Accidents Involving Pedestrians and Cyclists – Liability and Compensation
Accidents involving pedestrians and cyclists are among the most serious road incidents – both in terms of their consequences for those injured and the legal implications for the driver. Whether you are the driver involved in such an incident or the injured pedestrian or cyclist, the legal situation is complex and requires individual analysis. Fault does not always lie on one side, and the compensation available is often far broader than the insurer’s first offer suggests.
Contents
- A driver’s liability for an accident involving a pedestrian or cyclist
- When a pedestrian or cyclist bears contributory responsibility
- What an injured pedestrian or cyclist is entitled to
- Criminal liability of the driver
- What to do immediately after the accident
- How insurers approach these cases
- A practical example from our caseload
- Frequently asked questions
A Driver’s Liability for an Accident Involving a Pedestrian or Cyclist
A driver’s liability for harm caused to pedestrians and cyclists rests on two independent legal bases. The first is civil liability under Article 436 § 1 in conjunction with Article 435 of the Civil Code – a driver, as the keeper of a mechanically propelled vehicle, is liable for damage caused in connection with the movement of the vehicle on the basis of strict liability. This means that to establish civil liability it is not necessary to prove fault – it is sufficient that the incident occurred in connection with the movement of the vehicle. A driver can escape this liability only by demonstrating that the damage resulted exclusively from the fault of the injured party or a third party for whom the driver is not responsible, or from an event of force majeure.
The second basis is criminal liability – if the accident meets the elements of the offence under Article 177 of the Criminal Code, the driver may face criminal proceedings independently of any civil claim.
When a Pedestrian or Cyclist Bears Contributory Responsibility
Strict liability does not mean the driver always bears full responsibility. If a pedestrian or cyclist contributed to the damage, the court may reduce the compensation payable to them in proportion to the degree of their contribution – under Article 362 of the Civil Code. Typical cases of contributory fault on the part of a pedestrian include stepping onto the carriageway at a prohibited location or without checking that it is safe to cross, crossing outside a designated crossing, and using the road while under the influence of alcohol. For cyclists, the most common issues are riding without lights after dark, failing to yield right of way, riding against the flow of traffic or cycling while under the influence of alcohol.
The degree of contributory fault is determined by the court on the basis of all the evidence, frequently with the assistance of an accident reconstruction expert. Insurers often overstate the degree of contributory fault attributed to the injured party, thereby reducing the compensation paid.
What an Injured Pedestrian or Cyclist Is Entitled To
A pedestrian or cyclist injured in an accident caused by a driver can claim the full range of remedies provided by the Civil Code from the at-fault driver’s insurer. Under Article 444 of the Civil Code, they are entitled to reimbursement of all treatment and rehabilitation costs, reimbursement of lost earnings for the period of incapacity to work, and a periodic allowance if the impairment is permanent and affects their earning capacity or generates ongoing additional costs. Under Article 445 of the Civil Code, the injured party may claim compensation for pain and suffering – covering physical and psychological pain, the duration and burden of treatment, and any lasting health consequences.
If the accident resulted in the death of a pedestrian or cyclist, their family is entitled to the benefits set out in Article 446 of the Civil Code – compensation for pain and suffering, compensation for a significant deterioration in living circumstances, and a periodic allowance.
Criminal Liability of the Driver
If a pedestrian or cyclist sustained injuries impairing bodily functions for more than seven days, the incident qualifies as a road traffic accident within the meaning of Article 177 § 1 of the Criminal Code, which carries a custodial sentence of up to three years. If the accident resulted in death or serious bodily harm, Article 177 § 2 of the Criminal Code applies – a custodial sentence of up to eight years.
Criminal liability is significantly aggravated by Article 178 of the Criminal Code – if the driver was under the influence of alcohol or a narcotic substance at the time of the accident, or fled the scene, the upper limit of the sentence increases. Fleeing the scene is therefore not only an act of moral failure but above all a criminal offence that dramatically worsens the driver’s legal position.
What to Do Immediately After the Accident
The first and absolute obligation is to stop the vehicle and assist the injured party – calling an ambulance and securing the scene. This obligation follows from Article 44 of the Road Traffic Act, and its breach constitutes a separate criminal offence. The police must then be called, the vehicle must not be moved before they arrive, and evidence must be preserved – photographs of the scene, the position of the vehicles, skid marks and damage. The details of any witnesses should be noted.
Before making any statements about the circumstances of the accident – whether to the police or to the other party – it is advisable to consult a lawyer. A spontaneous admission of fault or the making of unfavourable statements can seriously complicate a defence in subsequent criminal proceedings.
How Insurers Approach These Cases
In cases involving pedestrians and cyclists, insurers are particularly inclined to invoke contributory fault on the part of the injured party – often attributing a higher degree of contribution than the circumstances justify. Every percentage point attributed directly reduces the compensation paid. For this reason, scrutinising the degree of contributory fault accepted by the insurer is one of the key elements of these cases.
As in other personal injury cases, compensation for pain and suffering is also undervalued – particularly where injuries are not externally visible or where the injured party regained a degree of mobility after some time. Insurers tend to minimise the long-term psychological consequences of an accident, such as post-traumatic stress disorder, which can affect victims of serious road incidents.
A Practical Example from Our Caseload
A cyclist who had been struck by a car at a junction in Poznań came to the firm. The at-fault driver’s insurer attributed 50% contributory fault to the cyclist, citing the absence of a reflective vest and alleged failure to yield right of way, and on that basis paid half of the calculated compensation with a proportionally reduced pain and suffering award.
After analysing the case file and commissioning an accident reconstruction expert’s report, the firm demonstrated that the cyclist had been riding correctly, had functioning lights and had not failed to yield – it was the driver who had failed to take due care when turning left. The District Court in Poznań found the cyclist’s contributory fault to be 10% and awarded additional compensation and pain and suffering damages amounting to a multiple of the sum originally paid by the insurer.
Frequently Asked Questions
Is a driver always liable for an accident involving a pedestrian? Not always in full. A driver is liable on the basis of strict liability, which means they may be released from liability or held liable to a reduced extent if the pedestrian contributed to the incident. The degree of contributory fault is determined by the court based on the specific circumstances of the case.
A pedestrian crossed on a red light – is the driver still liable? Crossing on a red light constitutes serious contributory fault and may significantly reduce the compensation payable to the pedestrian. It does not, however, automatically release the driver from civil liability – all the circumstances of the incident are relevant, including the vehicle’s speed, whether the collision could have been avoided and the driver’s conduct.
A cyclist was riding without lights at night and was hit – what are they entitled to? Riding without lights is a serious road traffic violation and will be taken into account as contributory fault. It does not deprive the cyclist of the right to compensation – it reduces it proportionally to the degree of contributory fault established.
As a driver, do I have to wait for a criminal conviction before civil proceedings can take place? No. Civil compensation proceedings are independent of criminal proceedings and can run in parallel. A criminal conviction is, however, binding on the civil court as to the fact that the offence was committed – under Article 11 of the Code of Civil Procedure.
Contact Us
An accident involving a pedestrian or cyclist – whether you are the driver or the injured party – is a matter in which a prompt and appropriate legal response is critical.
It pays to be properly prepared: both in knowing what you can claim and in having a clear strategy.
We handle cases for drivers in Poznań and across the Wielkopolska region, with in-person and online consultations available for clients elsewhere in Poland.
Adwokat Marta Krzyżanowicz and Adwokat Michalina Koligot Law Firm “Adwokat dla Kierowców w Poznaniu”
ul. Adama Mickiewicza 18/3, 60-834 Poznań
tel. +48 795 001 536 · +48 531 335 713 kontakt
@adwokatdlakierowcy.pl · www.adwokatdlakierowcy.pl
This text is for general information purposes only and does not constitute legal advice. Every case requires individual analysis.