not cover damage to the driver and your car. Thereby, compensation for repairing a motorcycle is possible only if you have a comprehensive insurance policy.
You will also need to calculate the amount of the deductible. Thus, two cases can arise:
The driver is responsible for the accident
Il receives a penalty of 25% of his insurance premium... In addition to the fine, he also has to pay a deductible, a large amount that will remain at his expense. In the event of hazardous behavior, the insurance may refuse to cover the costs of the accident.
In addition, in case of going to court, the judge may impose a fine.
The pedestrian is responsible
In this casecompensation for the guilty pedestrian will be limited to hospital costs... However, the law provides for a category of unforgivable pedestrian violations. If this is accepted, the pedestrian is not entitled to compensation. He will even have to cover all the costs associated with the accident.
It should only be emphasized that even in the case of an unforgivable mistake the pedestrian does not cover the costs of repairing the motorcycle.... Therefore, the driver of the car will need to contact their insurance company to find out possible remedies for compensation.
Thus, pedestrian protection has a certain limit. He doesn't have all the rights. The motorcyclist only needs to take the necessary steps in the event of an accident.
What to do in case of a pedestrian accident?
In the event of a pedestrian accident, the first step is to call the police or the gendarmerie. In fact, both the bicyclist and the pedestrian can be seriously injured. By contacting the police or gendarmerie, the emergency services will intervene quickly and it will be much easier for the motorcyclist to defend his position in the event of bad pedestrian behavior. Other it is also necessary to take action in the event of a collision of a motorcycle with a pedestrian.... To learn all about reactions, see our tips on how to react in a motorcycle accident.
Accident between motorcycle and pedestrian without injury: how to react?
Even if the pedestrian does not appear to be injured from the outside, police intervention is always necessary. They will compile a report to collect all information such as property damage, people involved, victims, perpetrators, etc. the police will also draw up a protocol indicating the circumstances of the incident..
They also compile a friendly report to simplify the compensation procedure. You must then send your report and report to your insurance company by certified mail within five days of the accident.
In addition, many road traffic victims do not immediately feel the injury. Therefore, after any accident, it is recommended to undergo a medical examination by a doctor.
Accident between motorcycle and injured pedestrian: how to react?
The procedure is the same in the event of an accident with the victim. We have to warn the police. However, as far as your insurance company returns, you need to avoid false returns while minimizing pedestrian injury. This action may lead to criminal liability.
For the victim, she must collect all contact details of the biker, especially the registration number of the vehicle and its insurance company, name and address. You should then notify your health insurance to inform them of the accident and possible medical consequences.
