Our attorneys have seen the extensive injuries and damage that can result in the wake of a bicycle accident. Bicycles are considered vehicles under Florida law, and cyclists are expected to follow the same rules of the road as other motorists; however, some motorists may fail to exercise a reasonable level of care when operating their vehicles.
They may neglect to share the road with others, which can put cyclists at risk for serious injury. At Morgan & Morgan, our bicycle accident attorneys have successfully represented injured bicyclists in cases against negligent drivers and insurance companies. We have helped accident victims recover compensation for injuries and property damage, and are committed to holding negligent motorists accountable for their actions.
If you have been involved in a bicycle accident, please fill out our no cost case review form today. A bicycle accident attorney will review your claim, at no cost to you.
How Can A Bicycle Accident Attorney Help?
Cases involving bicycle accidents can be as complex as traditional motor vehicle accident claims; therefore, it is important to hire an attorney to assist you following a crash. To help recover compensation for your losses, your attorney may:
- Gather witness statements;
- Review police and accident reports;
- Recreate the scene of the accident;
- Inspect and document any damage to the bike;
- Investigate the driving history of the alleged at-fault party; and
- Contact experts to analyze medical records and create reenactments of the accident to determine fault and causation.
Initial coverage will be paid for by the cyclists’ Personal Injury Protection (PIP) insurance if they own a car, or under the other party’s policy if the cyclist does not own a car. Given the severity of injuries that can result from a collision with a motor vehicle, payment under PIP insurance may not fully cover the cost of your injuries and damage. For these individuals, an attorney can:
- Complete necessary PIP steps and exhaust collection;
- Determine causation and fault; and
- File a lawsuit against a party negligent in causing your crash.
Why Morgan & Morgan?
Insurance companies are for-profit businesses which aim to protect their cash reserves, and it is likely they will try to find a way to refute your claim. The defendant’s attorney will have experts working to limit liability and show you were, at least, partially to blame.
Morgan & Morgan also has access to top experts in their respective fields and will work with these individuals to collect, analyze, and present evidence in the light most favorable to you. With these resources, our attorneys have developed a history of building strong cases against negligent drivers and collecting the compensation to which our clients were entitled.
Bicycle Accident Lawsuits
Negligence
Neither the cyclist nor the driver will want to take responsibility for the accident. Determining liability and causation will depend on the evidence your attorney has collected and his or her ability to present it favorably. Some common discrepancies in bicycle accident cases involve determining who had the right of way, failed to exercise reasonable care and violated traffic laws.
Successful bike accident lawsuits will show that:
- The opposing party failed to act in a reasonable manner and breached the duty each motorist owes one another;
- This breach caused the accident; and
- An injury was sustained in and caused by the accident.
Product Liability Claim
If a defect in the product contributed to the accident, you may have a claim against the manufacturer. In a negligence claim against a product manufacturer, your attorney will have to show:
- The defective bicycle or part was “unreasonably dangerous”;
- The bicycle was being operated as the manufacturer intended;
- The bicycle’s performance had not changed since its initial purchase.
Successful strict liability claims will require proof that the defect originated in the manufacturing process, and may require the testimony and analysis of experts.
Common Causes of Bicycle Accidents
Though there are a number of causes of bicycle accidents, these accidents can result from:
- Failure to yield the right of way;
- Failure to see bicyclists approaching an intersection;
- Running into or backing over cyclists;
- Failing to use turn signals;
- Failure to leave sufficient space;
- Running red lights or stop signs;
- Dooring, or opening a car door without checking the mirror(s) for cyclists;
- Failure to look both ways when turning or crossing an intersection;
- Aggressive or reckless driving; and
- Driving under the influence.
Bicycle Accident Injuries and Compensation
PIP insurance alone does not typically cover injuries such as:
- Contusions and concussions;
- Skull fractures;
- Brain injury;
- Spinal cord injury;
- Back injury;
- Broken bones;
- Broken neck;
- Paralysis; or
- Death.
If a cyclist has sustained a serious injury and PIP benefits have been exhausted, a lawsuit may seek to recover:
- Past and Future Medical Costs: This covers costs related to the diagnosis, treatment, and rehabilitation of the injury.
- Lost Wages: Potentially, if the injured can show their injury prohibited them from performing their job, compensation may be available.
- Pain and Suffering: This covers physical and mental anguish caused by the accident.
If you have been in a bicycle accident, you may have legal recourse. To see how our bicycle accident attorneys may be able to help you collect compensation, please fill out our case review form at no cost and no obligation to you.