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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: 1222 |

Average rating: 4.9

5

I’m so grateful for the incredible support and guidance I received from Brian after a terrible car accident. He handled everything with professionalism and compassion, always keeping me informed and fighting for what I deserved. Thanks to his hard work, I received a great settlement. I couldn’t have asked for a better advocate—highly recommend!

5

After my vehicle was rear ended and totaled. I reached out to Brian Andino for all my legal concerns. Mr.Andino was phenomenal, he answered all my questions and kept constant communication through my 15 month ordeal. I highly recommend Brian for anyone looking for honest attorney.

5

Great law firm. Perfect communication. Everything was handled professionally and quickly thank you again

5

They are dedicated and helpful

5

(Translated by Google) Excellent service and Elisabeth Lebron is a very good person, very attentive, and very helpful.

(Original)
Un excelente servicio y elisabeth lebron es una muy buena persona, muy atenta ,ayuda mucho

5

Everyone I worked with at the firm was professional and knowledgeable. I was happy with the results of my claim. I would certainly recommend you employ their services if needed.

5

I’m very pleased with what the work done Charles bomen I was vey pleased and definitely recommend going to Charles cause he will not disappoint thank you again.

4

Brian and Mia were great! They cared about what I was going through… always there to answer any questions I might have had!

5

The was very professional and willing to work with you and make show you get what you deserve.

5

Great experience all around from my attorney Paul! Gave me information about the whole experience and kept me updated throughout the process until my case was closed! Highly recommend!

5

Jay London is the absolute best lawyer I have ever had!!!

5

Quickly and fast respond, very good lawyer and friendly responding all my questions and all time be available to help in anything, also the first lawyer give you he personal cell number to respond you even in text messages thank you Paul Silvestri for get me 50k

5

I would like to thank my attorney Jay London and his paralegals Heather and Mandy for taking care of my case after my motor vehicle accident. They made it easy to handle my case and dealing with my insurance company. I will always be grateful for your help.

Thanks.
Lucy

5

It’s never a good experience when you’re involved in an accident. But when a firm believes in you and continues to represent your case diligently and guides you legally through the process no matter the end result you feel you entered the process with a great team.
Don’t hesitate to call and ask “ can you help me?” You will get a fair evaluation and excellent representation.
CVG

5

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.

5

They were kind and knowledgeable.
They worked diligently on my case and obtained a fair settlement for me.

5

I am so happy that I decided to go with Kogan and DiSalvo. They always kept me up to date and delivered on their promises. The staff was very kind and helpful, and my lawyer was extremely intelligent and fought hard to get me the most I was able to. Going with this law firm was the best decision I ever could have made

5

I had the opportunity to work with Rachel Schrager, George M. Bakalar and Amanda (paralegal) following a serious accident, and I cannot recommend them highly enough.
Rachel took the time to understand the nuance of my situation.
Throughout the process, communication was excellent. I was kept informed at every stage, and all my questions were answered promptly and clearly.
Most importantly, diligence and persistence led to a favorable outcome in my case.
If you’re looking for a personal injury lawyer who is knowledgeable and experienced, call Kogan and DiSalvo.

5

My attorney was Ms. Rachel Schrager, and miss Lulu Ferrer from Kogan & DiSalvo. Help me with my case. Nice easy and Quick. Thanks

5

I couldn’t be happier with the way Kogan and DiSalvo handled my case from day one until its resolution. My attorney was always available and I was kept up to date throughout the process. The entire staff was professional, thorough, and empathetic to my feelings and concerns. They fought for what was fair and right. That’s all I asked for and that’s what they delivered. I wish to express my gratitude and say that choosing this firm would never be a mistake if you are in need of a good attorney.

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