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Stuart Bicycle Accident Lawyer

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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

Man rides a bike outdoors in the park on a sunny day at sunset

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

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

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: 1185 |

Average rating: 4.9

5

They are great I’m so glad that I called them. Also I can’t believe that they settled my case so quickly. I would highly recommend them and I will use them in the future.

5

My Attorney at Kogan and DiSalvo were exceptional in my accident case. They were very straightforward about the possible outcomes and always seemed to be one step ahead in planning and strategizing for the next step. The paralegal staff was also courteous and prompt in their responses and kept me up to date. I am grateful for their services.

5

This firm , the attorneys and paralegals epitomize professionalism, ethics and intelligence.

5

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.

5

My rep team here was Paul and Stephanie. They really helped me in navigating getting my medical taken care of from an accident. They were awesome at keeping me informed about the case and confidentially getting it done. Much appreciation, Big thanks guys!

5

Jay London handled my case so well! He is professional, courteous and knows exactly how to navigate the process for a client. Thank you Kogan & DiSalvo and especially Jay London! I recommend this firm, 100%.

5

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.

5

I had the pleasure of working with Amanda Hudson and found her to be exceptionally professional, knowledgeable, and efficient. Her attention to detail, clear communication, and thorough understanding of personal injury law greatly contributed to a smooth and well-managed process. I highly recommend her for any legal support needs.

5

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

5

Had my interest at heart. Professional and compassionate.

5

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

5

I was very pleased to have Kogan & DiSalvo handle my case. Ted DiSalvo was open and very caring. He let me know what to expect and took my calls. Ted and the whole Firm Ian A+ in their efficiency and communication. I hope I never need them again, but if I do, I will call them immediately.

5

I highly recommend using Kogan & DiSalvo. Tiffany Fanelli, my litigation attorney, was a tremendous asset to my case. Thank you to Darryl Kogan and his entire team.

5

I want to take a moment to sincerely thank Jennifer Langlois and her incredible team for the exceptional care and support they provided to my son and me following our car accident.
From the very beginning, Jennifer’s professionalism, compassion, and expertise put us at ease. Thanks to her, we were able to fully focus on our healing and day-to-day responsibilities without the added stress of managing our legal case. She handled everything seamlessly and efficiently, always keeping our best interests at heart.

If you’re ever in need of someone who truly cares and delivers outstanding service, I wholeheartedly recommend Jennifer Langlois at Kogan & DiSalvo. She made a difficult time so much more manageable, and we’re deeply grateful.

5

Daniel and Lauren did a tremendous job. Their communication is amazing, the fought for me and took the time to explain everything step by step, this was almost a 2 year headache(for me) but glad that at the end they did the best thing for me. They treated me super nice and professionally, I definitely recommend them for anything that they can help you. I want to say thank you guys for all the help and everything you guys had done for me!

4

I received great advice and service from Kogan & DiSalvo. Jessica S really helped me navigate through the process. Thank you!

5

I couldn’t have asked for a better lawfirm i was so happy with my turnout
Jay you are awesome and I will always referr your services to everyone!!!
Thanks Again

5

Kogan and Disalvo took care of me from start to finish. I am grateful for how well they handled my case! Thank you, Kogan and Disalvo!

5

This Firm is Amazing!!! Tiffany and Sam are phenomenal, they made sure that I completely understood what was going on and they were honest. Everyone is super sweet and very patient. Tiffany and Sam have helped me a lot and I am very grateful for this office. Very knowledgeable and hardworking attorneys, I definitely recommend !!

5

My experience here at Kogan & Di Salvo has been very good from the start. Everyone is very professional and caring.

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