Drivers are legally required to share the road with bicyclists in Florida and to do what they can to avoid accidents and injuries. Unfortunately, some drivers still fail to take proper precautions, which can lead to significant injuries, property damage, or even death.
By hiring a Coral Springs bicycle accident lawyer, you could seek justice and work to recover compensation for the damages stemming from your accident. The experienced personal injury attorneys at Kogan & DiSalvo could gather and preserve evidence to hold the negligent driver accountable for your injuries.
Depending on the circumstances that caused the bicycle accident, a jury may determine that the bicyclist was partially at fault in causing their injuries. Perhaps the rider failed to obey a traffic signal or wear a helmet.
According to Florida Statute 768.81, the plaintiff could still recover damages even if the jury determines they have some fault in the accident. The jury will assign a percentage of fault to the plaintiff, and the plaintiff’s monetary award will be reduced proportionately to that percentage, up to 50%. If the jury assigns 51% fault or more to the plaintiff, they are barred from recovery entirely.
Negligence is a legal concept used as a cornerstone in injury lawsuits. When someone is negligent, they are failing to conduct themselves in a manner consistent with a reasonable person. Automobile drivers are negligent if they are texting while driving; failing to adhere to traffic laws, signs, or lights, or committing any other number of errors or omissions.
Although negligence gives rise to liability, it in itself does not give merit to a lawsuit. For a jury to award monetary compensation for a bicyclist’s injuries, a Coral Springs bicycle accident attorney must show that they have incurred losses in relation to the accident such as pain and suffering, medical expenses, lost income, or loss of enjoyment of life.
The resolution of an injury lawsuit can come in several different forms, a trial verdict being just one. In many cases, both sides will reach a settlement before trial. The plaintiff’s skilled lawyer, along with the attorney representing the defendant, could negotiate an agreeable and fair settlement at any point during the litigation process. The plaintiff is under no obligation to settle their case, though they may find it beneficial to end their lawsuit sooner and without the unpredictable risks of a jury trial.
There is nothing anyone could do to erase your injuries and suffering from a bicycle accident. If you hire an attorney to handle your case, however, you could improve your chances of receiving a fair settlement or jury award.
Your legal rights to file a lawsuit after a bicycle accident expire after a set amount of time under Florida laws. To ensure you can exercise your legal rights to the fullest extent possible, schedule a free consultation with our experienced Coral Springs bicycle accident lawyers today.