Plantation, FL Bicycle Accident Lawyer

Bicycles have the same rights on the road as any motor vehicle, but not all motorists give the appropriate duty of care to bicyclists. Aggressive or negligent drivers often cause accidents that can leave bicycle riders with very serious injuries.

At Kogan & DiSalvo Personal Injury Law, our Plantation, FL bicycle accident lawyers have the local expertise you need after experiencing a bike crash. We can help you understand the process of filing a bicycle accident claim and make sure you get as much compensation as possible from the at-fault driver.

Common Causes of Bicycle Accidents in Florida

Statistics show that as many as 18 people on average are in a bicycle crash in Florida every day. Being familiar with the common causes of bicycle accidents can help cyclists avoid a crash, but it can also help you identify the reason for your accident and establish the other person’s negligence.

Some of the most common causes of bicycle accidents in Florida include:

• Distracted driving
• Speeding
• Dooring
• Failure to yield
• Lack of familiarity with bicycle laws

Bicycles are much smaller than a typical motor vehicle, and they are rare enough on the road that not every driver thinks to keep an eye out for them. These factors make it easier for a bicycle to slip into a driver’s blind spot. When the driver is not paying adequate attention to their surroundings, or if they simply do not know local bicycle laws , a bicycle accident becomes much more likely.

How Florida Law Protects Bicyclists

Florida law recognizes bicycles as street-legal vehicles, and bicyclists receive the same treatment as other drivers on the road. This means that they may make full use of the road as long as they follow all applicable traffic laws. However, bicyclists also have the right to use the sidewalk as long as they yield the right-of-way to pedestrians.

The state’s laws provide extra protection by enforcing bike lane regulations. When there is a bike lane available, bicyclists must use it. Other motor vehicles must stay out of the bike lane unless they are about to make a turn through it. This provides a buffer of space that can cut down on collisions.

If a bicycle accident does happen, the law treats it the same as if the accident occurred between two motor vehicles. A motorist cannot get off easy just because the other person was a bicyclist–they have an obligation to exercise full caution and care to everyone on the road. A specialized bicycle accident lawyer can make sure the at-fault driver is held fully accountable for their negligence.

What To Do After a Bicycle Accident

If you experience a bicycle accident, your top priority is to seek immediate medical attention. Bicyclists do not have the same protection as a person inside a motor vehicle, so the potential for catastrophic injury is much greater.

As with any other traffic accident, everyone involved in a bicycle accident must remain at the scene until police responders arrive. It is important to cooperate with the officers’ investigation of the accident so you can get a police report that supports your claim if you decide to file a lawsuit. 

Types of Evidence To Gather After a Bike Crash

Unless you have injuries that necessitate an immediate trip to the hospital, it is worth your while to gather useful evidence before leaving the scene of your bike crash. These types of evidence can help prove the other person’s negligence and establish the value of your insurance claim:

• Photos of the damage to your bike, the other vehicle and the surrounding property
• Photos of your injuries
• Photos of your helmet or reflective clothing to show your commitment to safety
• Contact information and statements from nearby witnesses
• Data from your GPS, bicycle cam or bicycle computer

In addition to the evidence you can collect at the scene, you should also keep track of your medical records and other bills related to the accident. This documentation can help prove that your damages directly resulted from the accident and not from a previous condition.

How To Determine Liability in a Bicycle Accident

If you decide to file a claim for your bicycle accident, insurance adjusters and personal injury attorneys will each carry out their own investigations of the bicycle accident to determine who is liable for the damages. They determine this liability by discovering the answers to four crucial questions:

• Did the accused driver owe a duty of care to the bicyclist?
• Did the driver violate this duty of care by acting negligently?
• Did the bicyclist suffer recoverable damages in the accident?
• Were those damages directly caused by the driver’s negligence?

Your bicycle accident attorney will find the answer to these questions by examining evidence from the accident scene, traffic cam footage, local traffic regulations and other forms of evidence. Working with a local lawyer can be a significant benefit because they have familiarity with the applicable laws and local connections that can streamline the process.

Damages You Can Recover After a Bicycle Accident

When you experience an accident due to someone else’s negligence, that person owes you compensation for all of the economic and non-economic damages you suffer as a result. In a bicycle accident, these damages can be particularly significant. Some of the losses that are eligible for compensation include:

• Medical expenses for hospital bills, treatments, physical therapy and more
• Lost wages if your injuries cause you to miss work
• Property damage if you need to repair or replace your bike
• Pain and suffering
• Loss of enjoyment of life

Bicycle accident settlements are often worth thousands or tens of thousands of dollars. It is important to work closely with your attorney to make sure you account for all of your recoverable damages in your personal injury claim.

How To File Your Bicycle Accident Claim

To start the claims process, contact the auto insurance company representing the person who caused your accident. The insurer will have a process you can follow to fill out the necessary paperwork and submit the claim. You can also rely on your bicycle accident attorney to handle the filing for you.

Keep in mind that personal injury cases have a statute of limitations of two years from the date of the accident. It is important to start the process as soon as possible to make sure you do not miss the deadline and lose your opportunity to secure the compensation owed to you.

What a Bicycle Accident Lawyer Can Do for You

While it is possible to pursue a personal injury claim without legal help, it can be difficult and frustrating to deal with the insurance company on your own. In the case of a bicycle accident, insurers might take advantage of your situation and try to assert that you contributed to the accident by failing to comply with bicycle regulations or safety practices.

Our bicycle accident lawyers at Kogan & DiSalvo can help by:

• Providing a free case evaluation so you understand your rights
• Investigating the cause of your bicycle accident
• Collecting evidence to establish the driver’s fault
• Negotiating with the insurance company on your behalf
• Representing you at trial if you decide to sue

Speak With Our Plantation, FL Bicycle Accident Lawyers Today

It can feel overwhelmingly unfair to experience an accident through no fault of your own, especially as a law-abiding cyclist. At Kogan & DiSalvo Personal Injury Law, we are ready to advocate for you to make sure you get the positive outcome you deserve. Contact us today to learn more about how our bicycle accident lawyers can support your claim.