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Stuart Bicycle Accident Lawyer

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Bicyclists can sustain serious injuries if they are hit by a car or truck or fall somehow. If that happens, it is in the rider’s best interest to promptly contact a bicycle accident lawyer in Stuart to schedule a meeting with a skilled lawyer who can work to achieve maximum compensation for medical and other expenses incurred.

Bicyclists can only recover the full value of their losses in personal injury cases if they do not share any of the blame for the accident, so they must ride on strong legal grounds.

It is not uncommon to see a bicyclist riding on the wrong side of the street facing oncoming traffic. That is against Florida law and the rider likely will not receive total compensation if they are hit by a car or truck. The reason for that is Florida’s negligence law. Such laws can be best explained using a Stuart personal injury lawyer.

Negligence and Bicyclists

Man rides a bike outdoors in the park on a sunny day at sunset

Florida has adopted the modified comparative negligence standard, which reduces compensation by the percentage of fault in causing the bicycle accident, up to 50%. If they are found to be 51% or more at fault for the accident, they are barred from recovery entirely.

For example, a bicyclist riding on the wrong side of the street is hit by a car turning right. Both share a percentage of fault, but the bicyclist is in violation of the law and the motorist, not looking for bicycles, also has fault. In that case, the bicyclist may bear a larger percentage of fault. Under the law, a party that is 70 percent at fault will be barred from recovery entirely.

If the bicyclist was on the correct side of the street and hit by a right-turning car, they could collect 100 percent of awarded damages. Such damages can be best pursued using a Stuart bicycle accident attorney.

Bicycle accident injuries can range from bruises to catastrophic injuries.

Determining Liability

Negligence has four elements and each of them must be proven in order to collect damages. These elements are:

  • Duty of care: Everyone under the law has an obligation to not cause harm to another person
  • Breach: An act is performed that causes harm is defined as a breach of duty of care
  • Causation: The breached act caused an injury or property damage. The law also allows for approximate cause, which is unforeseen injury or damage related to the breached act
  • Damages: The breached act caused actual injury or damage

In some cases, comparative negligence can be defended, such as proving that the defendant did not have a legal duty of care toward the plaintiff. An individual can determine liability through the use of a Stuart bicycle accident lawyer.

Rules of the Road

Bicyclists have the same rules to follow as motor vehicle drivers but Florida Bicycle Statutes (Title XXIII, Ch. 316.2065) are specific to bicycle riders, including:

  • Cyclists on one-way streets must stay near the left-hand curb
  • One single seat bicycle, only one rider, except riders may securely attach a backpack, sling or trailer when transporting a child younger than 4 years old or fewer than 40 pounds
  • Riders 16 years or younger musts wear helmets that meet federal standards of safety
  • Riding two abreast is illegal except on bike paths
  • Sidewalk riding is legal but riders must give the right of way to pedestrians and audibly tell pedestrians they are about to be overtaken
  • School crossing guards can issue citations to bicycle riders

Contacting an Attorney

The attorneys at Kogan & DiSalvo in front of their office building

If you or a loved one are involved in a bicycle accident you can learn how strong of a case you have by contacting a Stuart bicycle accident lawyer. A lawyer can explain the various aspects of the applicable law and provide the options that are available to you.

Your bicycle accident lawyer in Stuart can conduct an independent investigation of the accident and prepare your case for trial, if necessary. Many personal injury lawsuits claiming damages are settled out of court between you and the negligent party.

In that situation, your dedicated lawyer can negotiate with the insurance carrier to win the compensation which you are entitled.

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5

This Firm is Amazing!!! Tiffany and Sam are phenomenal, they made sure that I completely understood what was going on and they were honest. Everyone is super sweet and very patient. Tiffany and Sam have helped me a lot and I am very grateful for this office. Very knowledgeable and hardworking attorneys, I definitely recommend !!

5

My experience here at Kogan & Di Salvo has been very good from the start. Everyone is very professional and caring.

5

Amazing!!! Thank you. Thank you for making this process so easy. Thank you for making me feel comfortable. I would recommend you guys to anyone in need!

5

Great experience

5

So grateful for the team at Kogan & DiSalvo, especially Amanda Hudson. I was a bit overwhelmed by the thought of getting legal assistance, but Amanda was thorough, clear, and super easy to work with. Thank you!

5

10 out of 10 will always recommend

5

Kogan and Disalvo are the only choice in town if you are ever in need of an injury attorney! I gurantee they will be the best lawyers you will ever work with!!

5

From the first interaction with Kogan & DiSalvo, you will know without a doubt that you are in the best, and most capable hands possible. The attorneys and legal team here are very attentive, professional, and results-driven with a passion for getting their clients the compensation they deserve. They show that no insurance company is too big for them to take on and they fight for what is right. Their determination and aggressive approach to fighting on behalf of injured victims is what truly sets them apart from the other attorneys in the area. I recommend them wholeheartedly 5/5

5

After an accident, the last thing you need to worry about is an attorney that doesn’t do his job. Well, I guarantee you will not find that here at this law firm!

Kogan & DiSalvo Personal Injury Lawyers is a law firm with morals and values. They give each and every single one of their clients, their FULL attention and dedication. They bring the fight to the insurance companies and negligent party/ies, never backing down, all the while keeping you updated every step of the way, and ensure you are recovering and healing properly from any injuries sustained. They will fight on your behalf to get you every single dollar you deserve. I seriously cannot recommend them enough

5

If you ever find yourself in the aftermath of an accident, especially an auto accident, Kogan and DiSalvo is your ABSOLUTE BEST choice!!

5

Skilled, reliable, and quick to get things done. Truly impressed and would recommend them to anyone!

5

Im getting paid to give 5 stars they wouldn’t pay me because i put the truth

5

The best law firm you will ever work with. Excellent communication and professionalism, they ensure you are always updated throughout the process. Very personable and show your not just another number and check to them.

5

great service thanks

5

Great service, highly skilled and knowledgeable, very professional and good at what they do.

5

Very easy to talk to and explain everything clearly to make sure you understand how things will be taken care of.

5

I had a great experience working with Dan and Lauren. They were extremely professional, courteous, and always responsive—no matter how many times I called, they took the time to answer my questions and provide clarity. Their dedication and professionalism truly stood out. I highly recommend them—a great team you can trust.

5

I’ve seen first hand, from a friend, the kind of top tier support and dedication that Kogan and DiSalvo Personal Injury Lawyers give to their clients. They are professional, aggressive, highly experienced and knowledgeable, and overall just some good honest hard working attorneys. Also, the team and staff here are just as amazing. Very communicative, always reachable, and never answer with an attitude or with an un-empathetic tone. Each time she had spoken to them, she never felt rushed or as if she was just another number to them. We recommend them 10/10!

5

Great to deal with, great customer services.They really care about their clients and their needs

5

A law firm that is actually for the people, a law firm that has your best interests, and a law firm that fights for you and the justice you deserve. They do not stop until they get you every single thing you deserve. You definitely want these guys in your corner.

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