Bicycle Accident Lawyer

The potential compensation for a bicycle accident claim varies significantly based on the unique details of each situation. Numerous factors influence settlement negotiations or trial verdicts, making it impossible to estimate a specific dollar figure without a thorough case evaluation.

Comparing your situation to others’ settlements or advertised results can be misleading. Every case has distinct circumstances that affect its worth. To receive an accurate assessment of your claim’s value, it’s essential to consult a skilled bicycle accident attorney who specializes in these types of injury cases. A knowledgeable lawyer can evaluate your situation based on facts and legal experience rather than speculation.

A seasoned bicycle accident attorney understands how to properly assess all relevant factors that impact case value. They also know which elements insurance adjusters and juries consider when determining appropriate compensation, such as:

• Injured person’s credibility
• Credibility of other parties
• Which party or parties responsible for the bike crash
• Damage to bike
• Nature and extent of injuries
• Cost of medical care and what portion paid by insurance
• Whether injured party has to repay any money that insurance company paid for medical care
• Amount of injured party’s out-of-pocket expenses
• Amount of future medical expenses in the event future medical care is required
• Whether injured party lost income and expected to lose income in the future
• Whether injured party has any prior injuries or pre-existing medical conditions that were not caused by or aggravated by the crash
• Whether injured person is married
• Whether injured person has children
• How the injuries affect relationship with family members

• Cyclists Have the Same Rights and Duties as Motorists: Bicyclists on public roads have all the rights and duties applicable to drivers of vehicles, meaning they must follow traffic rules like stopping at stop signs and yielding right-of-way. This ensures cyclists are treated as equal road users but also holds them accountable to the same regulations.  Florida Statutes § 316.2065(1).

• No-Fault PIP Coverage for Cyclists: Cyclists injured in a motor vehicle accident on public roads are covered by the driver’s Personal Injury Protection (“PIP”) insurance, requiring treatment within 14 days from authorized providers to access up to $10,000 in benefits. This applies regardless of fault, ensuring medical and wage loss coverage. Florida Statutes § 627.736(1).

• Mandatory Lighting at Night: Between sunset and sunrise, bicycles on public roads must be equipped with a white front light visible from 500 feet and a red rear light and reflector visible from 600 feet to ensure visibility and safety. Florida Statutes § 316.2065(7). 

• Riding on Roadways and Bike Lanes: When traveling at less than the normal speed of traffic at the time and place and under the conditions then existing, cyclists must ride as close as practicable to the right-hand curb or edge of the roadway, except when passing, making a left turn, avoiding hazards, or when the lane is too narrow to share with a vehicle. If a bike lane is present, cyclists are not required to use it but may choose to for safety. Florida Statutes § 316.2065(5)(a).

• Helmet Requirement for Minors: Cyclists under 16 years old must wear a properly fitted and fastened bicycle helmet when riding on public roads. However, failure to wear a helmet cannot be used as evidence of negligence in a lawsuit, protecting cyclists’ legal rights. Florida Statutes § 316.2065(3)(d).

Our proven process maximizes your recovery:

1. Free Case Evaluation: We assess your claim at no cost to determine its viability.
2. Investigation: We gather police reports, medical records, and witness statements.
3. PIP Claim Filing: We navigate Florida’s no-fault system to secure benefits.
4. Negotiation: We deal with insurers to exceed PIP limits for a fair settlement.
5. Lawsuit Filing: If needed, we file a lawsuit and prepare for litigation.
6. Mediation or Trial: We pursue the best outcome, with only about 5% of cases going to trial.
7. Appeals: We manage appeals to protect your rights.

We fight for all the compensation to which you may be entitled:

• Economic Damages: Medical bills, lost wages, property damage.
• Noneconomic Damages: Pain and suffering, emotional distress, loss of enjoyment of life.
• Punitive Damages: To punish reckless or intentional misconduct.

Settlements may be lump sum or structured, depending on your needs. We ensure coverage beyond PIP limits, including uninsured motorist claims if applicable.

Understanding Florida’s No-Fault Insurance System

Florida operates under a “no-fault” framework, requiring you to contact your insurance provider immediately after any bike accident involving a motor vehicle, regardless of who caused it. This system requires you to file a claim with your own insurer to cover initial expenses, no matter which party is responsible for the collision.

It’s equally important to consult an experienced bike accident attorney as soon as possible. Florida’s no-fault insurance process is intricate, filled with strict deadlines and technical requirements that can be challenging to navigate without professional guidance. An experienced lawyer will simplify the process, reduce your stress, and work to secure the full compensation you’re entitled to under the law.

Under Florida’s no-fault system, your insurance policy is the first resource for covering medical expenses, lost wages, and costs for services you can no longer perform due to your injuries, such as household chores. This applies universally, regardless of fault in the accident.

Personal Injury Protection (“PIP”) Coverage

Florida law requires all drivers to carry at least $10,000 in Personal Injury Protection insurance. This coverage ensures that accident victims receive benefits up to their policy limit, regardless of who is at fault. PIP insurance also protects you if you’re injured as a passenger in another vehicle, a pedestrian, or a cyclist involved in a motor vehicle collision.

Timing is crucial for a successful PIP claim. You must seek initial medical treatment from an authorized healthcare provider within 14 days of the accident. Missing this deadline, or failing to comply with other technical PIP regulations, could significantly reduce your benefits (from $10,000 to as little as $2,500) or result in a complete denial of your claim.

Authorized providers for PIP claims include medical doctors, osteopathic physicians, chiropractors, hospitals, and emergency medical personnel.

Medical costs and lost income can quickly surpass the $10,000 PIP minimum, even in minor accidents. Once PIP benefits are depleted, you may need to explore additional insurance options, such as health insurance or Uninsured Motorist coverage, or pursue compensation from the at-fault party’s insurance. The interplay between PIP claims, other insurance policies, and third-party liability creates a complex situation that can easily overwhelm accident victims.

Yes! Florida operates under a modified comparative negligence system with a 51% bar rule. While many states use the term “comparative negligence,” Florida law refers to this as “comparative fault.”

This legal framework assigns a percentage of fault to each party involved—including the injured person (plaintiff) and any defendants. The amount of compensation a plaintiff can recover depends on their degree of responsibility for the accident.

How It Works:

• If you are 50% or less at fault, you can still recover damages, but your compensation will be reduced by your assigned percentage of fault.
• If you are 51% or more at fault, you are completely barred from recovering any compensation under Florida’s 51% bar rule.

Example:

Suppose a jury awards $1 million in damages but finds the plaintiff 50% at fault for the accident. The plaintiff’s damage award is reduced by their assigned percentage of fault (50%) for a final award of $500,000 ($1,000,000 minus $500,000 = $500,000).

However, if the plaintiff is deemed 51% or more at fault, they receive nothing.

Florida allows injury victims to pursue compensation only if they are no more than 50% at fault. If fault reaches 51%, recovery is completely blocked.