Annual Medical Costs Related to Bicycle Accidents Soar Into the Billions

Bicycle accidents are on the riseA study published this week in the journal, Injury Prevention, estimates that from 1997 to 2013, the medical costs for non-fatal bicycle crashes involving adults increased by an average of $789 million each year. In 2013 alone, total costs were $24.4 billion — about double the amount for all occupational illnesses, the researchers wrote. Those figures cover emergency transport, hospital charges, rehabilitation, nursing home stays, the cost of lost work, and quality of life, among other things.

The rising costs can be partially explained by how bike crashes have changed in recent years, according to Thomas W. Gaither, one of the study’s authors. In the past, there were many “non-street” incidents, but these days most involving adults are crashes with motor vehicles. In 1997, 46 percent of injuries occurred on a street, while in 2014, nearly 67 percent did. This increases, “the velocity of the crash impact and, as a result, the severity of the injury,” Gaither explained. He and the other researchers also suggested that, “streets might also predispose to more injuries due to the coexisting environment with urban areas, increased population density, or the presence of more unyielding street furniture” (meaning things such as telephone polls, fire hydrants, parking meters, and the like).

Despite the bad news about the medical and cost consequences, the researchers said they still thought cycling’s health benefits outweighed its risks. But they concluded the study findings show that there should be a policy focus on injury prevention, adding that better design of roadway infrastructure, and even of bikes and cars, might be in order.

Legal rights are affected by an accident, and it is in your best interest to have a knowledgeable attorney review the facts of your case before you decide what course of action to pursue. An attorney can negotiate a replacement bicycle and/or compensation for damage to your bicycle, and negotiate a bodily injury settlement with the insurance company that takes into account all of your damages, including your pain and suffering. You can learn about all your legal rights and speak directly with an attorney for a free consultation with Hicks & Motto.

Here’s a quick list of what to do in case of a bicycle accident:

  1. Check yourself – do a cursory and visual search of your person to determine if you have sustained any injuries that need immediate attention. If necessary, call an ambulance. Do not be a hero!
  2. Assist the injured – check with each person involved in the accident to see if they have been hurt. If necessary, call an ambulance.
  3. Call the Police!
  4. Gather as much information as you can – take pictures of the scene; document the make, model, and license plate of the offending vehicle; gather the vehicle’s driver information including name, address, phone number, license number, and insurance information.
  5. Do not admit fault – your comments made in the tension and excitement of the moment may not be accurate! Wait for all the facts, and consult an attorney before admitting to responsibility, especially if you received a traffic ticket.
  6. Obtain witness information – write down the names and addresses of all the witnesses or involved parties to your accident. Don’t forget any passengers of the vehicles. Ask the witnesses what they observed.
  7. See a doctor – serious injuries do not always show immediate symptoms. It is smart to have your doctor or an emergency room doctor examine you as soon as possible. With the recent PIP law changes, you need to see a Medical Doctor within the first 14 days after your accident.
  8. Bicycle Repair – take you bicycle to a reputable shop with skilled mechanics to evaluate the damage.
  9. Tickets – don’t admit fault even if you are given a citation. The police officer is only giving his or her opinion of what happened. The ticket itself does not affect your case.
  10. CALL HICKS & MOTTO – Be sure after your accident you contact your law firm right away. A lawyer can give you advice, and help you through the process whether you are at fault or not.

Is There Insurance Coverage If I Am Injured By or Riding In Uber or Lyft?

So, you decide to use Uber because it is easier or safer. Maybe you use Lyft for a ride. But what happens if your Uber or Lyft ride becomes an auto accident in Florida?

Uber, and its similarly operated competitor Lyft, allow smartphone users to digitally request rides from drivers who operate their own cars. Riders pay for the travel by credit card though the company’s app. Uber, Lyft, and other Transportation Network Companies (TNC) are revolutionizing the way people travel. But one thing hasn’t changed – people get seriously injured in car accidents all over the state of Florida. And when good folks get injured in an Uber or Lyft crash, they should talk to an attorney skilled in handling personal injury claims as soon as possible.

The absence of adequate insurance for drivers of an Uber or Lyft has generated controversy. The politicians and the public wanted to know who would be responsible when:

  • An Uber or Lyft car injured another driver, motorcyclist, pedestrian, passenger, or bicyclist.
  • A passenger in a Lyft or Uber car was injured as the result of the negligence of an uninsured or underinsured driver.
  • A Lyft or Uber driver was injured by an uninsured driver.
  • An Uber or Lyft car injured another driver, motorcyclist, pedestrian, passenger, or bicyclist while awaiting a ride.

These ride-sharing companies answered the question by promising that they had insurance coverage with one million dollar ($1,000,000) insurance policy limits. Uber and Lyft promised that if one of their “Partners” (read Drivers) injured another driver, pedestrian, or motorist while they were “on the clock,” then the Uber driver was covered for one million dollars ($1,000,000).

They also promised that if an Uber or Lyft customer was injured due to the negligence of an uninsured motorist, then Uber and Lyft have one million dollars ($1,000,000) in uninsured or underinsured motorist insurance coverage. In other words, the Uber or Lyft passenger with personal injuries as a result of an accident with someone who did not have car insurance, or not enough car insurance, would have one million dollars ($1,000,000) in insurance available to compensate them for injuries and damages.

But the question of PIP, or Personal Injury Protection, benefits has not been resolved. It is fairly certain that the Uber or Lyft driver’s personal automobile policy would deny coverage. Most auto policies exclude coverage when its insured driver is using the insured vehicle for a commercial purpose like driving for Uber or Lyft unless the insurance company knows about it in advance, which is commonly referred to as a livery exclusion. If the insurance company knows that the insured person or vehicle is driving for Lyft or Uber, then they can offer the correct policy of insurance and charge an appropriate premium.

On May 9, 2017, Governor Rick Scott signed into law House Bill 221, which will take effect July 1, 2017.

HB 221 sets various levels of insurance that either the ride-hailing company or driver’s personal policy must provide as drivers turn apps off and on, and transition from regular civilians to the ride job. That way, if a driver is involved in an accident in the period after logging into the app but before accepting a ride, the driver will have insurance coverage. Similarly, the driver will also have coverage during the period after the driver has dropped off a rider and before the next ride.

If you are interested in becoming, or already are, a driver for Uber or Lyft, please review your insurance coverage immediately. A new coverage, commonly called Rideshare, extends your personal auto insurance coverage through Periods 0 and 1 as shown below. Your full Rideshare coverage ends when you accept a ride request in the app (Period 2). When you drop off the passenger at their destination, Rideshare coverage once again applies while you are still logged into the app and until you accept your next ride request. Although this does reflect an increase in costs to the driver, it can be considerably cheaper than buying a commercial policy.

Rideshare coverage

Our attorneys closely watch the law as it develops in the area of Uber or Lyft car injury crashes. If you were injured by an Uber or Lyft driver, seek appropriate emergency medical treatment, and then contact Hicks & Motto, P.A

PIP Rates Rise Despite Reform

PIP, or Personal Injury Protection, is a mandatory portion in all Florida automobile insurance policies, providing up to $10,000 in no-fault medical and lost wage benefits to a person who has been injured in an auto accident. In 2012, the Florida Legislature, along with Governor Rick Scott, made it a top priority to help automobile insurance companies reduce the benefits they were obligated to pay to an injured person after an auto accident. The automobile insurance carriers, along with Governor Scott, promised reduced rates and significant premium cost savings to Florida drivers as a result of the PIP reforms and a dramatic reduction in benefits.

Monday was the deadline for automobile insurers to file their 2013 rates with the state, and unfortunately for the citizens of Florida, half of the early filings approved by regulators show an increase in PIP rates up to 26.3 percent. Hicks & Motto has a dedicated team of PIP attorneys and support staff standing up to these automobile insurance carriers by seeking justice for consumers, and ensuring PIP automobile insurance carriers pay the appropriate benefits.


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