Bicycle accidents can cause catastrophic injuries. Your body is completely exposed, and even a good bicycle helmet cannot protect you from the powerful impact of an oncoming vehicle. If you or someone you love has been injured due to an accident while riding a bicycle in Florida, please contact a Florida personal injury attorney who is experienced in bicycle accidents to help you receive the compensation you deserve.
Florida law
In Florida, a bicycle is considered a vehicle when riding on the road. Specifically, bicyclists are vulnerable road users, along with motorcyclists, skateboarders, pedestrians, and others not surrounded by the metal shell of a motor vehicle. There is currently no specific statute describing laws around vulnerable road users, but rules regarding bicyclists are sprinkled here and there in the statutes. For instance, Florida statute 316.083 states:
The driver of a vehicle overtaking another vehicle proceeding in the same direction shall give an appropriate signal as provided for in s. 316.156, shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other nonmotorized vehicle.
As a personal injury attorney, I have a thorough knowledge of Florida law as it pertains to accidents involving bicyclists and I will vigorously pursue justice if you have been injured due to the negligence of another person.
What to do after a bicycle accident
If you have been hit by a vehicle while riding your own bike or one that you rented, you are probably in no condition to be doing anything. Even if you think you feel ok and want to get up from where you were knocked down, don’t! Moving before you have been checked by a medical professional can worsen existing injuries.
Both superficial and catastrophic injuries can result from a bicycle accident. These may include:
- Road rash and bruising, including severe contusions and abrasions
- Broken bones
- Spinal cord injuries
- Severed or severely mangled limbs
- 2nd or 3rd degree burns
- Head injury causing neurological or cognitive damage or disturbance of the use of the senses
After injury, your priority is to focus on getting better. We let you recover while our team does the heavy lifting of your claim to ensure you are fairly compensated. Have a loved one reach out to us to start looking into your case so that we can get started collecting evidence, file the case, and submit the necessary documentation on time.
Documenting your bicycle accident claim
Information that can help prove negligence and determine fair compensation includes:
- A detailed description of the events and everything that happened immediately thereafter, including photos of the incident and the surroundings
- A police report
- Statements from others who were present with you at the time of the incident
- Medical records
- Documentation of medical costs: past, current, and expected future expense
- Proof of pain and suffering
- Records regarding mental health issues and therapy expenses
- Demonstration of loss of companionship, relationship damage
- Photographs of you before and after injury and any other helpful photos
- Testimonies from friends or family to corroborate your claims
- Statements from you and others regarding how the injury has influenced your life
- Documentation of lost wages and loss of future earnings
- Proof of property damage
- Receipts or estimates for the cost of home renovation required to compensate for your injuries
- Cost of a special vehicle to transport you with your injuries
- Other expenses caused by the accident
Your catastrophic injury has impacted every aspect of your life, and you should receive compensation for them all.
One of the most important aspects of a lawsuit for long-term injury is properly calculating future lost earnings and future medical expenses. I leave no stone unturned to determine the extent of the losses you have experienced, including consulting experts in the medical, financial, and mental health fields in order to calculate future costs accurately and present the most powerful and compelling case.
Comparative negligence in Florida
Even if you think you are partly at fault for the injury, Florida follows the “modified comparative negligence” system. This means that, in a lawsuit, fault is distributed between parties. A party who is more than 50% responsible for the accident is barred from compensation. Therefore, if a jury decides you are 40% at fault for your injury, you would receive 60% of whatever they award you for your injuries. This could still amount to a significant sum of money since awards for catastrophic injury are usually quite high. In this case, a $1,000,000 settlement would mean you receive $600,000.
I work vigorously to uncover every possible expense or complication for my clients to help them get the maximum settlement for their injuries. I will go to court if necessary, and I have a track record of winning significant awards. Contact me today from anywhere in Florida, 24/7, at (954) 448-7288, to schedule a free consultation to discuss your case.