Bicyclists have a right to safety while traveling along public roadways. But when other drivers don’t respect your space, you could experience life-threatening injuries. Following the crash, you may sacrifice time away from your family and work to recover from your injuries.
A Tampa, FL, bicycle accident lawyer can handle your bicycle crash if a negligent party is responsible for your injuries. As our firm investigates your accident, we aim to determine fair compensation, negotiate an insurance settlement, and protect your rights.
Common Injuries in Bike Crashes
Depending on the weight and speed of the vehicle that hit you, you could sustain severe to catastrophic injuries. Bike-collision injuries can include:
- Broken bones
- Road rash
- Brain injuries
- Traumatic brain injuries
- Internal organ damage
- Chest injuries
- Loss of limbs
- Spinal cord injuries
- Soft tissue damage
- Eye injuries
- Joint injuries
After suffering bicycle crash injuries, seek medical attention immediately. You’ll be able to get a diagnosis to prevent over-looked injuries from turning fatal, and you’ll also have evidence of your injuries from the collision.
Negligent Actions You Can Sue the Liable Parties For
A negligent driver is one of the most common parties responsible for bike collisions. Some forms of a driver’s negligence that may have caused your accident include, but are not limited to:
- Motorists driving in bicycle lanes.
- Drunk driving.
- Distracted driving.
- Texting while driving.
- Reckless driving.
- Fatigued driving.
Aside from incidents with motor vehicles, bicycle accidents may also occur from a defective part in the bike. Additional causes could be conditions on the road, such as potholes, barricades, construction equipment, and traffic hazards.
If you or a loved one in Tampa has been injured during a bicycle accident, a Tampa bicycle accident lawyer could fight for justice and fair compensation on your behalf.
Filing a Bicycle Accident Personal Injury Lawsuit in Tampa
According to Florida Statutes § 95.11, you must submit a personal injury lawsuit within four years from the accident date. The earlier you file, the better your chances are of recovering maximum compensation for your injuries.
Our Tampa personal injury attorneys can help you know how much time you have to file your claim. We can also tell you if you qualify for an extension and help you with the paperwork. By knowing when to file, you’ll meet the deadline to be eligible for compensation.
If you miss the deadline, you won’t be able to recover any damages. If this happens, you’ll be stuck paying for all your accident-related costs, making your financial situation more difficult.
Obtaining Evidence That Builds Your Bicycle Accident Case
Many forms of evidence can help build your bicycle crash case against the defendant to prove their negligence. Photographs of multiple aspects of the crash are one of the most useful forms of evidence when filing a personal injury claim or dealing with the insurance adjuster.
Some especially helpful pictures are of your injury, the property damage, the defendant’s insurance information, and the accident scene. If you cannot secure photographs after the crash, your Tampa bicycle accident lawyer might still be able to obtain this evidence.
A police report is also valuable evidence in almost every type of injury claim. Police reports are important because they typically list the at-fault party in the document, which can help support your compensation claim. Other forms of evidence include eyewitness testimony and surveillance video.
Recovering Financial Compensation for Your Bicycle Collision in Tampa
Before your Tampa bicycle accident attorney can negotiate a fair settlement with the at-fault and liable party’s insurance company, we must determine your eligible compensation.
To do so, we’ll review your recoverable damages from the bicycle accident, including all of your out-of-pocket expenses and losses you have suffered. Once we have identified these damages with evidence that proves their existence, we can begin to monetize them and combine their values. This total figure will then represent compensation for your bicycle crash claim.
Some recoverable damages your case may include are, but are not limited to:
- Emergency transportation and medical treatment.
- Current and ongoing medical expenses.
- Hospital stay expenses.
- Transportation to doctor’s appointments.
- Expenses for prescription medication.
- Lost wages (current and future)
- Diminished earning capacity.
- Physical and psychological rehabilitation expenses.
- Property damages.
- Mental anguish.
- Pain and suffering.
- Punitive damages.
- Loss of enjoyment.
Every bicycle collision case is different; no set or predetermined financial figure can encompass your potential award. Depending on your unique bicycle crash and circumstances, your claim may include the above recoverable damages or only a few.
What Happens if I Share a Portion of the Fault in My Bike Accident?
Something to also consider is your amount of fault, if any, in causing the accident. If there is evidence against you that proves your shared fault, the defendant may only be obligated to compensate you for their percentage of fault, per Florida Statutes § 768.81.
For example, if you were 20% responsible for the accident, the negligent party would only have to pay you 80% of the damages. This could significantly decrease your settlement amount depending on its value.
Wrongful Death Damages
If a loved one in Tampa, FL, lost their life from a bicycle collision, your family can pursue a wrongful death claim against the at-fault party. According to Florida Statutes § 768.20, a personal representative of the deceased person’s estate must file the lawsuit to recover a financial award for their premature passing.
Recoverable damages from a wrongful death lawsuit may include, but are not limited to:
- Funeral expenses
- Cremation
- Loss of a parental figure
- Lost financial protection
- Loss of consortium
- Loss of companionship
To file a wrongful death lawsuit in Florida, you must do so within the statute of limitations. A family representative has up to two years to file the lawsuit following their loved one’s death.
Contact Us Today for a Free Consultation Concerning Your Bicycle Crash in Tampa
The sooner you act, the sooner a Tampa, FL, bicycle accident lawyer from the Law Offices of Anidjar & Levine can begin to build your legal case for compensation. If you or a loved one is struggling financially or physically after a bicycle accident caused by someone else’s action or inaction, you deserve justice.
Call us or fill out the contact form on our website to schedule a free case consultation. We’ll review your injuries, tell you if you have a case, and stand up for your rights to compensation.
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