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Boca Raton Bicycle Accident Lawyer

bike hit by car in accident on florida road - Kogan and Disalvo

Whether you are cycling along the scenic stretches of A1A, commuting via the El Rio Trail, or navigating the busy streets near Mizner Park, bicycling is a quintessential part of the Boca Raton lifestyle. While our city is known for its beautiful weather and expanding bike-friendly paths, the reality is that heavy congestion on corridors like Glades Road and Palmetto Park Road creates a high-risk environment for even the most experienced cyclists. When drivers fail to share the road or ignore designated bike lanes, the consequences are rarely minor.

Negligent or reckless driving can lead to catastrophic injuries for cyclists. If you or a loved one has suffered in a bicycle accident, it is important to contact an experienced Boca Raton injury attorney for help. A skilled personal injury lawyer from Kogan & DiSalvo can help you pursue compensation for your damages.

Riding Safely in Boca Raton

Many state and local clubs and advocacy groups for cyclists can help provide information about riding safely. Bicycle regulations in Boca Raton law are found in the Florida Statutes. Knowing the law can help cyclists not only protect their safety but protect against unfair charges.

In a personal injury case for a bicycle accident, the cyclist’s damages will be reduced by whatever percentage the jury finds the cyclist to have contributed to their own injuries, up to 50%. If the cyclist is found 51% or more at fault, they are barred from recovery entirely. This doctrine is known as modified contributory negligence.

Challenging Unsafe Drivers

When a driver hits a bicyclist due to negligence or recklessness, the results can be particularly serious because a bicyclist is largely unprotected. At the scene of an accident, whether the accident was minor or severe, it is important to seek medical treatment if the cyclist suspects any type of injury. Sometimes the shock of an accident causes someone not to realize they are in pain and seriously injured.

Once it becomes clear that an injury has occurred, a trip to the emergency room or doctor is very important. Some common bicycle accident injuries are head injuries, spinal cord injuries, and broken bones. It is also important to seek recommended follow-up treatment. Someone who has been in an accident must care for their health above all, and in the process, they are also creating evidence to present to the at-fault driver’s insurance company.

Filing a Bicycle Accident Case in Boca Raton

It is very important to call an attorney immediately because an experienced accident attorney can offer advice about seeking medical treatment after an accident. A Boca Raton bike accident attorney can also advise their client about what to say to the at-fault driver’s insurance company when the insurance company calls.

When a lawyer takes someone’s personal injury case, they will make contact with the driver’s insurance company to let them know the bicyclist is represented. The bicycle accident lawyer in Boca Raton will then begin the process of collecting evidence to present to the insurance company.

This evidence may include medical records and bills, police reports, photographs of the accident scene or injuries, witness contact information.

Process of an Accident Claim In Boca Raton, FL

A bicycle accident attorney in Boca Raton will negotiate with the insurance company, but the client makes the final decision about whether to accept an offered settlement.

1. Immediate Medical Evaluation and Documentation

Your health is the priority, but the documentation is the foundation of your claim. Whether you were treated at the scene by Boca Raton Fire Rescue or transported to Boca Raton Regional Hospital or West Boca Medical Center, ensuring that your injuries are linked directly to the crash is vital. Under Florida law, you must seek medical treatment quickly to protect your insurance benefits.

2. Navigating PIP and No-Fault Benefits

Many cyclists are surprised to learn that Florida’s Personal Injury Protection (PIP) insurance applies to them. If you own a car, your own PIP will typically cover the first $10,000 of medical bills and lost wages, even though you were on a bike. If you do not own a vehicle, we can often pursue PIP benefits through the at-fault driver’s insurance.

3. Evidence Preservation at the Scene

Bicycle accidents often happen at busy Boca intersections where traffic patterns change quickly. Our team moves fast to secure:

  • Police reports from the Boca Raton Police Department or the Palm Beach County Sheriff’s Office.
  • Footage from nearby businesses or “Smart City” traffic cameras located along major roads like Military Trail.
  • Forensic analysis of your bicycle, helmet, and the vehicle involved to determine the point of impact.

4. Filing Within the 2-Year Deadline

As of 2023, Florida law significantly shortened the time you have to file a lawsuit. Under the updated Florida Statute § 95.11, you generally have only two (2) years from the date of the accident to file a negligence claim. Because bicycle accidents often involve complex investigations into road design or distracted driving, starting this process early is essential.

5. Proving Liability and Overcoming the 50% Bar

Florida now follows a Modified Comparative Negligence system. This means if a jury or insurance adjuster determines you were more than 50% at fault for the accident (for example, by not having proper lighting at night), you are legally barred from recovering any damages. Our Boca Raton bicycle accident lawyer team specializes in countering “blame the cyclist” tactics to ensure the primary burden of liability remains on the negligent driver.

6. Negotiation and Litigation

We handle all communications with insurance carriers who often attempt to settle for “nuisance” amounts before the full extent of your injuries, such as traumatic brain injuries or spinal trauma, is known. If a fair settlement cannot be reached, we are prepared to take your case to trial in the Palm Beach County court system to fight for the maximum compensation available.

Contact a Bicycle Accident Lawyer Today

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

For help with the aftermath of a bicycle accident, contact a Boca Raton bicycle accident lawyer to assist you in recovering compensation for your injuries.

Kogan & DiSalvo – Boca Raton

7900 Glades Rd, Suite 630
Boca Raton, FL 33434

Phone: (561) 477-9000

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