Although hit and runs are illegal in Florida, it remains a risk here in Punta Gorda. Drivers might escape from the scene of the crash despite grievously hurting someone. You might end up dealing with severe and costly injuries without knowing who is liable.
The Law Offices of Anidjar & Levine are always here to fight for the justice and reparations you deserve. The team’s Punta Gorda bicycle hit and run accident lawyer can assist you with your legal concerns until you recover your accident expenses. For a free case evaluation, call 1-800-747-3733.
Personal Coverages Can Help You
The no-fault accident laws in the Florida Statutes mean that you must first rely on your insurance policy regardless of whether the accident is a hit and run or not. If you carry personal injury protection or PIP coverage, it will cover injury-related expenses such as surgeries, medical tests, hospitalizations, and medications. You can also get compensated for the wages you lost while recovering from the crash.
Another coverage that can pay for your costs is underinsured/uninsured motorist or UIM insurance, which also works for hit and run accidents.
Actions Against the Driver
If you successfully identify the hit and run driver, you can file a third-party property damage liability claim with their insurance provider. It will help cover the cost of your bicycle repairs or replacements. These include suffering from bone fractures or disabilities due to the accident. Do keep in mind that injury liability coverage is only optional, unlike property damage liability. The at-fault motorist might not carry it.
You may have to file a lawsuit against the driver to receive injury-related costs. The civil court’s judge or jury will decide the receivable compensation, including non-economic damages, such as trauma and disfigurements.
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Comparative Fault May Still Apply in Bicycle Hit and Runs
Although the driver acted negligently by leaving you after the accident, you still may share some liability for the collision. Florida’s comparative negligence rule states that you can only recover a portion of your total damages based on the percentage of fault you have. Let us say that you went outside the bike lane while the motorist was texting while driving. The claims adjuster or jury then decides that you are 40% liable. If your damages amounted to $340,000, you would only get $204,000 or 60%.
You may still receive compensation even if you share more than half the fault in the accident. However, it would be best to collect all the evidence that you can. It can help reduce the blame placed on you, therefore increasing the damages you recover.
You can consult first with a lawyer before getting started on your hit and run claim. Contact the Law Offices of Anidjar & Levine at 1-800-747-3733 to learn more about your potential damages.
Why Consider Hiring a Hit and Run Attorney
A Punta Gorda bicycle hit and run accident lawyer can work with the authorities in identifying the liable driver’s identity. For example, they can review your proof to see if it is sufficient or not. You might have missed other evidence, like GoPro footage from other cyclists, which could determine who the hit and run culprit is. If you decide to bring matters to court, they can serve as your representative and present your case to the jury. They could also advise you on conducting yourself in court and what to say when you testify.
The attorney can still help you in other ways, even if you cannot find the motorist. For example, they can check if you followed the steps to file the claim. They can also help negotiate with the insurance provider.
Lawyers Know the Local Bicycle Accident Laws
The accident attorney will be familiar with the relevant laws in your case, so you do not have to study everything yourself. If the other side argues that you were not in your lane, the attorney can check the state bicycle regulations to determine if you were legally allowed to do so at the time. They can also investigate possible traffic violations, which could further prove the hit and run driver’s negligence, such as speeding or distracted driving.
Follow Your Case’s Deadline
You generally have a four-year time limit for filing your case, according to Florida Statutes §95.11, though this can be reduced to two years if the accident killed a loved one. Time is of the essence when forming your suit, as it will get dismissed if you miss your deadline. But there are times when your statute of limitations could get tolled. Suppose that you discover that the hit and run driver left Florida. Should that happen, the statute clock will resume once they return.
A Punta Gorda hit and run lawyer can check for tolling exceptions in your case to compute your deadline more accurately. Their help with the tasks can also ensure that you finish the work on time.
Get Legal Support Today
Punta Gorda cyclists have as much right to be on the road as other motorists do. They also have a right to seek compensation for their losses. But taking action by yourself can be a taxing ordeal, which is why the Law Offices of Anidjar & Levine offer their legal services to you. We can provide you with a Punta Gorda bicycle hit and run accident lawyer who will guide and represent you until you can settle successfully. Since we are a contingency fee-based law firm, our attorneys do not charge any fees unless we win.
For 15 years and counting, our legal team has worked on road accident claims and lawsuits in Punta Gorda and throughout the rest of Florida. Our other practice areas include defective products, slip and fall injuries, and bankruptcies. You can get started by calling us at 1-800-747-3733. Call today for a free consultation with a member of our team.
