Types of Injuries Cyclists Face
Bicyclists’ injuries are often severe due to the lack of physical protection. Some of the most common bicycle accident injuries include:
- Traumatic Brain Injuries (TBI):
Even with helmets, cyclists are at risk for serious head injuries that can impact cognitive functions and motor skills. Learn more about traumatic brain injuries and legal assistance.
- Spinal Cord Injuries:
These debilitating injuries may result in partial or complete paralysis.
- Broken Bones and Fractures:
Collisions often cause fractures in limbs, ribs, or the pelvis.
- Road Rash:
Abrasions from sliding on the pavement can lead to painful, long-term scars.
Emotional and Financial Impact
The aftermath of a bike accident extends beyond physical injuries. Victims often face mounting medical bills, lost wages, and emotional trauma. The combination of immediate and future medical expenses can strain families financially, highlighting the importance of seeking financial compensation through a personal injury claim.
For national resources on cycling safety, visit the League of American Bicyclists.
Bicycle Accident Laws in Florida
Florida Statutes Chapter 768: The Legal Framework
Florida law provides protections for bicycle accident victims under Chapter 768 of the state’s statutes. These laws outline:
- Cyclists’ rights to seek compensation from at-fault drivers.
- Requirements for drivers to provide safe passing distances.
- Cyclists’ obligations to obey traffic rules, such as stopping at stop signs and using bike lanes.
Determining Fault in Bicycle Accidents
Florida follows a comparative negligence rule. This means compensation is reduced by the percentage of fault attributed to the injured party. For example:
- If a cyclist is found 20% at fault for not using a bike lane, and the driver is 80% at fault, the cyclist’s compensation is reduced by 20%.
To establish fault, the injured party must prove:
- Duty of Care: The driver had a legal obligation to operate their vehicle safely.
- Breach of Duty: The driver’s actions, such as distracted driving, violated that obligation.
- Causation: The breach directly caused the accident and the bicyclist’s injuries.
- Damages: Tangible losses like hospital bills, lost wages, and emotional suffering.
Damages Recoverable in Bicycle Accident Claims
Economic Damages
Victims can recover financial losses, including:
- Medical Expenses: Costs for emergency room visits, surgeries, rehabilitation, and ongoing medical treatment.
- Lost Wages: Compensation for income lost during recovery.
- Property Damage: Reimbursement for a damaged bike or personal belongings.
Non-Economic Damages
These intangible losses include:
- Pain and Suffering: Compensation for physical and emotional distress.
- Loss of Enjoyment: For a diminished quality of life.
- Loss of Consortium: Damages related to the impact on personal relationships.
Punitive Damages
In cases involving gross negligence, such as driving under the influence, punitive damages may be awarded to penalize the at-fault driver.
Statute of Limitations for Filing Bicycle Accident Claims
Under Florida law, bicycle accident victims have four years from the date of the accident to file a personal injury claim. In cases of wrongful death, the statute of limitations is two years. Failing to act within this time frame can result in the loss of the right to seek compensation.
Notable Bicycle Accident Case Study: Mark Davis
In 2019, a Boca Raton bicyclist, Mark Davis, was struck by a distracted driver. Despite riding in a designated bike lane, the at-fault driver’s negligence caused a severe bicycle collision, leading to traumatic brain injuries, fractures, and permanent disability.
Outcome
The case settled for $2.5 million, covering Davis’s medical expenses, lost wages, and pain and suffering. This outcome underscores the importance of hiring an experienced bicycle accident lawyer to hold the liable party accountable.
Choosing the Right Bicycle Accident Lawyer in Boca Raton
When facing the aftermath of a bicycle accident, finding the right Boca Raton bicycle accident lawyer can make all the difference in achieving a favorable outcome. A skilled bike accident attorney not only protects your rights but also ensures you receive the financial compensation you deserve. This section outlines the qualities to look for in a legal advocate and how Keller Swan Injury Attorneys can support you.
Key Qualities to Look for in a Bicycle Accident Lawyer
- Experience in Personal Injury Cases
An experienced bicycle accident lawyer understands the complexities of bicycle accident claims and the nuances of Florida law. They can effectively handle cases involving traumatic brain injuries, broken bones, and other common bicycle accident injuries. Look for a legal team with a proven track record in handling bike accident cases in Palm Beach County.
- Specialization in Bicycle Accidents
A lawyer specializing in bicycle accidents has in-depth knowledge of the challenges faced by bicycle riders and how to navigate insurance coverage claims. Their expertise ensures that bicycle accident victims receive compensation for medical expenses, lost wages, and future medical expenses.
- Commitment to Personalized Representation
Your attorney should take the time to understand the unique aspects of your bicycle accident case, from the cause of the accident to the impact on your life. Personalized service ensures your case is handled with care and diligence.
The Role of a Bicycle Accident Lawyer
A bicycle accident attorney plays a crucial role in helping victims recover damages. Here’s how they assist:
- Investigation and Evidence Collection
- Gathering crucial evidence, such as photos of the bike crash, witness statements, and insurance information.
- Reconstructing the bicycle collision to determine liability, whether it’s a negligent driver, poor road conditions, or another factor.
- Negotiating with Insurance Companies
- Dealing with car insurance and other providers to ensure fair compensation.
- Countering tactics used by insurance companies to undervalue claims.
- Litigating in Court
- If a settlement cannot be reached, a skilled bike accident lawyer will take your case to court and hold the liable party accountable.
How Keller Swan Injury Attorneys Can Help
