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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.
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.
Negligence has four elements and each of them must be proven in order to collect damages. These elements are:
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.
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:
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: 1337 | Average rating: 4.9
Janie Domimguez
Hockey-Family Cataldo
Brian Andino did a great job. First of all anyone with a lawsuit in Martin County will soon learn about the Comparitive Negligence rules here. Something imposed by the county to avoid letting anything get to trial. Not only did they do a great job during all pre-trial mediations and more. The most impressive was the post settle. After they had been paid (reread after they got their $$) Brian continued to work for me settling the many liens. That was diligent and most impressive as it showed the moral work ethic as there was nothing left for the firm it was all my end. He continued to work until it was all done. Thank You Brian!
Jeffrey Otero
I usually don’t leave reviews but after Kogan & Disalvo handling my case left me beyond satisfied, from the moment I presented my case to when the case was finalized, everything was handled with such professionalism and amazing communication. I never had to wonder about my case because they made sure I was aware what stage my case was in and what were the next steps .Jennifer Langlois was amazing in answering all my questions not once did I feel as if bothering. It was always a pleasure speaking to her. A big thank you to the whole team!
Micah Byrd
I’m certainly grateful for the Kogan & DiSalvo firm for their dedication for the pursuit of my case. I pray that I do not have to have another case again, yet if I do or anyone else I know does, I certainly would refer them to contact Kogan and DiSalvo. Thank you all for the pleasant, straightforward and seamless process!
dunkemcclendon
They are dedicated and helpful
ashley noel
The was very professional and willing to work with you and make show you get what you deserve.
Loren Careri
We had a wonderful experience with Kogan & DiSalvo. They were extremely professional, knowledgeable and supportive during the entire process. They kept us informed every step of the way and were able to settle our case quickly. Should you be in need of a personal injury attorney, we highly recommend them.
kathleen guch
I’m very grateful to Kogan & DiSalvo Personal Injury Lawyers for the work they put into my case especially Samantha, the paralegal. She was a key part of the process from start to finish. Samantha made everything clear and straightforward, always taking the time to explain things and keeping everything on track. Her experience and efficiency really stood out. I’m thankful she was part of the team and truly appreciate everything she did.
Brenda Sacco
The personal care that this office gave me was impeccable and I couldn’t be more appreciative
Gary Jenkins
My car was rear ended on I95 in Virginia in a multi vehicle accident. My car was totaled and I had injuries that worsened days after.
Samantha, from Kogan and DiSalvo, was my point representative. They helped me arrange my medical treatment so I could recover while they took care of the paperwork. They dealt with the insurance companies, and the out of state police and witness reports.
After treatment I’m back to normal. Kogan and DiSalvo took the headache out of dealing with all involved parties.
I highly recommend them.
Elana Hansen
I had the pleasure of working with Kogan & DiSalvo Personal Injury Law Firm. Upon retention, their team was incredibly professional, compassionate, and dedicated to my case. Tiffany, accompanied by her legal assistant Maria, and paralegal Michelle, offered me personalized attention. From the beginning, their priority was to build a rapport , acknowledging the unique circumstances of my case, and further strengthened my confidence in their capabilities. The time taken to listen to my concerns and ensure I understood every step of the process only echoed the principles and foundation on which this firm has been built. Their expertise in personal injury law is evident, and they fought tirelessly to secure the compensation I deserved. Thanks to their hard work and consistent communication, I felt supported throughout the entire ordeal. If you’re looking for a law firm that truly cares about its clients and delivers results, look no further than Kogan & DiSalvo.
carol Cedeno
Samantha,
Was truly a blessing from the moment we met we connected she walked us through everything she took care of all over her needs always answered our calls made everything so simple her professionalism was wonderful
Nalson Samedifede
Great law firm to fight for you when you feel like you’re not gonna win, but they tell you that we’re going to win this case no matter what
Brenda Gibbons
My experience here at Kogan & Di Salvo has been very good from the start. Everyone is very professional and caring.
Brianna Cataudella
Great experience
purple lillies
You never really stop to think about what just really happens after a car accident.. And I can now tell you that I did, and that having a skilled, dedicated, and trustworthy car accident lawyer is definitely at the top of your priorities and needs. There is so much that goes on, so much that is required and complex, stressful, and just an overall real pain to go through. But that is where having a great lawyer comes in. One you can actually trust and rely on to have your best interests in mind and to take care of you. I can’t thank or recommend Kogan And DiSalvo enough!! You guys are the best! Thank you so much!
KELLY MCPHILLIPS
You never really stop to think about what just really happens after a car accident.. And I can now tell you that I did, and that having a skilled, dedicated, and trustworthy car accident lawyer is definitely at the top of your priorities and needs. There is so much that goes on, so much that is required and complex, stressful, and just an overall real pain to go through. But that is where having a great lawyer comes in. One you can actually trust and rely on to have your best interests in mind and to take care of you. I can’t thank or recommend Kogan And DiSalvo enough!! You guys are the best! Thank you so much!
Jennie Roberts
Dan & Lauren were amazing to work with! Very efficient and always there to answer any questions. Thanks for everything
Auggie Azevedo
Great people that work
for you
Itz Ryan
they handled my case very well, and i’m happy with the outcome!
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