Motorcyclist, Pedestrian – Which One Takes the Hit or Do Both?

When pedestrians are hit by motorcycles, usually the person on foot is badly hurt; however, in some rare crashes, both the person walking across the street AND the motorbike driver can be fatally injured

There are many reports about motorcyclists killing pedestrians during accidents, but how many accidents have killed both the pedestrian and motorcyclist? Probably few to none, because the odds of this happening are extremely small.

A tragic motorcycle accident in which the motorcyclist and pedestrian both died was reported in this weekend’s Post .  The motorcyclist and pedestrian have not been identified, but police believe the pedestrian to be a homeless person. The law enforcement officers also believe the pedestrian did not cross in the crosswalk before he was hit. Could this have been prevented if he crossed in the crosswalk? The evidence is unclear, but if the pedestrian was out of the crosswalk, he would technically be breaking the law. Therefore, it would be easy to blame the pedestrian.

But what if the motorcyclist was speeding? In that case, the blame would be on the biker as well, and both parties would have a difficult time succeeding in a civil case for their damages. Motorists, even on motorbikes, have certain rights and responsibilities.  Likewise, pedestrians must obey the law, and take their lives in their own hands if they disregard the safety of a nearby crosswalk or enter the travel lanes into the path of an oncoming car, truck or motorcycle. If you or someone you know or care for has been injured as the result of a car, truck, bicycle or motorcycle crash and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.