Motorcycle Accidents Involving Pedestrians
Court decisions have typically determined that a pedestrian struck while crossing other than in a crosswalk may be barred from recovery by their own negligence if they fail to keep a lookout and yield the right-of-way to vehicular traffic.
Alternatively, in one court case, an automobile driver struck and killed a pedestrian who helped a friend push his disabled motorcycle along the right-paved edge of the highway. The defendant, in that case, who struck the pedestrian, was briefly blinded by oncoming headlights.
The pedestrian wore ''off -white"" trousers" and a bright orange jacket. In that case, the court determined whether or not the vehicle failed to exercise due care are questions for the jury.
In another case, the court affirmed a jury verdict in favor of the motorcyclist who had accidentally struck a pedestrian on the side of the road. In dark clothes at night, the pedestrian and a companion were struck from behind while walking in the street beside parked cars. The pedestrian heard the motorcycle but made no effort to get out of the way, believing he would be seen. The collision caused significant injuries to both the pedestrian and the motorcyclist.
If injured in a motorcycle collision, it is essential to be counseled by an experienced and knowledgeable motorcycle accident attorney because using specific facts can make or break a case.
Editor’s Note: This page has been updated for accuracy and relevancy [cha 1.17.23]