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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
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
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.
Total reviews: 1344 | Average rating: 4.9
Kurt Hoffman
Samuel Clarke
Best people on a team that helped me on my case, communication skills are way above anything, and they work well and they stay on it. If you have on your side your definitely doing something right!
Thassia Rodrigues
I had an amazing experience with this law office after my daughter’s accident. They handled everything with so much care and professionalism. I especially want to highlight Samantha J., the paralegal who helped us every step of the way. She was patient, kind, and always quick to answer any questions I had. Her communication and support made a stressful situation so much easier. I’m truly grateful for everything she did for our family.
Joshua Ghodooshim
Samantha Juerakahn and the team at Kogan & DiSalvo are absolute bulldogs. Samantha is extremely responsive, razor-sharp with details, and relentless in driving the case forward. When the opposition plays hardball, they push back harder and never back down. If you want a legal team that fights aggressively and gets results, this is it.
Andrew Collado
Cogan & DiSalvo was amazing from start to finish. Amanda and the entire team guided me through every step of my accident case and always made sure I understood what was going on. They were professional, supportive, and truly cared about getting me the best experience
Rosibel “Rosibel Castro Ventura” Florida Homes
I highly recommend Kogan & DiSalvo. Attorney Rachel Schrager was compassionate and communicative throughout my case, and her staff and paralegal team were professional, knowledgeable, and efficient. Their support made the entire process smooth and stress-free. Thank you for your excellent service.
shahpour ebrahimi
Kogan & DiSalvo personal injury Lawyers are the best Law firm in Florida. I must say that Attorney DiSalvo and his staff; Attorney Sonia Masters and Paralegal Monica Kuniyoshi were outstanding in handling my personal injury case. After my car accident, I was overwhelmed and uncertain of my Legal rights. Attorney Master’s professionalism and timely communication helped me achieve a favorable outcome. The paralegal staff, particularly Ms. Kuniyoshi was also helpful and prompt in her responses, which made the whole stressful process much more manageable. I am deeply thankful for their services, kindness and highly recommend Kogan & DiSalvo personal injury Law firm to anyone facing similar circumstances.
Jill Butterworth
I highly recommend Kogan & DiSalvo law firm. My overall experience was a positive one and met my expectations.
Attorney Rachel Schrager was compassionate about my situation, has a kind demeanor, communicated well with me on my car accident lawsuit.
Paralegal Amanda Hudson was very knowledgeable, always professional, efficient in all the legal matters.
She turned what could have been a stressful experience into one where I felt very supported every step of the way.
Taylor Dagostino
When looking for an attorney for my accident case, I wanted an established law firm with a great reputation. I definitely found that with Kogan and Disalvo. Right from the beginning, the firm walked me through the process and always kept in contact with me. Whenever I had questions, someone would reply within the same day. My case was finalized very quickly and I was very pleased with the amount of my settlement. I would highly recommend Kogan and Disalvo for legal assistance. I was thoroughly impressed with their professionalism, knowledge and ability to help me with a superb settlement. Thank you, Kogan and Disalvo.
Michael Coulter
They helped me out so much! The service was so helpful and they always stayed in contact with me, Sally was amazing and so was Rachel, I am really grateful for them.
Paul Carter
The attorney, and paralegals and others were very helpful with the claim. Everything that was done in the process was with their client in mind. Excellent at what they do.
Joseph Larosa III
Sally Rachel and candela’s were amazing. They helped me so much
Michelle Flanagan
Kogan & DiSalvo helped me with my car accident claim, they were with me every step of the way, always helpful, and kept me updated. Most importantly they explained all my options, and answered all my questions. Amazing team!!!!!
Samantha Place
Even though I have hard case this office heard what I said and took it to heart ❤️ great communication very kind people . I thank this office a lot for hearing me out and helping to fight for me .If anyone gets in an auto accident I recommend call them for inquiry best lawfirm in florida !
Ivy Knight
Paralegals are top notch!
Charity Johnson
My team was so kind and I feel like they won my case with no problem at all! Not only was the process faster than expected, but they were always professional and kind. Every time I called Angela Martiuk was always helpful with all my questions so I never had to stress throughout the whole process. ⭐️ Five stars!
Brandon Strausbaugh
Candelyse is a dedicated hard worker, I would highly recommend using this firm for your personal injury case.
Tim Roberts
Jenn was absolutely amazing very helpful and highly recommend
Melida Tribble
Jenn was super nice ! Very helpful! Highly recommend!
Jason Viens
Great firm! Jenn is awesome and very helpful
