Bicycle Accident Injury Lawyers
Bicycle accidents happen. There is a feeling you get when riding a bike, whether it is your only way to get around or if you are just biking for recreation. You are using the force of your own body to travel in a clean, efficient way. The wind blows past you as you get a healthy bit of exercise. Communities are making it easier than ever before to ride your bicycle.
But as with any means of transportation, accidents can happen. A motor vehicle could hit you while you are on your bike. Because you are more exposed to the elements, bicycle accidents can leave extensive injuries and expensive damage. A bicycle accident will also probably leave you having to deal with an insurance company that might fight your claim.
The plus side is that our bike accident attorneys at Gulisano Law have years of experience with accidents involving all types of vehicles, including bicycles. We’ve successfully represented injured bicyclists in cases against negligent drivers and insurance companies. We have helped accident victims recover compensation for injuries and property damage, and are committed to holding negligent motorists accountable for their actions. If you have been involved in a bicycle accident, please contact us today. We will review your claim at no cost to you.
Florida Bicycle Accidents & Injuries
With year round sunshine in Florida many residents and visitors use bicycles as a mode of transportation as well as enjoy bikes for recreation and fitness. This increase in use means more bicycle related accidents. According to the National Highway Traffic Safety Administration, Florida is the most dangerous state for cyclists.
By law, cars must allow 3 feet of space when passing a bicycle, however many drivers are unaware or fail to obey this law which leads to serious and sometimes deadly accidents. An accident, is a scary moment that can often have on-going repercussions. In Florida, if you are injured while cycling you have rights and a bicycle injury lawyer can help you protect yourself.
What Causes So Many Bicycle Accidents in Florida?
Although cars drastically outnumber bicycles, that doesn’t mean cyclists are free from accident risk. In 2015, the most recent year U.S. Centers for Disease Control data is available, more than 1,000 bicyclists died and bicycle-related injuries exceeded 467,000.
There are several causes behind these accidents, including:
- Failure to yield the right of way;
- Failure to see bicyclists approaching an intersection;
- Running into or backing over cyclists;
- Failing to use turn signals;
- Failure to leave sufficient space;
- Running red lights or stop signs;
- Opening a car door without checking the mirror(s) for cyclists;
- Failure to look both ways when turning or crossing an intersection;
- Aggressive or reckless driving; and
- Driving under the influence.
Bicycle Safety in Florida
In 2017, 116 cyclists died in Florida. Many more were seriously injured. Riding a bike can be fun and invigorating, but it can also be dangerous. There are ways to protect yourself including:
- Be visible;
- Wear protective gear;
- Avoid listening to headphones;
- Ride in groups or with buddies; and
- Do not rely on motorists to see you.
Even when taking every precaution, you may still find yourself the victim of a bicycle accident due to an inattentive driver who:
- Exits a driveway without looking;
- Turns without looking;
- Fails to obey traffic signs;
- Fails to yield the right-of-way; and
- Impaired or distracted.
Typical Injuries From Bicycle Accidents
As a victim of a bicycle accident you could suffer serious and permanent injuries including:
- Spinal cord injuries;
- Broken bones;
- Internal injuries;
- Traumatic brain injuries;
- Head/neck injuries; and
- Death.
What Should I Do After A Bicycle Accident?
Whether as the injured person or as a loved one of a cyclist this is a frightening experience. After an accident you should:
- File a police report – your injuries may not show their effects till hours or days later;
- Get driver and witness contact information;
- Document the scene of the accident – take pictures if possible;
- Keep evidence – do not fix your bike or replace helmet; and
- Make a plan – talk to an attorney before the insurance companies.
How Can A Bicycle Accident Attorney Help?
Cases involving bicycle accidents can be as complex as traditional motor vehicle accident claims. Therefore, it is important to hire an attorney to assist you following a crash. Below, we will show you what a bike accident attorney can do for you, and you will see that it is quite a few things.
To help recover compensation for your losses, your attorney may:
- Gather witness statements;
- Review police and accident reports;
- Recreate the scene of the accident;
- Inspect and document any damage to the bike;
- Investigate the driving history of the alleged at-fault party; and
- Contact experts to analyze medical records and create reenactments of the accident to determine fault and causation.
If the accident occurs in Florida, the injured bicyclist could be subject to no-fault insurance law. In that instance, personal injury protection, (“PIP”), insurance would pay for initial coverage. If the injured cyclist also owns a car, his or her own insurance would be responsible for compensation. If not, the other party’s insurance would ostensibly pay. However, it is not as easy as it sounds.
Given the severity of injuries that can result from a collision with a motor vehicle, payment under PIP insurance may not fully cover the cost of your injuries and damage. For these individuals, an attorney can:
- Complete necessary PIP steps and exhaust collection;
- Determine causation and fault; and
- File a lawsuit against a party negligent in causing your crash.
If you are in an at-fault state, like Florida, an attorney will still be available to help you attempt to get the full amount of compensation you are owed for your injuries. The bicycle accident attorney will hold the other, at-fault party’s insurance company accountable for paying you what you owe.
When you are hurt, in pain or suffering, you should be focused on healing instead of fighting with insurance adjusters. While you recover, Gulisano Law’s injury lawyers will handle the investigation, build your case, deal with the insurance companies and take care of paperwork. You are not in this alone and our priority is to provide you the best legal representation so you can make the right decisions for you and your family.
Bicycle Accident Lawsuits
Here are two major types of bicycle accident lawsuits.
Negligence
Neither the cyclist nor the driver will want to take responsibility for the accident. Determining liability and causation will depend on the evidence your attorney has collected and his or her ability to present it favorably. Some common discrepancies in bicycle accident cases involve determining who had the right of way, failed to exercise reasonable care, and violated traffic laws. Successful bike accident lawsuits will show that:
- The opposing party failed to act in a reasonable manner and breached the duty each motorist owes one another;
- This breach caused the accident; and
- An injury was sustained in and caused by the accident.
Product Liability Claim
If a defect in the product contributed to the accident, you may have a claim against the manufacturer. In a negligence claim against a product manufacturer, your attorney will have to show:
- The defective bicycle or part was “unreasonably dangerous;”
- The bicycle was being operated as the manufacturer intended; and
- The bicycle’s performance had not changed since its initial purchase.
Successful “strict liability claims” will require proof that the defect originated in the manufacturing process, and may require the testimony and analysis of experts.
Bicycle Accidents – Injuries and Compensation
Injured riders in Florida should be aware that PIP insurance alone does not typically cover injuries such as:
- Contusions and concussions;
- Skull fractures;
- Brain injury;
- Spinal cord injury;
- Back injury;
- Broken bones;
- Broken neck;
- Paralysis; or
- Death.
If a cyclist has sustained a serious injury and PIP benefits have been exhausted, a lawsuit may seek to recover:
- Past and Future Medical Costs: This covers costs related to the diagnosis, treatment, and rehabilitation of the injury;
- Lost Wages: Potentially, if the injured can show their injury prohibited them from performing their job, compensation may be available; and
- Compensation for Pain and Suffering: This covers physical and mental anguish caused by the accident.
If you have been in a bicycle accident, you may have legal recourse. To see how our bicycle accident attorneys may be able to help you collect compensation, please contact us for a no cost no obligation free consultation.
Gulisano Law – Fighting for Cyclists
Insurance companies are for-profit businesses which aim to protect their cash reserves, and it is likely they will try to find a way to refute your claim. The defendant’s attorney will have experts working to limit liability and show you were, at least, partially to blame.
Gulisano Law also has access to top experts in their respective fields and will work with these individuals to collect, analyze, and present evidence in the light most favorable to you. With these resources, our attorneys have developed a history of building strong cases against negligent drivers and collecting the compensation to which our clients were entitled.
If you or a loved one were in a bicycle accident and need experienced, passionate advocates to help you get the compensation you deserve, and hold negligent parties accountable for their actions, contact us today for a free, no-risk case evaluation.