How A Bicycle Accident Attorney In Fort Lauderdale Can Help
Our Fort Lauderdale personal injury lawyers at Rosen Injury Law understand the challenges that bicycle accident victims face. We provide comprehensive legal representation to ensure you receive the compensation you deserve. Our services include:
- Free Consultation: We offer a free consultation to discuss your case and provide legal advice.
- Thorough Investigation: We conduct a detailed investigation to gather evidence and build a strong case.
- Negotiation with Insurance Companies: We handle all communications with insurance companies to secure a fair settlement.
- Trial Representation: If necessary, we are prepared to take your case to trial to achieve the best possible outcome.
Rights and Duties of Bicycle Riders in Fort Lauderdale
Bicyclists are considered vehicle drivers under Florida law. Cyclists have all the rights and duties of vehicle drivers in Florida – they must obey traffic signals, travel in the direction of the flow of traffic, use headlamps at night, yield to pedestrians in crosswalks, and yield to other vehicles when entering the roadway from a parking lot, driveway, alleyway, or side street.
Florida law also includes rules that apply to bicycles specifically. Bicycle riders are required to use a bike lane if one is provided or to ride as close as practicable to the right where there is no bike lane. Important exceptions exist, however.
Cyclists can leave the bike lane or the right side when passing or turning left or when necessary to avoid a parked car or a hazard in the road. If riding in a substandard-width lane that cannot safely accommodate both a motor vehicle and a bicycle, the cyclist is fully entitled to occupy the lane by riding in the center.
Florida law requires bicycles to be equipped with a white headlamp and red rear reflector. Riders under 16 years old are required to wear a helmet.
How Fort Lauderdale Do Bicycle Accident Claims Work?
Riders face many hazards on the road from other drivers who pass too close and crowd them off the road or make left or right turns without noticing the presence of a cyclist either behind them or coming from the opposite direction. Florida law forbids drivers to pass a bicycle except at a “safe distance of not less than 3 feet,” but this law is routinely violated on crowded city streets by drivers who don’t respect the three feet for safety law or who are too distracted by their cell phones to notice they are passing a bicycle.
Cyclists using bike lanes or riding to the right also face the danger of getting “doored” when a vehicle occupant negligently opens their door into traffic. Getting doored can send a cyclist head over heels into traffic and cause catastrophic injuries.
Personal Injury Protection (PIP) Insurance
Injured bicyclists can use their Personal Injury Protection (PIP) insurance to get minimum no-fault benefits after a crash, assuming they own a covered vehicle or a member of their household does. Bike crash victims can also look to the other driver’s PIP coverage or their Uninsured Motorist coverage if necessary.
The problem with PIP benefits is that they only pay for 80% of medical expenses and 60% of lost wages, and only up to $10,000 on a basic policy. A bicycle accident victim is likely to have serious or catastrophic injuries that far exceed in cost what PIP coverage provides.
In the case of a serious injury, Florida law allows the victim to go beyond no-fault benefits and sue the negligent driver for the full amount of legal damages, including all medical bills and lost income, plus pain and suffering, scarring and disfigurement, loss in quality of life, etc.
Types of Compensation Available in Bicycle Accident Cases
In a bicycle accident injury case, victims may be entitled to various types of compensation, including:
Medical Expenses
Covering both current and future medical treatment related to the accident injuries.
Lost Wages
Compensation for the income lost due to the inability to work following the accident.
Pain and Suffering
Non-economic damages for the physical and emotional pain endured.
Property Damage
Reimbursement for damage to the bicycle and any other personal property.
Rehabilitation Costs
Compensation for ongoing rehabilitation and therapy needed for recovery.
Punitive Damages
In cases of extreme negligence, punitive damages may be awarded to punish the at-fault party.
Understanding Bicycle Accidents and Legal Claims
Bicycle accidents can be caused by various factors, including distracted driving, failure to yield, and poor road conditions. Understanding the common causes of bicycle crashes can help in building a strong legal case.
Our Fort Lauderdale bicycle accident lawyers are well-versed in Florida traffic laws and know how to investigate accident scenes to gather critical evidence.
Building a Strong Bicycle Accident Case
To successfully recover compensation in a bicycle accident case, it is important to build a strong case that proves the other driver’s negligence. This involves:
- Gathering Evidence: Collecting accident reports, witness statements, and photographs of the accident scene and injuries.
- Documenting Medical Treatment: Keeping detailed records of all medical treatment and expenses.
- Calculating Damages: Including current and future medical expenses, lost wages, and non-economic damages such as pain and suffering.
- Negotiating with Insurance Companies: Working with an experienced bicycle accident lawyer to negotiate a fair settlement with the insurance company.
The Importance of Bicycle Safety
Bicycle safety is paramount to reducing the risk of accidents and injuries. Some key safety tips for cyclists include:
- Wearing a Helmet: Helmets significantly reduce the risk of head injuries and traumatic brain injuries.
- Using Lights and Reflectors: Proper lighting and reflectors make cyclists more visible to drivers, especially at night.
- Obeying Traffic Laws: Cyclists should follow the same traffic laws as motor vehicles to ensure safe travel.
- Staying Alert: Being aware of your surroundings and anticipating the actions of drivers can help prevent accidents.
Steps to Take After a Bicycle Accident
01: Seek Medical Attention
Ensure you get medical treatment immediately after the accident, even if the injuries seem minor.
02: Document the Scene
Take photographs of the accident scene, your injuries, and any property damage.
03: Gather Information
Collect contact information from witnesses and the other party involved in the accident.
04: Report the Accident
File a police report to have an official record of the incident.
05: Consult a Lawyer
Contact a Fort Lauderdale bicycle accident lawyer to discuss your case and legal options.
Common Injuries in Bicycle Accidents
Bicycle accidents often result in serious injuries due to the lack of protection for cyclists. Some of the most common injuries include:
Traumatic Brain Injuries (TBI): Even with a helmet, cyclists can suffer serious head injuries. Speak to a Fort Lauderdale brain injury lawyer for more information.
Spinal Cord Injuries: These can result in partial or complete paralysis. Speak to a spinal cord injury lawyer in Fort Lauderdale today.
Broken Bones: Fractures are common in bike accidents, often requiring extensive medical treatment.
Soft Tissue Injuries: Including sprains, strains, and tears.
Internal Injuries, Such as internal bleeding or organ damage.
Road Rash: Severe skin abrasions caused by contact with the road surface.
Dental Injuries: Damage to teeth and gums.
Post-Traumatic Stress Disorder (PTSD): Psychological trauma following a serious accident.
The Importance of Seeking Medical Attention
After a bicycle accident, it is crucial to seek medical attention immediately, even if you do not think you are seriously injured. Some injuries, such as internal injuries or traumatic brain injuries, may not be immediately apparent but can have serious long-term consequences. Delaying medical treatment can also negatively impact your personal injury claim.
Common Causes of Bicycle Accidents
- Distracted Driving: Drivers who are distracted by their phones or other activities are a major hazard for cyclists. Distracted driving reduces reaction times and increases the likelihood of collisions.
- Failure to Yield: Many bicycle accidents occur when drivers fail to yield the right-of-way to cyclists at intersections or while making turns.
- Poor Road Conditions: Potholes, debris, and other hazards can cause cyclists to lose control and crash.
- Opening Car Doors: Known as “dooring,” this occurs when a driver or passenger opens a car door into the path of an oncoming cyclist, leading to serious injuries.
Seeking Compensation for Bicycle Accident Victims
If you or a loved one has been injured in a bicycle accident, you may be entitled to compensation for your injuries and losses. This can include:
Medical Bills
Covering all accident-related medical expenses.
Lost Wages
Compensation for lost income due to the inability to work.
Pain and Suffering
Non-economic damages for physical pain and emotional distress.
Property Damage
Reimbursement for damage to your bicycle and other personal property.
Future Medical Expenses
Compensation for ongoing medical treatment and rehabilitation.
Contact Rosen Injury Law Today
If you or a loved one has been injured in a bicycle accident in Fort Lauderdale, don’t wait to seek legal advice. Our experienced Fort Lauderdale injury lawyers are here to help you navigate the legal process and secure the compensation you deserve.
Contact us today for a free consultation, and let us fight for your rights and financial recovery. Call us at 954-787-1500 or fill out our online contact form to schedule your consultation.