Accidents sometimes occur because of strange events such as mechanical failures. For example, a person could lose a tire from a bicycle and accidentally hit a pedestrian. The pedestrian could fall and then suffer from injuries such as a broken leg, broken finger, dislocated shoulder and the like. Such an injury may cause the pedestrian to miss time from work. The accident may cause thee pedestrian’s medical bills to skyrocket, as well. Because the accident is not the pedestrian’s fault, that person may seek monetary compensation for it. He or she may file a personal injury suit, but determining the responsible party may be difficult.

Who Is Responsible in a Pedestrian Accident?

Generally, pedestrians have the right of way in any situation. In other words, persons who are driving vehicles or riding on a motorcycle must yield to pedestrians during specified times. Persons on bicycles would need to yield to pedestrians, as well. If a person on bicycle runs into a pedestrian because he or she is not paying attention to the surroundings, then the bicycling person is guilty of neglect. The courts can establish a clear-cut case of neglect on the part of the bicycle rider. However, if the bicycler has a mechanical failure, then the fault of the accident may lie elsewhere.

Mechanical Failures

A tire usually comes off a bike when the bike is unstable. The instability could be due to a manufacturer defect. In such a case, the courts may find the bicycle manufacturer guilty of the pedestrian’s accident rather than the person who was riding the bike. The bike rider would need to inform the injured person’s attorney about the mechanical failure, and then the attorney would need to change the direction of his or her accusations. The accused party may have to perform additional work to prove his or her innocence.

Hiring an Attorney

Either an injured person or a partly responsible person can hire a personal injury attorney to side with him or her. Berkshire Ginsberg, LLC. is a reputable personal injury firm that can help an injured party to obtain the compensatory wages that he or she deserves. Interested persons can contact the firm to schedule an initial consultation. The initial consultation will seek to explain to each person his or her rights as an injured party. The number to call for assistance is 503-233-6507.