With a vast network of biking trails used throughout the year for commuters and long-distance enthusiasts, the Sunshine State is a hotspot for biking and enjoying the outdoors. It also has the highest rate of bicycling deaths in the United States. With 50,000 people seriously injured and 0.57 deaths per 100,000 residents in 2014, a Bicycle Accident Injury Claim is not an unusual case for Florida based Personal Injury Lawyers. In fact, the bicycle fatality rate is more than double the national rate.
If you or a loved one have suffered an injury or a fatality on a bicycle, then the help of a Bicycle Accident Personal Injury Attorney can work to bring you the compensation that is rightfully yours.
St Petersburg Personal Injury Attorneys McQuaid & Douglas are both partners at Battaglia Ross Dicus & McQuaid, P.A. and have been consistently recognized by their peers, courts and the community as premier lawyers in Personal Injury Law. The firm is ranked as a Tier 1 Law Firm by US News and World Reports.
You can use our Free Consultation service to get started today.
Can I claim damages for my Bicycle Accident in Florida?
If you were involved in a bicycle accident with another vehicle, you may have a meaningful and successful case. However, the other driver or drivers involved must be proven negligent. A Bicycle Accident Attorney must be able to prove the following:
Breach of Duty:
The driver failed to take the necessary measures to control their vehicle in a safe, reasonable or legal manner under Florida law.
It must be proven that the driver’s negligent or incorrect behavior caused the bicycle accident.
The injuries and damages you suffered were a direct result of the incident. This is not just physical injuries, but also the longer-lasting damages such as lost wages, loss of earning capacity and past and future medical costs.
Bicycle accidents by nature tend to result in serious injuries. A bicycle accident personal injury lawyer can work to make sure you get the full compensation you deserve to cover these often life-changing damages.
Florida Cyclist Rights
If you are unsure whether your incident is applicable for a Personal Injury claim, you can use our free consultation service. Below are some frequently answered questions to help clear up any doubt:
- “No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with the law.”
- “There is only one road, and it is up to bicyclists and motorists to treat each other with care and respect.”
- A bicyclist must obey all traffic controls and signals.
- A bicyclist who is not traveling at the same speed as other traffic must ride in a designated bike lane when possible.
- Every bicycle must be equipped with brakes which allow the rider to stop within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement.
- A bicyclist may leave the right-most portion of the road in the following situations: When passing another vehicle moving in the same direction; when preparing for a left turn; when attempting to avoid any obstacle or danger in front of them.
- A bicyclist operating on a one-way street with two or more traffic lanes may ride as close to the left-hand edge of the roadway as practicable.
What To Do If You’ve Been in a Bicycle Accident
- Seek medical attention. This is always the number one priority, even if the injuries seem minor. The very fact you received medical attention can serve as crucial evidence in your case. Keep your own records, such as pictures and doctor’s reports.
- Wait for the police to arrive. Never leave the scene of an accident before the police arrive unless it is for medical attention. You need to be involved in telling the police your story, reporting all injuries to them no matter how minor.
- Don’t admit fault. It is easy in the rush of adrenaline and shock to assume responsibility. Admitting fault can prove a costly mistake and can often be incorrect anyway. Facts are later revealed that you missed.
- Collect your own evidence. This means, taking your own photos, documenting witness reports and their details. Evidence can quickly get lost or go missing in police reports.
- Obtain Driver Information. If possible, get the details of the other driver or ask someone else to do so for you.
- Preserve evidence. Evidence can quickly go missing. Do not attempt to fix your bike or use it again after the accident. Keep your bike, clothing and helmet safe and unwashed. It is crucial evidence.
- Contact a Personal Injury Lawyer. The faster you act, the better chance you have of a successful case. The moment the insurance companies and other party’s attorneys are notified, they’re working against you. It’s essential to contact a Personal Injury Attorney before an Insurance company, who will only be looking to catch you out.
Why should you hire a Bicycle Accident Personal Injury Attorney?
The majority of bike and auto accident collisions can be complicated affairs. With a plethora of legal matters to understand and daunting insurance companies to battle, a Bicycle Accident Lawyer can remove the pressure placed on you when you’ll need to focus on recovering, returning to work and spending time with your family. You won’t receive any stressful phone calls from the insurance companies, and you can relax knowing that you’re in safe hands.
We know the damages you’ve suffered but you may have missed lost wages, psychological distress, past and future medical costs, diminished ability to perform activities of daily living, and more are all often overlooked. We strive to explore all avenues of recourse for you in your claim.
- We ensure evidence is preserved correctly. The evidence tends to be lost in a matter of days or even hours; we will work to make sure it is secured.
- We know which evidence will support your case. Under Florida law this is crucial, as recovering compensation is only possible if it is established that another person’s legal negligence caused the accident.
- Insurance companies will exploit the stress you’re going through and your lack of knowledge, often pushing you into admitting a mistake. Our experience tackles this so we can get you the best results.
- An attorney can get to work straight away, without the huge mental distractions you’ll likely have following the incident. Acting soon will give you the upper hand.
- Vastly greater compensation results can come from the work of an auto accident lawyer, than an individual claim.
- We’ll be your advocate throughout the entire process and effectively handle all the legal work and procedures for the optimal outcome.
Call Us Today, We’re Here to Help
We represent clients throughout Southwest Florida