A truck, bus or a car strikes your bicycle, causing serious injuries. You may get compensation from the driver of the vehicle.
Establishing Liability for Injuries You Suffer in a Bicycle Accident
To recover compensation for your injuries in a bicycle accident, our attorneys must show the liability of the driver of the vehicle that struck your bicycle.
Proving Liability of the Driver Whose Vehicle Struck Your Bicycle
Motorists owe you a duty to drive safely and to obey the rules of the road. When a driver violates this duty, his or her vehicle hits your bicycle, and causes your injury; the driver can be liable.
What actions by the driver can result in his or her liability?
- The driver is exceeding the speed limit.
- The driver runs a red light or stop sign.
- The driver swerves into a bicycle lane or your bike as you ride on the side of the road.
- The driver is impaired because of the use of alcohol, drugs, or prescription medication.
- The driver is not watching the road ahead.
Impact of Your Fault for a Bicycle Accident
You may be partly at fault for the bicycle accident. How can you be at fault?
- You fail to stop at a stop sign, fail to obey a traffic light, or fail to yield the right of way.
- You ride your bicycle into the vehicle’s path.
- You fail to ride in a bicycle lane or near the right curb.
- You fail to have a lamp on the front of your bicycle or a lamp and reflector on the back of your bicycle.
In Florida, your fault will not prevent your recovery, even if it is more than 50 percent. Your fault will only reduce the amount of your recovery. In Florida, you must wear a helmet while riding a bicycle if you are less than 16 years old. The driver of the vehicle that struck you cannot use the fact that you were not wearing a helmet to show you were at fault for the accident.
Gathering Evidence to Prove Liability for a Bicycle Accident
What can our attorneys do to prove the liability of the driver who struck your bicycle?
- We will visit the scene of the accident to look for skid marks and become familiar with the features of the road.
- We will get any footage from a traffic camera or surveillance camera of the accident.
- We will interview any witnesses to the accident.
- We will read the police report. A police officer’s conclusion as to fault is not conclusive. We will investigate the accident and make our conclusion.
- We will get cell phone records to see if the driver was texting or on the phone at the time of the bicycle accident.
- We will get the results of any breath or blood alcohol tests on the driver.
If you suffered injuries in a bicycle accident, contact a bicycle accident lawyer at the Law Offices of Anidjar & Levine.
Getting Compensation for Your Injuries in a Bicycle Accident
In addition to proving the liability of the driver who struck your bicycle, our attorneys must prove you suffered a new injury or aggravated an old injury as a result of the bicycle accident.
Injuries You Can Suffer in a Bicycle Accident
You can suffer serious injuries in a bicycle accident. You have no protection for your body. You may or may not be wearing a helmet.
- Head injuries: Your head may strike the pavement, resulting in a traumatic brain injury.
- Broken bones: You can suffer a broken clavicle (collarbone), leg, arm, elbow, or wrist.
- Neck or back injury: You can experience an injury to your neck or back, resulting in paralysis.
- Facial injuries: You can suffer an eye, ear, jaw, or dental injury.
If you suffer an injury in a bicycle accident, contact a bicycle accident lawyer at the Law Offices of Anidjar & Levine for help. You have four years to file a personal injury suit in Florida, but the sooner you call, the quicker our attorneys can start working on getting you compensation for your injuries.
Insurance Considerations for Your Injuries in a Bicycle Accident
Florida requires drivers to buy Personal Injury Protection (PIP) coverage of $10,000. Your PIP coverage applies if you suffer an injury while riding a bicycle. Your PIP coverage will cover your medical expenses and loss of wages up to the limit. If you suffer serious injuries, you can proceed outside of your PIP coverage.
Compensation That You Can Get for Your Injuries in a Bicycle Accident
The following lists potential damages you may be compensated for:
- Medical expenses, including the cost of long-term care if you suffer a catastrophic injury
- Lost wages
- Lost earning capacity
- Compensation for pain and suffering
- Punitive damages, damages intended to punish the at-fault party
Proving Your Damages in a Bicycle Accident
Your bicycle accident attorney serving Margate, FL, may do the following to prove your damages:
- Our attorneys will review your medical records and talk to your doctor about the extent of your injury and your ability to return to work.
- We will speak to a vocational expert to determine what jobs you can perform after the accident.
- We will get your employment records to determine how much money you would have earned had you not suffered an injury. We will consult an economist to put a value on your lost earning capacity.
- We will consider the severity of the injury and talk to you, family members, and your health care providers to determine the amount of pain you suffered.
Our attorneys will work to reach a settlement that compensates you fairly for your injuries. If we cannot settle, we can take your case to court.
If you suffered an injury in a bicycle accident, call a bicycle accident lawyer in Margate, FL, at the Law Offices of Anidjar & Levine at 1-800-747-3733 for a free consultation.
We Can Help.