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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

Female defense attorney in courtroom presenting a case

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

Vignette of a traffic sign instructing drivers to yield

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: 0 |

Average rating: 0

5

The Absolute Best Personal Injury Attorneys Out There They Will Fight For You To Get What You Deserve And Will Take The Case To Trial If You Don’t Like What The Insurance Companies Are Trying To Settle The Case For These Are Honest Lawyers Who Say We Work For You I Had A Great Experience Me And My Mother Auto Accident The Best Lawyers In South Florida Hands Down!!!

5

I had a wonderful experience working with this team especially Mia, Amanda and Rick. They were very communicative and worked great together in getting the best outcome for me. Definitely a good camaraderie. I highly recommend Kogan and Disalvo team to everyone, they are supper professional and beneficial ! GREAT TEAM!

5

Was very happy with the way these attys help ed me especially Chiselle they were exactly what I wanted and needed . I would definitely recommend them anytime

5

Communication was great, explained process clearly, fast to respond.

5

Working with Kogan and DiSalvo and specifically Rachel and Jennifer was very satisfying and rewarding. They made the process very easy and answered all my questions. I truly recommend the law firm of Kogan and DiSalvo for anyone who requires their services.

5

Words cannot describe how grateful I am to have had such an amazing team on my case. Sam & Rachel really worked around the clock diligently to get me the best compensation for my injuries. I could not be happier with this firm. Thank you all for the amazing work. What a wonderful team!

5

Kogan & DiSalvo were excellent in assisting me after my car accident. Very attentive to my needs. Professional & courteous in all matters. I would recommend them to anyone needing legal assistance.

5

Good lawyers to get the job done thanks to jay for handling my case your the best

5

Great job

5

Very professional, great communications, and successful results. A pleasure to work with all the staff.

5

Kogan & DeSalvo: A Stellar Legal Experience

I recently had the pleasure of working with Kogan & DeSalvo for a legal matter and I was thoroughly impressed. From the outset, Jay London’s expertise and dedication were evident. He patiently walked me through the entire process, ensuring I was informed and empowered every step of the way. His communication was outstanding, always available to address my concerns and answer any questions I had. I truly felt like a priority throughout the entire process.
Christina B, the paralegal, was equally remarkable. Her professionalism and efficiency were unparalleled. She handled all the administrative details seamlessly, allowing Jay to focus on the legal aspects of my case. She was always pleasant and approachable, making even the most mundane tasks feel manageable.
I wholeheartedly recommend Kogan & DeSalvo for anyone seeking exceptional legal representation. Jay’s legal acumen, coupled with Christina’s organizational talents, makes for a winning team. Thank you, Kogan & DeSalvo, for a truly positive experience during a challenging time!

5

One of the best firms I’ve ever had the pleasure to work with.

5

The entire team did a great job with follow up and results. Special thanks to Tiffany!

5

I had to dismiss my prior attorney do to unprofessionalism, lack of follow up & inexperience. I decided to go with Ted DiSalvo with the Law Partnership of Kogan & DiSalvo. What a complete 180° difference! Not only is Ted highly experienced, but his Team is AMAZING! Everyone is super professional & caring!… THEY KNOW WHAT THEY’RE DOING! The best part is the follow-up and guidance! It’s a huge relief knowing your part of a team that truly cares about YOU and your individual situation.

Thanks Kogan & DiSalvo
GW🦈
⭐⭐⭐⭐⭐⭐⭐⭐⭐⭐ – 10 Stars!

5

(Translated by Google) I recommend this firm, lawyers helped me throughout the entire process of my accident and always thought about my well-being. Totally satisfied and grateful with the service.

(Original)
Recomiendo esta firma abogados me ayudaron en todo el proceso de mi accidente y siempre pensaron en mi bienestar. Totalmente satisfecha y agradecida con el servicio.

5

(Translated by Google) Excellent company I recommend them 100 percent

(Original)
Excelente compañía los recomiendo 100 por ciento

5

I’m glad that I used Kogan And Desalvo. They truly made me feel like I was family. Very easy to talk to you about anything you needed help with. I especially thank Jay London, esq and Samantha Juerakhan The paralegal to Jay London, and his amazing team. They made this very easy and fast. Love these guys and ladies. 5 star team all the way🥳🥳🥳💚

5

It took a while, but the results were well worth the wait. My attorney J London was excellent. And his associate Gisseiie, they were the best

5

Very nice people so professional and they keep you posted of how your case is going.

5

Jay is amazing! Took my horrible experience and made sure my health and well being came first!

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