Bicycle Accident Attorneys
With bicycles and motor vehicles sharing many Florida roadways, occasional vehicle-bicycle collisions are inevitable. Unfortunately, these accidents are all-too prevalent, with hundreds of fatal accidents and thousands of non-fatal injuries occurring each year. According to the Florida Department of Highway Safety and Motor Vehicles, there were 8,402 bicycle crashes in the state in 2023, resulting in 227 fatalities and 7,897 injuries.
If you were injured in a bicycle accident as either a motorist or a cyclist, having a skilled bicycle accident lawyer in Florida by your side can help protect your rights. The experienced legal professionals at Scott Marshall Injury Attorneys have represented people in bicycle accidents since 1997, aggressively fighting for clients’ rights and interests. We are committed to our goal of helping clients achieve the best possible outcomes in their bicycle accident claims, providing peace of mind in the process. We also represent injured pedestrians as well as car accident victims.
Understanding Your RightsAs A Bicyclist
When there is not a separate bike lane, bicycles are generally allowed to share Florida roadways with other modes of transportation. Just like motor vehicle drivers, bicyclists are legally obligated to follow traffic safety laws when sharing the road with cars and other vehicles, including signaling their intention to turn, stopping at stop signs, and obeying other posted traffic signs. Cyclists must also ride with (not against) traffic and must use both front and rear lights when riding after dark to be more visible. If a cyclist chooses to take up a full lane of traffic, they may do so, but they must maintain the same pace as other traffic on the road.
Motorists have a duty of care when driving. This duty extends to everyone else on the roadway, including bicyclists. When passing a cyclist, a driver must maintain a safe distance of at least three feet between the vehicle and the bicycle. Motorists who do not obey this law or who violate other traffic laws may be liable to compensate the victim for their injuries and losses.
Navigating Legal ChallengesIn Bicycle Accidents
Because of the relative size discrepancy between bicycles and motor vehicles, cyclists can suffer debilitating injuries when collisions occur. Bicycle accident injuries can range from relatively minor abrasions and bruises to debilitating injuries and even death.
Common injuries and potential consequences of vehicle/bicycle collisions include:
- Cuts and scrapes
- Road rash
- Bruises
- Broken bones
- Dislocated bones
- Fractures
- Dental injuries
- Eye injuries
- Internal organ damage or internal bleeding
- Head and neck injuries
- Spinal cord injuries
- Traumatic brain injuries
- Death
Victims of injuries sustained in bicycle accidents may be entitled to compensation through Florida’s legal system. However, to prevail in a claim for damages, an injured victim must show that the other party was at fault. If the bicyclist failed to yield, was intoxicated, or distracted or otherwise failed to obey the law, a motorist may not be liable. In fact, in this scenario, if the motorist was injured in the crash, they may have a claim for damages against the cyclist.
The facts and circumstances of the accident will be key in understanding potential liability. A knowledgeable Florida bike accident lawyer can help by gathering and evaluating available evidence, and helping you understand your potential rights or potential liability. If it makes sense to pursue a claim for damages, your attorney can guide you through the process and handle all communications with the responsible party and their insurance company on your behalf.
Determining Faultin Bicycle Accidents
Determining liability in bicycle accidents is not always a straightforward process. Your bicycle accident attorney will review police accident reports, photos/video evidence (if available), statements/testimony from people who witnessed the crash, and medical records. Sometimes, accident reconstruction experts or medical experts are called upon to lend their expertise to the case.
If the cyclist was partially at fault, but it is determined that the motorist bore greater responsibility, the cyclist can still pursue monetary damages by filing a personal injury claim, and vice versa. However, Florida’s modified comparative negligence standard says that a plaintiff who is more at fault than a defendant cannot recover damages from the defendant.
Steps To TakeFollowing A Bicycle Accident
Becoming injured in an accident, either as a motorist or as a bicyclist, can be frightening. Understanding the steps to take after an accident can make the aftermath a bit less confusing. It can also strengthen your legal rights if you decide to file a claim for damages.
- After moving to safety, contact law enforcement right away. This will ensure both that injured parties receive prompt medical treatment and that a police report/accident report will be created to document the accident.
- If you can do so safely, it can help to take photos or videos of the accident scene and of your injuries, using your phone. Try to capture involved vehicles and their license plates and applicable traffic signs.
- Exchange contact information with the other party, and capture names/contact information for anyone who may have witnessed the accident. Their statements can be valuable later, should you decide to pursue a claim for compensation.
- Seek medical care right away. This is important even if you don’t feel like you were seriously injured. Some injuries may not be readily apparent; a licensed medical professional can evaluate you and order tests as appropriate to determine whether you suffered any injuries.
- Keep copies of all medical documentation, and be sure to follow treatment plans.
- Consult with an experienced bike accident law firm who can help you understand your rights, and your options for pursuing compensation. Remember that you may have the right to pursue compensation as an injured cyclist or as a motorist who was injured in an accident with a bicycle.
The Advantages Of HiringScott Marshall Injury Attorneys
Medical bills, lost wages, and other expenses related to bicycle accidents can add up quickly. Seeking skilled legal counsel after your injury is an important step in preserving your rights. Your attorney can also be invaluable in answering your questions and helping you understand your options, so you can make more informed decisions about how to proceed.
The legal team at Scott Marshall Injury Attorneys has been helping injured bicycle accident victims since 1997. We understand what you are going through, and we are committed to helping clients navigate the personal injury claims process — regardless of the ease or complexity of the case.
When you choose to work with Scott Marshall Injury Attorneys, you will have a dedicated legal advocate in your corner, fighting for full and fair compensation for your losses. Your lawyer will handle all negotiations and communications with the other party, so you can focus on healing. We are never too busy to answer your questions and make sure you understand the process.
Legal Timelines AndStatutory Limitations
In most cases, victims injured in a bicycle accident have up to two years from the date of the accident in which to recover damages (under changes signed into Florida law in March 2023). While rushing out to speak to an attorney is likely not the first thing you want to do after suffering an injury from a bicycle crash, it is important that you don’t wait too long to seek legal advice. Waiting too long could mean you are barred from seeking compensation. Talking to an experienced lawyer can help you understand your rights and options and can help you protect those rights.
Schedule Your FreeCase Evaluation Today
If you were injured in a motor vehicle/bicycle accident, you may be entitled to compensation for your injuries. Likewise, if a family member was killed in such a collision, you may be entitled to financial compensation. While no amount of compensation can reverse time and make the accident a non-event, a financial settlement could provide the funds to pay for medical expenses, make up for lost income, pay for damaged personal property, and compensate you for pain and suffering.
Contact the experienced legal professionals at Scott Marshall Injury Attorneys today. By scheduling a free consultation with a compassionate bicycle accident lawyer in Florida, you will be taking the first step toward pursuing justice. Whether you choose to meet with an attorney in Clearwater, Tampa, Miami, Orlando, or another convenient South Florida location, you can be confident we are committed to helping clients obtain full and fair settlements for their losses.
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