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Broward County Bicycle Accident Lawyer

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Riding a bicycle to work or to the store is more hazardous today than ever with many more motorists and riders sharing Broward County roads. Bicyclists who are hurt while riding or the families of riders killed may sue to recover the financial and other costs incurred, advise the Broward County bicycle accident lawyers at Kogan & DiSalvo. If you have been involved injured by another person’s negligence, contact a distinguished personal injury attorney to begin seeking damages.

Florida Bicycle Accident Laws

A gavel laying on top of a legal book in front of scales

When a motorist hits a bicycle rider who is obeying the rules of the road, the motorist can be held financially responsible because of committing a negligent act, which is doing something that a reasonable person would not do in the same situation. For example, a driver turning left at an intersection hits a rider coming from the opposite direction. The rider has the right-of-way and the motorist has failed to exercise the caution toward others that the law requires.

Florida uses the modified comparative negligence doctrine. That simply means everyone who bears some responsibility for causing an event that injures or kills someone shares the blame, explains the Broward County bicycle accident lawyer. A cyclist who is ten percent to blame can only claim 90 percent of the damages the incident caused. If a cyclist is 51% or more at fault, however, they are prevented from recovering any compensation at all.

The attorney must prove that the person who causes a collision must have had a duty of care toward the injured person, such as in sharing the road, and had breached that duty by turning left in front of the bicycle rider which caused the injury and financial damages.

Common Causes of Bicycle Accidents

Teenage driver looking at his phone while driving at night

In Broward County, 816 crashes involving cyclists happened in 2015 and 855 happened during the previous year, according to the Florida Department of Highway Safety and Motor Vehicles. Of those, 14 riders were killed in 2015 and 12 perished the year before. Injuries number 767 in 2015 compared to 829 in 2014.

The most common collisions with bicyclists happen because the motorist is driving aggressively or erratically. Speeding is also a factor along with running red lights or failing to yield the right-of-way to the bicyclist. Driver distraction is increasingly more common as drivers busy themselves with the electronic devices and fail to watch the road.

That causes incidents as often as driving drunk. Broward County bicycle accident lawyers know that a driver who is texting cannot be cited for texting unless a traffic officer stops the vehicle for some other reason, such as a burned out brake light. Riders also are injured by hitting potholes and other road hazards, in which case the municipality may be liable.

Preventative Measures

To avoid injuries or death, the rider needs to wear a helmet, even though Florida does not require people older than 16 to wear bicycle helmets. To increase chances a driver will see a cyclist, the rider should wear bright clothing, such as a yellow jacket or shirt. Following the rules of the road is crucial.

Speaking with a Broward County Bicycle Accident Attorney

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

To begin the steps necessary to recover damages it is best to arrange a free consultation with an attorney who has successfully represented many bicyclists and their survivors, such as the Broward County bicycle accident lawyers.

An attorney from Kogan & DiSalvo can assess the facts of the incident to determine if the case can be victorious. The attorney also will explain the law involved, the legal steps to be taken and answer questions the harmed party has.

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