Guide · Tort

Bicycle, Pedestrian, and Micromobility Injuries: A Comprehensive Guide to Duties, Right of Way, Shared Devices, and Recovery

42 U.S.C. § 12132

Type
Guide
Jurisdiction
National
Date
2025-01-11
Topic
Tort

A working guide to bicycle, pedestrian, and micromobility injury litigation. Part one maps the modes, the classifications, and why the device category changes the case. Part two covers the right-of-way and operating rules that supply the standard of care. Part three covers the recurring collision patterns and the proof each requires. Part four covers coverage — the driver's policy, the claimant's own uninsured and underinsured coverage, medical payments, and the household policies people forget. Part five covers defenses, including helmet and clothing evidence and comparative fault. Part six covers claims against shared operators, the arbitration problem, and formation attacks. Part seven covers product and roadway design claims. Part eight covers evidence preservation, damages, and lien resolution.

Bicycle, Pedestrian, and Micromobility Injuries: A Comprehensive Guide to Duties, Right of Way, Shared Devices, and Recovery

Tort > Bicycle, Pedestrian, and Micromobility Injuries | Published 11 January 2025 - Updated 29 December 2025 | UpLaw - uplaw.us

Orientation

Five propositions organize this field:

  1. The device classification determines the rules, and the classifications were written before the devices existed.
  2. The vehicle code supplies the standard of care, and both sides usually misread the crosswalk and lane-position provisions.
  3. The claimant's own automobile policy is normally the most valuable coverage, and most claimants do not know it applies to them on foot or on a bicycle.
  4. The scooter contract sends the claim against the operator to arbitration but has no effect on the claim against the driver.
  5. The case is decided by evidence that expires within thirty days — video, telematics, and the device itself.

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