Biking has always been an exciting experience for many. However, regardless of how cautious you are when biking, there is always the risk of an accident on the road. Many bicyclists are injured or killed every year in Florida due to careless drivers.
Florida’s personal injury laws allow you to seek financial compensation if you get into a bike accident caused by another road user. However, insurance companies will do everything possible to deny your claim or pay as little as possible.
The biggest challenge with seeking compensation after a bike accident is ensuring that you present your case clearly and with enough evidence to get maximum compensation. Without the help of a Delray Beach bicycle accident lawyer, you will likely get only get a fraction of what you are entitled to.
To reach the skilled and dedicated Delray Beach car accident attorneys at Steinberg Law, contact us today at 877-783-4611.
What Are Florida’s Bicycle Laws?
In Florida, bicycles are regarded as vehicles. However, whenever the name motor vehicle is used in place of vehicles, it means that bicycles are excluded. Florida’s traffic laws apply when a bicycle is operated on paths created exclusively for bicycles or used on highways.
Here are some of the bicycle laws in Florida.
General Bike Riding Rules
- Cyclists are not allowed to ride on the handlebars and must use a regular, fixed seat.
- Cyclists are not allowed to carry a child under one year old unless they use a bicycle trailer or an infant sling.
- A bicycle cannot transport more people than it is designed or equipped to carry.
- Cyclists are not allowed to attach themselves to a vehicle on the roadway.
- Cyclists should use designated bike lanes or stay on the right side of the road as much as possible.
- A bicyclist on a one-way street with two or more traffic lanes may stay as close to the left edge as possible.
- More than two cyclists are not allowed to ride side by side except on paths or parts of roads made exclusively for cycling or where the laws provide exceptions.
Safety Gear and Equipment
- Every bicycle must have a front and rear light visible within 300 feet. On the rear, bicycles may be fitted with reflectors approved by the necessary authorities.
- Every bicycle should have brakes that allow it to stop within 25 feet from a speed of 10 miles per hour.
- Bike riders and passengers younger than 16 must wear a helmet.
- Helmets used by cyclists must meet the standards set by the relevant authorities.
Violations of the given provisions will not be considered evidence of negligence. So even if you didn’t follow all the bicycle laws, you may still have a case against a driver who hit you.
How Is Fault Determined in Bike Accidents in Florida?
For an injured party (plaintiff) to obtain compensation after a bike crash, they must come up with concrete evidence proving the alleged at-fault party’s negligence. Without concrete evidence, you lack a basis from which you can file a claim.
Your Delray Beach bike accident lawyer will use the following elements to prove negligence.
- Duty: The defendant owed you a duty of care. All road users have a responsibility to follow traffic laws and use caution.
- Breach: You must show that the defendant went against their legal duty, for example by speeding.
- Causation: You must prove that the defendant’s careless or reckless behavior caused the accident.
- Damages: You must prove that you experienced injured and losses, for example, medical bills.
Florida’s Pure Comparative Negligence Rule
In some instances, the injured party might also be partially responsible for the accident. In such cases, Florida’s pure comparative negligence rule allows bicycle accident victims to collect damages that are proportional to their degree or percentage of fault no matter the degree of fault.
So if you are 10% at fault, your compensation is reduced by 10%.
What Should I Do After a Bicycle Accident?
It is normal to feel confused and panicked after you have been involved in a bike accident. Following these steps is crucial to protecting your right to compensation.
Contact Police
Before doing anything else, it is vital to report bike accidents to the police. The police report will be important evidence if you need to file a lawsuit. You should call 911 if you are seriously injured, so police and an ambulance can come to the scene.
Exchange Information
You should get the name, license number, and contact information of the driver who hit you. You should also speak with any witnesses and ask for their contact information.
Record the Scene
Taking photos and/or videos helps you to raw evidence of what occurred. You should capture photos/video of prevailing traffic conditions, damage to the vehicle and/or bicycle, the accident scene, and your injuries.
Never Admit Fault
Don’t apologize or discuss fault either at the scene or when talking to the driver’s insurance company. Any statement that implies that you are admitting fault could hurt your case.
Seek Medical Attention
The fact that you may feel okay after a bike accident does not necessarily mean you are. See a doctor right away so any injuries you have can be identified and treated. Medical records proving the accident caused your injuries will make it easier to get compensation.
Call a Bicycle Accident Lawyer in Delray Beach!
Dealing with the insurance company or the legal process on your own reduces your chances of getting the proper compensation. Hiring a Delray Beach bicycle accident lawyer will help ensure you get the amount you deserve.
What Types of Damages Can You Recover From a Bicycle Accident Claim?
Bicycle accidents often cause serious injuries like spinal injuries, brain injuries, broken bones, and more. You may be left dealing with medical bills and unable to work for a long time while you recover.
Here are some of the damages you may be entitled to after a bike accident in Florida.
- Property damage
- Emotional distress
- Pain and suffering
- Lost earning capacity
- Reduced quality of life
- Lost wages
- Current and future medical bills
In cases where the defendant was especially reckless, the court may also award punitive damages. Florida has put a cap on punitive damages at three times the amount of compensatory damages or $500,000, whichever is greater.
How Much Time Do I Have to File a Bike Accident Lawsuit?
The process of seeking compensation can be overwhelming at times. However, you must make sure you do not wait too long to file a lawsuit after a bike accident.
In Florida, victims must file a personal injury lawsuit within four years from the day the accident happened. This does not mean that the claim has to be resolved within the four-year window.
Families who lose a loved one in a bike accident have two years to file a wrongful death lawsuit.
You should contact a bicycle accident lawyer in Delray Beach as soon as possible. The earlier your bicycle accident lawyer in Delray Beach begins gathering evidence and talking to witnesses, the better.
How Much Will a Delray Beach Bicycle Accident Lawyer Cost?
As Delray Beach bike accident lawyers at Steinberg Law represent clients on a contingency fee basis. That means you only pay your attorney if they successfully ensure you are compensated. You pay your lawyer a percentage of what they help you gain as compensation.
Why Do I Need a Lawyer for My Bike Accident?
Here are some of the main ways a Delray Beach bike accident lawyer at Steinberg Law can help you in handling your case.
Case Preparation / Filing a Lawsuit
Preparing a case requires a lot of knowledge of Florida bike accident laws that our attorneys are familiar with. Our lawyers will help you by investigating the accident, preserving available evidence, looking for more evidence, and handling the legal paperwork.
Settlement Negotiation
Insurance companies will look for ways to deny your claim or get away with paying a fraction of what you deserve. An attorney will be able to determine how much your case is worth early on and will negotiate with the insurance provider to reach a fair settlement.
Trial Preparation & Representation
While most bicycle accident cases are resolved with a settlement agreement, going to trial may be the best course of action if the insurance company refuses to compensate you fairly.
Court cases require lots of preparation and extensive knowledge of the law and procedures. Our bike accident lawyers have the expertise to fight your case for you.
Reach Out to an Experienced Delray Beach Bicycle Accident Lawyer Today!
Many bicyclists are injured or killed every year in Florida due to careless drivers. If you are the victim of a bicycle accident in Delray Beach, you deserve compensation for your medical bills, lost wages, and pain and suffering.
You need to prove the negligence of the other party in order to get adequately compensated for your injuries. At Steinberg Law in Delray Beach, we are here to help you. Our bicycle accident lawyers have years of experience and have recovered hundreds of thousands of dollars on behalf of clients.
Contact us at 877-783-4611 for a free, no-commitment consultation.
