Many municipalities and counties recognize the need to protect cyclists on our roadways, whether they ride for pleasure, affordability, or commuting in urban environments promoting environmental impacts. Bicycle lanes are becoming a crucial part of roadway planning.
However, bicyclists are more exposed and less visible to drivers, making them more likely to suffer serious injuries in traffic accidents.
The National Highway Traffic Safety Administration noted 818 bicycling-related fatalities and 45,000 injuries from bicycle/automobile crashes in its most recent stats. Year after year, the majority of these accidents are caused by negligent drivers.
Florida laws protect cyclists injured by negligent motorists. Under Florida’s Uniform Traffic Control Law, bicycles are treated as vehicles and riders as other “drivers.” In any circumstance where a motorist shares the road with a cyclist, the driver must exercise “due care” to avoid colliding with any pedestrian or cyclist. At-fault drivers may be liable for damages for any injury proximately caused by their negligence.
Please contact us for a free personal injury consultation – the great disparity between damage to an automobile and the injury to the cyclist is often exponential and involves grievous injury. It is our passion for helping the injured that results in fair and just outcomes.
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You may have a bicycle accident case if a driver, property owner, business, government entity, product manufacturer, or another party acted negligently and caused your injuries.
When reviewing a potential bicycle accident claim, we consider:
Florida generally gives bicyclists the rights and duties applicable to other vehicle operators, subject to bicycle-specific rules. Drivers must also follow requirements governing the safe passing of bicycles and other nonmotorized vehicles.
Common bicycle accidents involve drivers who fail to yield, turn across a cyclist’s path, open a vehicle door, pass without enough space, drive distracted, or fail to check for cyclists before entering traffic.
The value of a bicycle accident case generally cannot be determined at the beginning. The potential value depends on the injuries, medical treatment, financial losses, available evidence, degree of fault, and insurance coverage.
Factors that may affect the value include:
Bicycle accidents can cause serious injuries requiring surgery, rehabilitation, or long-term care. An early settlement offer may not reflect future treatment, permanent limitations, or the full effect of the injuries on your work and daily life.
Many Florida bicycle accident lawsuits based on negligence generally must be filed within two years of the accident. Different deadlines or notice requirements may apply depending on when the incident occurred, the type of claim, and the parties involved.
The applicable deadline may be affected by:
You should not wait until the deadline approaches. Surveillance footage may be erased, vehicles and bicycles may be repaired, roadway conditions may change, and witnesses may become difficult to locate.
You may still be able to recover compensation if you were partially responsible for the accident.
Florida follows a modified comparative negligence system in many negligence cases. Your compensation may be reduced according to your percentage of responsibility. However, a person found to be more than 50% at fault generally cannot recover damages in a claim governed by the statute.
For example, if your damages total $100,000 and you are found 20% responsible, your potential recovery may be reduced to $80,000.
The insurance company may argue that the bicyclist:
Bicyclists have traffic-related responsibilities under Florida law, but an alleged violation does not automatically establish complete responsibility for an accident. Photographs, video footage, witness statements, vehicle damage, bicycle damage, traffic-control information, and accident reconstruction evidence may help determine fault.
You should be cautious about speaking with the driver’s or another responsible party’s insurance company before obtaining legal advice.
The adverse insurer represents its policyholder and protects its own financial interests. An adjuster may ask you to:
Statements made shortly after the accident may later be used to place more fault on you, dispute the cause of your injuries, or minimize their severity.
You may have separate duties involving your own auto or health insurer, depending on the circumstances and applicable coverage. Before providing a recorded statement or signing documents, make sure you understand who is requesting the information and how it may affect your claim.
Many bicycle accident injury claims are handled on a contingency-fee basis. This generally means the lawyer receives an agreed percentage of the compensation recovered through a settlement or verdict.
If there is no recovery, no attorney’s fee is generally owed under the contingency agreement. However, attorney’s fees and case expenses are separate.
Potential expenses may include:
The written fee agreement should explain the percentage charged, how expenses are handled, and whether the client could be responsible for any costs if compensation is not recovered.
Do not accept a bicycle accident settlement or sign a release until you understand the full extent of your injuries, future medical needs, financial losses, and available insurance coverage.
Before accepting an offer, consider:
Once a settlement is accepted and a release is signed, the covered claim generally cannot be reopened merely because your condition worsens or you later need additional treatment.
There is no fixed timeline for every bicycle accident case. Some claims may resolve within several months, while serious, disputed, or litigated cases can take much longer.
The timeline may depend on:
Settling before the full medical and financial impact of the injuries is understood may result in compensation that does not adequately address future losses.
The damages available depend on the nature of your injuries, financial losses, available evidence, insurance coverage, and degree of responsibility.
A bicycle accident claim may include compensation for:
Economic damages compensate for measurable losses such as medical bills, lost earnings, and damaged property. Non-economic damages address the personal effects of the injuries, including pain, emotional suffering, and reduced quality of life.
The amount claimed must be supported by medical records, employment information, receipts, repair estimates, expert opinions, photographs, and other evidence.
Most bicycle accident claims are resolved without a trial, but settlement is not guaranteed.
A case may proceed toward trial when:
Even when settlement appears likely, the case should be investigated and prepared as though it may go to trial. Thorough preparation may strengthen negotiations and ensure the evidence is ready if a fair settlement cannot be reached.
Hicks & Motto is a trusted Florida personal injury law firm helping accident victims recover compensation for medical expenses, lost wages, and pain & suffering.
Hicks & Motto
3601 PGA Blvd., Suite 200,
Palm Beach Gardens, FL 33410
Phone: (561) 250-8213
Fax: (561) 697-3852
Email Us @ info@hmelawfirm.com
