Riding a bicycle around town is a great way to get exercise, enjoy fresh air, and help keep pollutants at a minimum. However, with the enjoyment of a leisurely bike ride, there also comes the risk of injury. This is especially true when motor vehicle drivers don’t share the road responsibly with cyclists. If a negligent driver caused your harm, a Melbourne bicycle accident attorney can help.
You should not have to shoulder the collision’s expenses alone. We’ll seek fair compensation for the losses you’ve suffered. With the help of a Melbourne personal injury lawyer from Anidjar & Levine, you can recover from your injuries while we undertake your legal burdens. Contact us today for a free review of your case.
Common Causes of Bicycle Accidents in Melbourne
Regardless of how your accident occurred, our legal team wants to hear from you. Your Melbourne bicycle accident lawyer will be tasked with determining how the collision occurred, all possible liable parties, and pursuing the cost of your expenses from the liable party.
Some factors that may have contributed to your injuries include:
- Inattentive Driving. This is also referred to as “distracted driving.” If you were struck by a motorist who was texting or otherwise not focused on the road, they could be held responsible for your injuries.
- Speeding. Drivers who speed are given less time to react when a hazard or change in traffic arises. Your lawyer can review the police report made at the accident scene to determine if speeding played a role in the collision.
- Low Visibility. Bicycles are harder to see than a car, which can lead to an accident. Motorists must uphold their duty of care by keeping an eye on the road, no matter what.
Whatever the cause is for your bicycle accident, a Melbourne bicycle accident lawyer can walk you through the process of recovering compensation.
Proving Negligence in a Melbourne Bicycle Accident Case
To recover compensation after a bicycle accident in Melbourne, you generally need to prove that another party’s negligence caused your injuries. This requires establishing four key legal elements. Here’s how each applies to a typical bicycle accident case:
Duty of Care: Drivers, cyclists, and even pedestrians all share the roads and have a legal responsibility to act with reasonable care. In Melbourne, this means drivers must obey traffic laws, stay alert for cyclists, and safely share spaces like the Eau Gallie Boulevard or bike lanes near Downtown.
- Breach of Duty: A person breaches their duty of care when they fail to act responsibly or violate traffic laws, creating an unsafe situation for others.For example, a driver fails to check their blind spot and swerves into a cyclist on Wickham Road, or a motorist runs a red light near Florida Tech, striking a bicyclist crossing legally at the intersection.
- Causation: You must show that the other party’s breach of duty directly caused your injuries. In other words, your accident wouldn’t have happened if not for their negligent actions.For example, if a distracted driver drifts into the bike lane and hits a cyclist, the driver’s negligence clearly caused the crash and resulting injuries.
- Damages: Finally, you must demonstrate that you suffered actual losses as a result of the accident — these can be physical, emotional, or financial.
How We Help Prove Negligence
Our Melbourne bicycle accident lawyer investigates every detail to establish these four elements, building the strongest possible case. From gathering witness statements and police reports to working with experts, we fight to hold negligent parties accountable and pursue the full compensation you deserve.
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Recovering Compensation After a Bicycle Accident
Laws are designed to protect you when you get injured in a bicycle accident on the road. While your insurance may be able to defray some of the resulting costs, a personal injury claim allows you to pursue compensation for additional items not covered by your insurer.
A Melbourne bicycle accident lawyer can help you seek financial recovery for the following damages:
- Medical care and expenses
- Assistive devices, such as a wheelchair or crutches
- Lost wages and reduced earning capability
- Permanent disability
- Disfigurement
- Dismemberment
- Pain and suffering and inconvenience
How Much Compensation Can I Expect to Receive After a Bike Accident?
The compensation you receive after a bicycle accident in Melbourne, FL, is influenced by several factors. The determination of damages—both economic and non-economic—can vary significantly based on the specifics of the case. Here are key factors that influence compensation:
- Severity of Injuries: The more severe the injuries, the higher the potential compensation. This includes both immediate and long-term medical needs, rehabilitation costs, and any long-term care or medical equipment required.
- Medical Bills: Compensation typically covers past, present, and future medical expenses related to the injuries sustained in the accident. This can include hospital stays, surgeries, medications, physical therapy, and any other medical treatments.
- Lost Wages and Earning Capacity: If the injury results in time away from work, the injured party can be compensated for lost wages. If the injury affects the person’s ability to work in the future, compensation may also cover loss of earning capacity.
- Pain and Suffering: Compensation for non-economic damages addresses the bodily injury and psychological anguish caused by the accident. The calculation of pain and suffering can be complex and often depends on the severity of the injuries and their impact on the individual’s daily life.
- Property Damage: If the bicycle or other personal property was damaged in the accident, compensation could include the cost of repair or replacement.
- Contributory Negligence: Florida follows a comparative negligence system. If the injured party is found to be partially at fault for the accident, the compensation can be reduced by their percentage of fault.
- Insurance Coverage: The available insurance coverage of both the injured party and the at-fault party plays a significant role in the compensation. This includes the limits of the insurance policy and whether the at-fault party is uninsured or underinsured.
Each bicycle accident case is unique, and the compensation will depend on the specific circumstances surrounding the accident. A bicycle accident attorney from Anidjar & Levine will pursue the maximum compensation you are entitled to.
You Have a Deadline to File a Lawsuit for Compensation After a Bicycle Accident in Florida
You may not be able to reach an out-of-court agreement with the at-fault party. When this happens, you have the option of filing a lawsuit and taking your case to court.
Under Florida Statutes § 95.11, you generally have two years from the date of the accident to file your personal injury lawsuit. Otherwise, you risk forfeiting your right to compensation through the court system.
Your lawyer will ensure that all deadlines are met so you don’t miss out on the compensation you deserve after your bicycle accident.
Call Our Melbourne Bicycle Accident Attorneys Today
At Anidjar & Levine, our team is ready to start your Melbourne or Brevard County case today. We understand that you may be experiencing many different types of emotions as you recover from your injuries. You may be confused about how to initiate legal action or frustrated by the limitations your injuries have placed on your life. Our goal is to alleviate those stressors by seeking compensation for your losses.
To get started with a free initial consultation from a member of our team, contact us today. We Can Help.
