Choosing the Best Florida Bicycle Accident Attorney
Let Our Florida Injury Law Firm Help You
After a serious bicycle accident in Florida, you may become submerge with medical bills and expenses at a prison term when you should be focusing your energies on recovery. Personal injury protection ( PIP ) policies are cursorily exhausted and you may find that you are left to handle insurance companies on your own. When this occurs, you need an have and skilled Florida bicycle accident lawyer in your corner. Yet how can you choose the best Florida bicycle accident lawyer for your sheath ? Choosing the best Florida bicycle accident lawyer near you is a personal decision and one that should not be taken lightly. After all, the lawyer you choose will help you collect and recover the recompense you deserve. Without a lawyer on your side, policy companies may pressure you into signing and accepting a lowball settlement offer. At Dolman Law Group Accident Injury Lawyers, PA, we know that you have many options when it comes to choosing a police firm to represent you. We want to have the opportunity to meet with you and discuss your case personally, so we can show you why then many hurt cyclists choose us to represent them after an accident. Our lawyers offer free initial consultations and reviews, and we provide honest feedback that you can trust.
With offices located throughout Florida, including Clearwater, North Miami, Tampa, and Boca Raton, we are there wherever you need us. Call us today at ( 727 ) 451-6900 to begin exploring your legal options or fill out our confidential contact form. We offer in-person consultations in our offices, at your dwelling, or even in your hospital room. We can besides arrange to meet virtually during this clock time.
Common Causes of Florida Bike Accidents
The most common accidents involved bike-vehicle crashes when the drivers of the vehicles were between 20 and 24 years old. This was surprising to many Floridians, who much blame the aging junco population for road-related accidents, but drivers older than 75 were least likely to be involved when cars and bikes collided. The most common negligent driving behaviors that lead to bike collisions are :
- Failure of drivers to yield the right-of-way to cyclists
- Distracted driving, such as texting
- Careless driving
- Running stop signs
Florida Bicycle Accident Lawyer Near Me 833-552-7274
Your Rights as a Florida Cyclist
Under Florida law, cyclists have “ all the rights and all of the duties applicable to the driver of any early vehicle. ” Of course, there are certain exceptions, such as regulations for riding with a child younger than four and using a bicycle helmet if you are younger than 16, but cyclists are by and large entitled to their bazaar share of the road. Bike riders are supposed to use the motorcycle lane if they are riding slower than the normal amphetamine of traffic—and if no such lane is available, then they are required to ride as far to the proper as possible. But as you can imagine, bankruptcy to yield right-of-way accidents can much occur when drivers make right turns across bicycle lanes and crash into riders who adhere to the law. unfortunately, most drivers do not consider bicycle lanes as actual traffic lanes, but this is no excuse for their negligence under Florida law. For a spare legal consultation with a bicycle accidents lawyer serving Florida, call 833-552-7274
Recovering for Your Injuries After a Florida Bike Accident
If you were injured by a motor vehicle while riding your motorcycle, there are by and large two causes of action your lawyer may pursue in court : negligence and negligence per selenium. To show that another driver was negligent, your lawyer must prove the watch :
- Duty: The driver had a duty to others to operate a motor vehicle in a safe manner and in accordance with Florida law.
- Breach: The driver failed to take measures to operate the vehicle in a safe, reasonable, or legal manner.
- Cause: As a result of the driver’s breach, you were involved in a traffic accident.
- Damages: As a result of the accident, you sustained injuries or other compensable damages.
If the accident occurred because an aggressive driver did not want to contribution the road, however, you have a shell for both your personal injuries and to bring to the patrol. Negligence per southeast is besides a potential lawsuit of natural process if the accident was caused because the other driver violated Florida jurisprudence and that trespass caused the accident. For example, if the other driver changed lanes without using a turn bespeak or made a right turn over a bicycle lane, your lawyer can argue that the driver should pay recompense for your injuries. Because bicycle accidents can result in good injuries to riders, you should not hesitate to contact a Florida bicycle accident lawyer to discuss whether you have a viable call for compensation.
Most Common Bike Crash Injuries and Factors
Did you know that bicycle-related injuries are second alone to horseback riding accidents on the scale of seriousness ? The most unplayful injuries suffered in a motorcycle accident include traumatic brain injuries, specially for those who do not clothing helmets. unfortunately, traumatic brain injuries can result in lifelong disabilities for injure riders. even what appears to be a minor impingement can result in fatal injuries depending on the way in which the cyclist hits the crunch, vehicle, or another object. not all injuries are to the brain, however. In fact, the most common bicycle accident injuries include :
- Face, eye, and dental injuries
- Fractures and dislocations
- Punctured lungs
- Abdominal injuries such as bowel contusions and ruptures
furthermore, the most common factors that contribute to a cyclist ’ mho injuries include :
- Age and gender
- Time of day
- Lack of safety gear
- Unsafe riding environments, including uneven pavement
- Tricks and competitive riding
- Motor vehicle involvement
Reported Bicycle Accidents Involving Injuries in Florida
source : www.flhsmv.gov/ even if certain factors—in accession to another driver ’ s negligence—contributed to your Florida bicycle accident, you may still be entitled to compensation, either from the driver ’ s insurance policy or in a motor hotel of law.
Florida Bicycle Accident FAQ
For those who love outdoor cycle, it doesn ’ deoxythymidine monophosphate get a lot better than bicycling in Florida. The great weather and glorious scenery make it the perfect plaza to motorbike for transportation or diversion. unfortunately, it besides has one of the highest per-capita cyclist death rates in the area, with 9,356 bicycle crashes, including 720 fatalities and 1,543 incapacitating injuries in 2018.
What are the common causes of Florida bicycle accidents?
As with all accidents, there may be one main factor or a combination of factors causing the accident. According to the National Highway Traffic Safety Administration ( NHTSA ), 30 percentage of bicyclists injured in an accident are struck by a car. Motorists frequently do not leave adequate room between their vehicle and the bicycle. Cars frequently rear-end bicyclists, particularly at stop signs. approximately 11 percentage of the time, accidents happen when a vehicle crosses the path of a cyclist in an intersection or emerging from an bowling alley or driveway. common causes of bicycle accidents include :
- Driver inattention. Bicyclists are just as much in danger from distracted drivers as are other vehicle drivers on the road. Drivers are about three times more likely to crash if they are making a phone call while driving and 23 times more likely to crash when texting and driving. The Centers for Disease Control (CDC) reports that every day, there are 1,161 people injured, and eight people killed because of distracted drivers. However, bicyclists are also distracted when they are using hands-free devices or wearing headphones while riding, possibly causing them to swerve into traffic or across intersections with oncoming traffic.
- Failure to yield. Drivers are often unaware that they must yield to bicyclists on the road, but failure to yield accidents may also happen when a driver is speeding or driving aggressively. Such accidents frequently occur at intersections, and approximately 45 percent of crashes between bicycles and motor vehicles take place in intersections. Almost half of all bicycle accidents happen when a motor vehicle makes a left turn and hits an oncoming cyclist.
- Speeding. When a driver is speeding, they require greater stopping time and have less time to avoid potential collisions. Even in areas with a low speed limit, a driver going too fast puts bicyclists at risk.
- Dangerous road conditions. Road hazards are especially risky for bicyclists. In fact, 13 percent of bike accident injuries are the result of substandard road or bike lane conditions, which can cause a cyclist or other vehicle to swerve to avoid a dangerous condition. Bikes are less stable than four-wheeled vehicles, so sudden changes in the road surface, such as ruts, potholes, or sewer grates, may cause an accident. If a road hazard causes the accident, the state, county, city, or other entity responsible for road maintenance may be liable.
- Riding at night. More than half of all bicycle accidents happen after dark. Bicyclists are more difficult to see, and the motorist may see the cyclist too late to avoid a collision. Bicycles should have reflectors and lights to make them more visible, and riders are more visible when wearing reflective gear.
- “Dooring.” On busy streets, the bicyclist has to ride closer to parked cars. “Dooring” happens when the motorist fails to check for oncoming traffic, opens the door, and strikes the cyclist.
- Impaired driving. Drugs and alcohol cause one out of three motor vehicle-related fatalities. Consuming drugs or alcohol before driving leads to diminished cognitive abilities, so the chances are greater that the driver does not see the bicyclist. In 2017, alcohol played a part in 37 percent of all fatal bicyclist crashes.
- Bad weather. Accidents are more likely to occur in bad weather. Bicycles have relatively thin tires, and when riding in the rain, sleet, snow, or ice, traction is affected. Drivers may have difficulty seeing bicyclists in bad weather conditions.
What are some common injuries suffered in a Florida bicycle accident?
When a bicycle and a car collide, the cyclist will probably suffer more severe injuries. Bike accidents frequently result in fatalities, specially when the car is going fast, or the cyclist is not wearing a helmet.
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Bicyclists may sustain catastrophic injuries, such as :
- Head and brain injuries. Traumatic brain injuries, such as concussions or skull fractures, may leave the injured person with permanent disabilities.
- Internal injuries. A bicycle accident may result in damage to the internal organs, such as the spleen, liver, or kidneys. Other dangerous injuries, such as those to the bowel and pancreas, are very serious and may take days to discover.
- Neck and back injuries. An injured bicyclist may suffer severe spinal cord damage.
- Soft tissue injuries. These may include damaged ligaments, tendons, or muscles, which can cause pain, swelling, bruising, and damage.
- Fractures. Broken bones are painful, debilitating, and may require surgery.
- Face, eye, and dental injuries.
- Scarring and disfigurement.
What is the law regarding bicycles in Florida?
often, motorists and bicyclists don ’ thymine think of bicycles as a fomite. however, Florida law defines a bicycle as a vehicle, and the cyclist is a driver. Both cyclists and cable car drivers must exercise care and obey the rules of the road. Florida statute 316.2065 states that “ Every person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle. ” Bicyclists have the same rights to the roadways as centrifugal vehicles, but they must besides obey the same traffic laws as the drivers of other vehicles. These laws include riding with the menstruation of traffic, obeying stop signs and crimson lights, using lights at night, yielding the right-of-way when entering a roadway, and yielding to pedestrians in crosswalks. Cyclists are not required to ride on the shoulder, although they may ride on the shoulder if they choose. however, bicyclists should never hug the control or drive in the gutter, both of which increase the hazard of a crash. Cyclists may ride a bicycle on a sidewalk in Florida, but some local governments may forbid it. however, when biking on a sidewalk or in a crossing, they have all the same responsibilities as pedestrians. There are some basic rules and regulations for bicyclists as provided under Florida ’ s bicycle law, section 316.2065 of the Florida Statutes. These include :
- Bicyclists must obey all traffic controls and signals.
- Bicyclists must use a fixed, regular seat for riding. You are only permitted to ride your bike if you’re sitting on the seat.
- The number of riders and passengers on any bicycle is limited to the maximum number for that bike. You may have a passenger on your bike if the bike was made for more than one person, or if the cyclist is an adult carrying a child securely in a backpack or sling. Children under 4 years old or who weigh 40 pounds or less must travel in a seat or carrier appropriate for a child of that size or age. The seat or carrier must protect the child from all moving parts of the bike.
- Cyclists must keep at least one hand on the handlebars at all times while riding.
- Every bicycle must have a brake that can stop the bike within 25 feet.
- Bikers must ride reasonably close to the right-hand curb of the road. There are some exceptions to this rule include when passing, making a left turn, when a lane is too narrow to share with a car safely, or if traveling on a one-way street with at least two lanes.
- If two cyclists are riding abreast, they must stay within a single lane.
- The use of headphones, earbuds, or listening devices other than hearing aids is prohibited.
- Florida Statutes section 316.2065(7) requires the use of lights and/ or reflectors for bicycles operated between sunset and sunrise.
- Parents and guardians have a responsibility to ensure that their children obey all the provisions of Florida’s bicycle law.
- A bicycle rider or passenger who is under 16 years of age must wear a properly fitted bicycle helmet that meets the federal safety standard for bicycle helmets, as defined by the Code of Federal Regulations (16 C.F.R. Part 1203). This includes a child riding in a trailer attached to a bike.
What are the responsibilities of drivers to Florida bicyclists?
Drivers must pay attention to their own drive, but must besides pay attention to early vehicles around them. Bicyclists have little or no protection. Therefore, in the event of a crash, their injuries are frequently good or fateful. A “ Share the road ” gestural may be present if the road is excessively narrow for both bikes and cars in one lane. In those circumstances, the cyclist has the full habit of the lane and motorists may merely pass if it is condom.
- Motorists should be aware that bicyclists usually ride in the right half of the lane, except in certain circumstances.
- Accidents often happen when a motorist makes a right turn in front of a bicyclist. Drivers should assume the bicyclist is moving straight ahead at an intersection unless they have signaled a turn.
- When making left turns, drivers must yield to oncoming bicyclists, just as they would to other vehicles.
- Passing and overtaking is especially risky when sharing the road with a cyclist. According to Florida law, if a driver is overtaking a bicycle, they must allow a distance of at least 3 feet between the motor vehicle and bicycle. The driver must pass to the left at a safe distance and must only return to the right side of the roadway when safely clear of the overtaken vehicle.
- Motorists should be alert to hazards such as potholes, drain grates, and debris, as these can cause bike accidents, and bicyclists may need space to maneuver around hazards.
- Always especially careful around children on bicycles. Allow plenty of space and watch out for unexpected movements.
What are other factors that place Florida cyclists at risk?
Driving a car responsibly and staying alert can reduce the risk of accidents, though Florida cyclists have no means of ensuring they are sharing the road with creditworthy, heedful drivers at all times. other hazard factors include :
- Distracted driving has become a serious problem because people try to multitask while operating a vehicle.
- Operating any vehicle while under the influence of drugs or alcohol is dangerous.
- It is hazardous to drive faster than the posted speed limit or too fast for road conditions. A speeding driver may be slow to react to a dangerous situation or cannot stop in time.
- Treacherous road conditions and poor visibility can impair drivers’ response time. Drivers must be aware that there may be bicyclists on the road even in ice, snow, sleet, or heavy rain. Sun glare is also a risk.
- Unclear bicycle lanes are confusing and dangerous for everyone on the roads.
- Poorly maintained roads are a hazard for both bicyclists and motorists.
What are the basics of Florida bicycle accident lawsuits?
In a bicycle accident lawsuit, the main issue is whether person ’ south negligence caused the accident and the result injuries. negligence by a driver can take many forms, including ignoring traffic signals, speed, drifting into a bicycle lane, or failing to maintain the basic duty of manage owed to everyone else on the road. In addition to a driver ’ s negligence, liability may arise from a defective bicycle, confusing bicycle lanes, or ill maintained roads. If you are injured in a bicycle accident, and you decide to sue the defendant in court for your bicycle accident, you and your lawyer necessitate to prove that the defendant owed you a duty of caution, that they failed to perform this duty of care either by their action or failure to act, that the defendant caused your bicycle accident, and that as a result, you suffered damages. Each bicycle accident is unique, and determining indebtedness comes polish to specific facts of the accident. testify, such as police reports, photos, or spectator testimony helps prove the facts and establish indebtedness.
What types of compensation might I receive after my Florida bike accident?
If you were injured in a bicycle accident, the court may award these damages, depending on the facts of your case :
- Any medical bills and expenses related to the accident, including ambulances, emergency care, tests, hospitalization, doctor visits, rehabilitation, or ongoing care
- Compensation for lost wages
- Past, present, and future pain, suffering, and inconvenience
- Past, present, and future mental anguish and emotional distress
- Loss of earning capacity in cases of permanent physical or mental impairment
- Compensation for permanent injuries and damages
- Payment of all causally related bills for psychological or psychiatric treatment
- Loss of consortium, companionship, or spousal support
- Compensation for future medical treatment or procedures (including future surgeries and hospital stays)
- Rehabilitation expenses, including physical rehabilitation and vocational retraining if required.
- Long term medical and nursing care needed as a result of your injury.
- Wrongful death
What should I do in the event of a Florida bicycle crash?
The first and most crucial step is to seek aesculapian concern arsenic soon as possible. even if you think you have no injuries or that your injuries are minor, some injuries do not show up until days or evening weeks late, so prompt checkup care is important.
- When biking, carry a cell phone, some form of identification, and emergency contact information.
- Call the police. Even if the crash appears to be minor, an official police report may be valuable in the event of a lawsuit.
- Leave your bike in the same state it was after the crash, if possible. It is best if the police see the accident scene undisturbed.
- Get the basic information, such as the name and insurance information of the driver, and the names of any passengers and witnesses.
- Take photos of injuries, your bicycle, and the accident scene.
- Never admit fault. Do not publish photos of or information about your accident on social media. Insurance adjusters and private investigators may read your posts, and it may harm your case.
- Make no statement to insurance or other people until you talk to a lawyer.
If you or a love one were injured in a bicycle accident, consult an have Florida bicycle accident lawyer at Dolman Law Group Accident Injury Lawyers, PA to discuss your legal options.
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Call an Experienced Florida Personal Injury Attorney as Soon as Possible
Bike accident police is a building complex field due to the legal standards and protections that apply to Florida cyclists. It takes an lawyer who understands that Florida cyclists have the same rights to use the road as drivers and that motorists should respect these rights. If you or a love one were injured as the resultant role of a bicycle accident, the Dolman Law Group Accident Injury Lawyers, PA has the personal injury lawyers and bicycle accident attorneys you need in the greater South Florida area. Call our office today at ( 727 ) 451-6900 or contact us online for a absolve, no-risk reference about your injuries. *The above information was written and reviewed by either Attorney Matthew Dolman or another injury lawyer at the Dolman Law Group Accident Injury Lawyers, PA which has a combined 90 summation years of feel rehearse Florida personal injury law. Matthew Dolman himself has been practicing personal injury law in Clearwater and St. Petersburg for the end fifteen ( 15 ) years. The information provided comes from extensive research and years of have trying legal cases in courtrooms throughout Florida. call or text 833-552-7274 or complete a exempt Case Evaluation form
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