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 bicycle accident 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 comparative negligence standard, which reduces compensation by the percentage of fault in causing the bicycle accident.
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 may only recover 30 percent of the damages claimed.
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.