Bicyclists have a right to their safety while traveling along public roadways. When bicyclic accidents occur, they may cause victims to experience life-threatening injuries or even a premature death. Following their accident, victims may sacrifice time away from their family and their work to recover from their injuries.
In the event that someone else’s carelessness or negligence caused your recent bicycle accident, you may be able to take legal action to recover financial compensation for your injuries and damages. Even while the Florida Department of Transportation (FDOT) states that bicycle lanes must be at least 4 feet wide along Florida’s State Highways, negligent drivers may ignore these designated areas.
Holding an at-fault and liable party responsible for your injuries and damages may require a thorough investigation into your bicycle accident in Tampa. At the Law Offices of Anidjar & Levine, a Tampa bicycle accident lawyer may be able to handle your legal fight for compensation on your behalf. As our firm investigates your accident, we will aim to determine fair compensation, negotiate an insurance settlement, protect your rights, and do much more throughout the legal process.
Contact us today at (800) 747-3733 to begin a free consultation for your bicycle accident in Tampa.
Earning Financial Compensation for Your Bicycle Accident 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 how much compensation you are entitled to.
In order to do so, we must review all of your recoverable damages from the bicycle accident, which will include all of your out-of-pocket expenses and losses you have withstood. 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 accident 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
- Replacement of damaged property
- Pain and suffering
- Punitive damages
- Loss of enjoyment
Because every bicycle accident case is different, there is no set or predetermined financial figure that can encompass your potential award. Depending on your unique bicycle accident and the circumstances surrounding it, your claim may include all of the above recoverable damages or only a select few.
Something to also consider is your personal 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.
Wrongful Death Damages
If a loved one in Tampa, FL lost their life from a bicycle accident, 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
- Loss of a parental figure
- Lost financial protection
- Loss of consortium
- Loss of companionship
In order to file a wrongful death lawsuit in Florida, it must be done so within the statute of limitations. As stated under Florida Statutes § 95.11, a family representative has up to two years to file the lawsuit following their loved one’s death.
For a free legal consultation with a bicycle accidents lawyer serving Tampa, 800-747-3733
Potential Causes of and Injuries from Your Bicycle Accident
Bicycle accidents often occur from collisions between a bicyclist and a motor vehicle. According to the National Highway Traffic Safety Administration (NHTSA), a total of 857 bicyclists were killed in traffic accidents in 2018. The NHTSA also found that Florida experienced the most fatal bike crashes in any state in 2017, with 125 cases.
Aside from incidents with motor vehicles, bicycle accidents may also occur from a defective part in the bike. Additional causes may result from conditions on the roadway, such as with potholes, barricades, construction equipment, and other hazards.
Negligent behaviors may also be behind your bicycle accident in Tampa. Some forms of negligence that may have caused your accident include, but are not limited to:
- Motorists driving in bicycle lanes
- Driving while under the influence of alcohol or drugs
- Distracted driving
- Texting while driving
- Reckless driving
- Fatigued driving
If you or a loved one in Tampa has been injured during a bicycle accident, a Tampa bicycle accident lawyer may be able to fight for justice and fair compensation on your behalf. To learn more, call the Law Offices of Anidjar & Levine today at (800) 747-3733.
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Obtaining Evidence That Builds Your Bicycle Accident Case
There are many forms of evidence that can help build your bicycle accident case against the defendant. If you have already taken photographs after the accident, these may be proven useful during an insurance settlement or a personal injury lawsuit.
Some types of pictures that are especially helpful are of your injury, the property damage, the defendant’s insurance information, and the accident scene. If you were unable to secure photographs after the accident, your bicycle accident lawyer may still be able to obtain this evidence.
A police report is also a chief piece of evidence in almost every type of accident claim. Police reports are important because they typically list the at-fault party in the document, which can help support your claim for compensation.
Other forms of evidence include eye-witness testimony and surveillance video. Ultimately, your evidence must prove that the defendant was at-fault and that they acted carelessly or negligently.
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Filing a Bicycle Accident Personal Injury Lawsuit in Tampa
After any failed attempts at settling your bicycle accident claim out-of-court with an insurance company, your bicycle accident lawyer in Tampa may file a personal injury lawsuit against the defendant.
In Florida, personal injury lawsuits must typically be filed within four years from the date of your underlying accident, according to Florida Statutes § 95.11.
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Contact Us Today for a Free Consultation Concerning Your Bicycle Accident in Tampa
The sooner you act, the sooner a Tampa 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 that was caused by someone else’s action or inaction, you deserve justice.
Call us today at (800) 747-3733 to learn more about starting your legal battle following a bicycle accident in Tampa.
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