The potential injuries from a motor vehicle striking a cyclist can be catastrophic, especially in Florida. According to the National Center for Statistics and Analysis, the rate of fatal cycling accidents is 60 percent higher than any other state. In most of these cases, though, any injuries a cyclist suffers from a collision with a negligent driver may be recoverable with help from personal injury attorneys.
Depending on the circumstances, you could pursue monetary compensation from the person responsible for your injuries. If a negligent driver injured you while you were bicycling, Margate bicycle accident lawyers from Kogan & DiSalvo might be able to help you hold that driver accountable. En Español.
Not every accident provides an injured cyclist with grounds for a lawsuit. To recover compensation, an injured cyclist in Margate and any bike crash attorneys they choose to retain must first show the other party was negligent. To demonstrate legal negligence, an injured cyclist must prove that the driver owed a duty of care to operate their vehicle responsibly, the driver breached that duty, and the breach was the direct cause of the cyclist’s injuries.
A driver must owe a bicyclist a duty of care for there to be suitable grounds for a personal injury lawsuit. Proving that a duty of care exists is typically straightforward in a vehicle accident case, since by law drivers owe cyclists, pedestrians, and other drivers on the road a duty to obey all traffic laws and drive carefully.
For a driver to be liable in a civil lawsuit, they must have breached their duty of care. There are many ways a driver can breach their duty of care while behind the wheel, including:
Proving that a driver breached the duty of care owed to the accident victim is frequently a significant issue at trial. For bicycle accident lawyers in Margate to hold a negligent driver accountable, it is usually crucial to show that their behavior on the road was reckless, careless, or knowingly dangerous.
For an injured bicyclist to recover damages, they must be able to show that actual harm occurred and that the collision they experienced was the direct cause of those injuries. If there are no damages after a crash, a bike rider would not be entitled to any recovery.
An injured victim may still be able to recover monetary damages from an accident even when they were partially responsible. Florida Statutes §768.71 allows an injured person to seek recovery from another even if they partially contributed to their own injuries. Under Florida state law, however, a court would reduce the amount awarded by the percentage the injury victim was at fault, up to 50%. If they are found to be 51% or more at fault, they are barred from recovery entirely.
For example, if a bike rider was 30 percent responsible or an accident, they will only be able to receive compensation for 70 percent of their damages at most. Skilled legal counsel could help injured victims evaluate their fault in the collision and determine their recoverable compensation.
Given the severity of bicycle accidents, the additional stress of managing a personal injury lawsuit may be more than you want to handle on your own. Kogan & DiSalvo offers free consultations on personal injury cases, so call today to speak with our Margate bicycle accident lawyers.