It is an unfortunate fact that pedestrians can follow all the rules and still end up getting injured in an accident caused by someone on the road. At the same time, motorcyclists don’t usually think about the possibility of being injured because of the actions of a pedestrian – but it is more common than you might think! 

When a motorcycle hits a pedestrian, who is at fault? And more importantly, how can you prove that the at-fault party is responsible for compensating the victim of the accident? 

Facts About Motorcycle/Pedestrian Accidents

Why is it so dangerous for a pedestrian to be struck by a motorcyclist, even though motorcycles are so much smaller than cars? And why are motorcyclists sometimes seriously injured or killed when they strike a pedestrian? 

Let’s take a look at some facts:

• Motorcycles usually weigh between 300 and 900 pounds, so the impact can still be significant 
• Though not all motorcycle drivers are dangerous, many love to ride at high speeds
• It may be easier for a pedestrian not to notice a motorcycle in a roadway than a car
• Motorcycles often have to react quickly to cars and trucks that don’t see them on the road; they may strike a pedestrian while trying to avoid being hit themselves

Tragically, these accidents can seriously injure or even kill both the driver and the pedestrian. 

Determining Fault When a Pedestrian is Hit by a Motorcycle  

It is essential to correctly assign fault after a motorcycle/pedestrian accident. For example, if you are a motorcyclist and someone jaywalks and you hit them, aren’t they at fault – even though people don’t usually think about pedestrians being responsible for accidents? 

Similarly, if you are a pedestrian and you were hit by a distracted motorcyclist, that would be the fault of the person on the bike, correct? 

Every situation is unique and should be analyzed individually. 

A pedestrian could be at fault if: 

• They stepped into traffic in front of a motorcycle
• They failed to follow safety signs such as painted crosswalks and street crossing signs
• They ignored the instructions of a traffic crossing guard, construction flagger, or another safety officer

In these cases, the pedestrian could be held accountable for the motorcyclist’s damages. 

A motorcyclist, on the other hand, may be at fault if they: 

• Were traveling at an excessive speed
• Ignored traffic laws or signage
• Ignored the instructions of a safety officer
• Were driving under the influence of alcohol or drugs
• Were distracted from the road

In situations like these, the motorcyclist should be held responsible for the injuries and suffering of the pedestrian (or pedestrians) in the accident.  

The Challenge of Determining Fault

To determine who was at fault, there usually needs to be a thorough accident investigation. 

This includes: 

• Gathering eyewitness testimonies
• Reviewing police reports of the accident
• Acquiring and reviewing visual evidence, including surveillance footage from the area or dashcam footage from other drivers
• Seeking professional opinions

A pedestrian accident lawyer can help to identify the responsible party and hold them accountable. If you were injured by a motorcyclist, it is important to seek legal advice as soon as possible. Unfortunately, insurance adjusters often get involved and begin to pressure accident victims (and their families) into accepting a low settlement offer. 

FAQs About Pedestrian/Motorcycle Accidents

At Poynter & Bucheri, we answer a lot of questions about accidents, compensation, damages, and lawsuits. 

These are some of the most commonly asked questions that we hear from our clients. 

Can a pedestrian get compensation for injuries caused by a motorcyclist? 

Yes, a pedestrian can get compensation for their injuries. Personal injury lawsuits and claims are not strictly for drivers and passengers; they are available to anyone who has been injured by the negligent or careless behavior of another individual or entity. 

What kind of damages can I include in my pedestrian accident lawsuit? 

We help our clients get compensation for both monetary and non-monetary damages. Getting hit by a motorcycle can cause major injuries and even death. 

Some of the monetary and non-monetary damages we see among many of our pedestrian accident clients include:

• Medical costs (including future costs)
• Property damage
• Hospitalization
• Physical therapy
• Mental health therapy
• Lost wages
• Lost capacity to work
• Pain
• Suffering
• And more

How much compensation should I receive for my pedestrian/motorcycle wreck? 

There is no single answer to this question. We wish we could offer a straightforward answer in an online article like this, but every single accident is unique. 

It would be irresponsible for an attorney to promise a specific amount of money without knowing the details of your case, the damages you have suffered, and the specific cause of the accident. We recommend reaching out to a pedestrian accident attorney to discuss your case. 

What to Do if a Motorcycle Hits a Pedestrian in Indiana – Contact Poynter & Bucheri 

At Poynter & Bucheri, our attorneys take your pain and suffering seriously. We know that recovery from a pedestrian accident can be incredibly difficult, and the last thing you want to worry about while recovering is how you will pay for everything. 

Our experienced personal injury attorneys work with pedestrian accident victims in Indianapolis and the surrounding areas. We will fight for your right to compensation from an at-fault motorcyclist. 

Let Poynter & Bucheri Law Office help you navigate the complex legal process of getting compensation for the damages you have suffered. 

Contact us 1-800-265-9881 for a free case review today!