Steven A. Bagen | October 4, 2024 | Uncategorized

A cyclist on the ground near a car after an apparent accident, with a bicycle laying overturned in the street.

Bicycle accidents in Florida frequently happen when drivers violate one or more traffic laws. In these situations, injured bicyclists may be eligible to file a third-party claim against the at-fault driver’s insurance company. A knowledgeable Florida Bicycle Accident Lawyer can go over your legal options with you, file the appropriate claim or lawsuit on your behalf, and pursue monetary compensation for your injuries.

 

FLORIDA’S BICYCLE LAWS

Florida Traffic Laws that Drivers May Violate to Cause Bicycle Accidents

In Florida, drivers who cause bicycle accidents often violate specific traffic laws meant to protect cyclists and ensure road safety. These violations can lead to serious consequences, including injuries to cyclists.

  • One of the most common laws drivers violate is Florida Statute 316.083, which requires motorists to give bicyclists at least three feet of clearance when passing. Failing to maintain this safe distance can lead to a dangerous situation where the driver sideswipes the cyclist or forces them off the road. This is one of the leading causes of bicycle accidents in Florida.
  • Another law that drivers often violate is Florida Statute 316.185, which mandates that drivers adjust their speed when approaching cyclists. When drivers do not slow down – especially in areas where cyclists are likely to be present, such as near parks or residential streets – the risk of an accident significantly increases. High-speed collisions with bicycles can have catastrophic consequences, given the limited protection cyclists have compared to those in motor vehicles.
  • Florida Statute 316.151 governs turning movements, stating that drivers must use their turn signals and ensure that it is safe before making a turn. When a driver fails to signal or does not check their blind spot before turning, they may hit a cyclist who is riding alongside them or crossing an intersection. 
  • Running red lights or stop signs, governed under Florida Statutes 316.075 and 316.123, is another common violation that can lead to a bicycle accident. Drivers who fail to stop at an intersection may crash into a cyclist who has the right of way. Additionally, distracted driving, such as texting or using a cell phone while driving, is a frequent factor in accidents, violating Florida’s distracted driving law under Florida Statute 316.305.

Violating these traffic laws not only puts cyclists at risk but also holds drivers legally responsible for any resulting injuries or damages in a bicycle accident.

Frequent Injuries and Medical Treatment Following a Bike Accident in Florida

Bicycle accidents in Florida often result in a range of serious injuries due to the limited protection cyclists have compared to motor vehicle occupants.

One of the most frequent injuries is head trauma, including concussions and traumatic brain injuries (TBIs). Cyclists are especially vulnerable to head injuries because helmets may not fully protect against all impacts. Treatment for head injuries can vary from observation and rest for concussions to intensive care and rehabilitation for more severe TBIs. In some cases, surgery may be needed to address bleeding or swelling in the brain.

Another common injury is broken bones, including fractures of the arms, legs, or collarbones. These injuries typically result from falls or collisions with vehicles. Medical treatment often involves immobilization with casts or splints, pain management, and physical therapy to restore function and strength. Severe fractures may require surgical intervention to align and stabilize the bones.

Road rash, which is a type of skin abrasion resulting from contact with the road, is also common in bicycle accidents. This can range from minor scrapes to severe wounds that require medical attention. Treatment for road rash usually includes cleaning and dressing the wounds to prevent infection, pain management, and sometimes, skin grafts for more severe abrasions.

Spinal injuries, such as herniated discs or fractures, can also occur and may lead to long-term consequences, including pain or loss of mobility. Diagnosis typically involves imaging tests like X-rays or MRIs, and treatment may include rest, physical therapy, or surgery.

Internal injuries, such as damage to organs or internal bleeding, are less common but can be life-threatening. These injuries often require emergency medical care, including surgery to repair damaged organs and monitor for complications.

For all of these injuries, timely and appropriate medical treatment is necessary. Early intervention can help reduce the severity of injuries and improve recovery outcomes. Additionally, follow-up care, including physical therapy and regular check-ups, is essential to ensure full recovery and to address any long-term effects of the bicycle accident.

Insurance Issues in a Florida Bike Accident Case

In Florida, Personal Injury Protection (PIP) insurance generally does not cover injuries sustained in bicycle accidents. PIP is a type of no-fault insurance designed primarily for motor vehicle accidents, including cars, trucks, and motorcycles. It provides coverage for medical expenses, lost income, and other related costs, but it typically applies only to injuries resulting from accidents involving motor vehicles.

Cyclists who are involved in accidents with motor vehicles often find that their own PIP coverage does not extend to their injuries because they are not driving a motor vehicle. Instead, injured cyclists usually rely on the at-fault driver’s insurance, including their liability coverage or any applicable uninsured/underinsured motorist coverage, to cover medical expenses and other damages.

Successfully Proving a Third-party Bike Accident Claim or Lawsuit in Florida

To prove a third-party bicycle accident claim or lawsuit in Florida, you need to establish several key elements to demonstrate that the other party is at fault for the accident and that you suffered damages as a result. Here’s a step-by-step guide on how to build a strong case:

  • Establish Negligence – First, you must show that the other party was negligent. Negligence means that the other party failed to act with reasonable care, which led to the bicycle accident. This may include behaviors like running a red light, failing to yield or distracted driving. To prove negligence, you need to gather evidence that shows the driver did not follow traffic laws or acted irresponsibly.
  • Gather Evidence – Collect as much evidence as possible from the bicycle accident scene. This includes photos of the accident scene, vehicle damage, and your injuries. Obtain witness statements and contact information, and get a copy of the police report, which often contains vital information about the accident and the parties involved.
  • Document Injuries and Damages – Keep detailed records of your injuries and medical treatments. This includes medical bills, records from your doctor, and any notes on your recovery process. Document how the injuries have affected your daily life, including any lost earnings or impact on your ability to work.
  • Establish Causation – You need to demonstrate that the other party’s negligence directly caused the bicycle accident and your injuries. This means showing a direct link between their actions and your damages. This often involves expert testimony or detailed accident reconstruction to illustrate how the negligent behavior led to the accident.
  • Prove Damages – Finally, you must show the extent of your damages. This includes not only medical expenses but also any additional costs such as rehabilitation, lost income, and pain and suffering. It’s important to present a comprehensive picture of how the accident has affected your life financially and emotionally.

Building a strong third-party claim or lawsuit involves carefully gathering and presenting evidence to prove the other party’s fault and the full extent of your damages. Working with an experienced Florida Bicycle Accident Lawyer can help you navigate the legal process and ensure that you effectively present your case to achieve the compensation you deserve.

What Happens During Litigation in a Third-Party Bicycle Accident Case in Florida?

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In a Florida bicycle accident case, litigation involves a series of legal steps to resolve the dispute, often through a court trial. Here’s a breakdown of what typically happens during the litigation process:

  • Filing a Complaint – The litigation process begins when the injured party (plaintiff) files a complaint against the at-fault party (defendant) in court. This document outlines the details of the accident, the alleged negligence, and the damages being sought. The complaint also includes a summons, which notifies the defendant of the lawsuit.
  • Defendant’s Response – After receiving the complaint, the defendant must respond – usually within 20 days. This response is important as it sets the stage for the legal arguments and defenses.
  • Discovery Phase – During discovery, both parties exchange information and evidence relevant to the case. This phase includes written questions (interrogatories), requests for documents, and depositions, where witnesses and parties give sworn testimony. The goal is to gather all of the necessary facts and evidence to build a strong case.
  • Pre-Trial Motions – Before the trial, either party may file motions to resolve certain issues. These motions can sometimes lead to a case settlement.
  • Trial Preparation – As the trial date approaches, both parties’ attorneys prepare their arguments and evidence. This involves organizing witness testimonies, expert opinions, and documentary evidence. Both sides will create strategies to present their case effectively in court.
  • Trial – During the trial, both parties present their case before a judge (and sometimes a jury). The plaintiff presents evidence and witnesses first, followed by the defendant. Each side has the opportunity to cross-examine the other’s witnesses and make closing arguments. The judge or jury then deliberates and makes a decision on the case.
  • Post-Trial Motions and Appeals – After the trial, the losing party can file post-trial motions or appeal the decision if they believe there were legal errors. Appeals involve a higher court reviewing the case for mistakes in applying the law.

Throughout litigation, both parties may still negotiate and settle the case at any point. However, if no settlement is reached, the case concludes with a court judgment or verdict, determining the outcome and any awarded damages.

Recovering Third-party Compensation in a Florida Bike Accident Case

In a Florida bicycle accident case, recovering third-party compensation involves seeking damages from the at-fault party or their insurance company for injuries and losses you have suffered. The forms of compensation you can recover fall into several categories:

  • Medical Expenses – This includes all costs related to your medical treatment from the accident. You can recover expenses for hospital stays, surgeries, doctor visits, medications, physical therapy, and any necessary follow-up care. If you need long-term treatment or future medical care, you can also claim these costs.
  • Lost income – If your bike accident injuries caused you to miss work, you can recover compensation for the earnings you lost. This includes not only the income you lost while you were unable to work but also any potential loss of future earnings if your injuries affect your ability to return to your previous job or reduce your earning capacity.
  • Property Damage – If your bicycle or any other personal property was damaged or destroyed in the accident, you can seek compensation for the repair or replacement costs. This ensures that you are reimbursed for the value of the property lost in the incident.
  • Pain and Suffering – This form of compensation addresses the physical pain and emotional distress you experienced due to the accident. It is more subjective and can include mental anguish, anxiety, depression, or loss of life enjoyment resulting from your injuries.
  • Loss of Consortium – If your injuries have affected your relationship with your spouse or partner, loss of consortium damages may be available. These damages recognize the emotional and relational damage that affects your spouse or partner due to your injuries.

To recover these forms of compensation, you must demonstrate the extent of your injuries and losses, proving that the at-fault party’s negligence directly caused them. Gathering medical records, pay stubs, repair bills, and other evidence is key to support your claims. An experienced Florida Bicycle Accident Lawyer can ensure that you effectively present your case and maximize the compensation you receive.

Speak with a Knowledgeable Florida Bicycle Accident Lawyer Today

If you sustained injuries in a recent Florida bicycle accident, an experienced personal injury lawyer can help you throughout the legal process. Your lawyer will first investigate the circumstances surrounding your bicycle accident and determine which law(s) the driver violated. Your Florida Bicycle Accident Lawyer can then file a third-party claim or lawsuit on your behalf in pursuit of the compensation you need.