Boca Raton Bicycle Accident Lawyer
Bicycle accidents can be physically and emotionally devastating and financially draining. Cyclists are often exposed on the road and accidents with motor vehicles, road hazards or other obstacles can be catastrophic. For Boca Raton, Florida residents who have been in a bicycle accident, knowing your rights and getting the right representation is key to getting justice and fair compensation.
At Keller Swan we help bicycle accident victims through the personal injury process and get them the compensation they are entitled to. This article covers bicycle accident law in Florida, what to do after an accident and how our team at Keller Swan can help.
Bicycle Accidents
Bicycle accidents happen when a cyclist hits a motor vehicle, pedestrian or stationary object. In Boca Raton with its busy streets and bike paths, these accidents are too common. When they do happen the injuries can be severe especially for cyclists who have no physical protection like a vehicle.
Top causes of bicycle accidents
Bicycle accidents can be caused by:
- Driver Negligence: Distracted driving, speeding, failure to yield to cyclists, reckless behavior are some of the most common causes of bicycle accidents. Drivers may not see cyclists in their blind spots especially when turning or changing lanes.
- Poor Road Conditions: Roads that are not maintained properly—potholes, cracks, debris—can be hazardous to cyclists. Lack of bike lanes can also increase the risk of accidents.
- Cyclist Error: While drivers are often at fault, cyclists can also contribute to accidents. Running red lights, not following traffic signals and not wearing proper safety gear can increase the risk of collision.
- Weather Conditions: Rain, fog and poor visibility makes it difficult for both cyclists and drivers to navigate the road safely and increases the risk of accidents.
Common injuries in bicycle accidents
Bicycle accidents can result in:
- Traumatic brain injuries (TBI): Even with a helmet, cyclists are at risk of head injuries that can have long term effects on cognitive function and motor skills.
- Spinal cord injuries: Damage to the spine can result in paralysis and change a victim’s life forever.
- Fractures and broken bones: Collisions with vehicles or falling off a bike can break limbs, ribs or other bones.
- Road rash: Severe abrasions that occur when a cyclist is thrown from the bike and slides across the pavement.
In extreme cases bicycle accidents can be fatal leaving families bereaved of a loved one.
Personal Injury Bicycle Accident Laws in Boca Raton, Florida
Florida has laws that apply to bicycle accidents which govern liability, compensation and legal remedies for victims. Understanding these laws is key to filing a personal injury claim.
Florida Statutes Chapter 768: Legal Framework for Bicycle Accidents
Bicycle accidents in Florida fall under the state’s personal injury laws which are governed by Florida Statutes Chapter 768. This legal framework outlines the rights of injured individuals to seek compensation from at-fault parties and the standard of proof in accident cases.
Florida Bicycle Law also has specific rules for both cyclists and drivers to follow. For example Florida law requires drivers to give a minimum of 3 feet of clearance when passing a cyclist. Cyclists are also required to follow traffic laws such as stopping at stop signs and using bike lanes when available.
Who is at Fault in a Bicycle Accident
Fault is key in determining liability and compensation in a bicycle accident claim. Florida is a comparative fault state which means if both the cyclist and the motorist are at fault for the accident, the damages awarded to the cyclist will be reduced by their percentage of fault.
For example if a cyclist is found to be 20% at fault for not yielding to a vehicle and the vehicle driver is 80% at fault for distracted driving the cyclist’s damages will be reduced by 20%.
To prove negligence the plaintiff (the cyclist) must show:
- Duty of care: The driver owed the cyclist a duty of care (e.g. driving safely and following traffic laws).
- Breach of duty: The driver breached that duty by acting negligently (e.g. texting while driving or speeding).
- Causation: The driver’s breach of duty caused the accident and the cyclist’s injuries.
- Damages: The cyclist suffered actual damages such as medical bills, lost wages and pain and suffering.
Damages in Bicycle Accident Claims
Bicycle accident victims in Boca Raton can recover:
- Economic damages: These are the financial losses directly related to the accident:
- Medical bills: Costs for emergency care, surgeries, hospital stays, rehabilitation and ongoing medical treatment.
- Lost wages: Compensation for time missed from work due to the injuries.
- Property damage: Reimbursement for repairs or replacement of the damaged bike and other personal property.
- Non-economic damages: These are the intangible losses:
- Pain and suffering: Compensation for physical pain and emotional distress.
- Loss of enjoyment of life: Damages for reduced quality of life due to the injuries.
- Loss of consortium: Compensation for the impact of the accident on relationships particularly between spouses.
- Punitive damages: In cases of gross negligence or intentional misconduct punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
Statute of Limitations for Bicycle Accident Claims
In Florida the statute of limitations for a personal injury claim including bicycle accidents is 4 years from the date of the accident. This means you have up to 4 years to file a claim against the at fault party. If the case is a wrongful death the statute of limitations is 2 years.
Filing within this time frame is crucial to preserve your right to recovery. Failing to do so could result in your case being dismissed and you having no legal recourse.
Bicycle Accident Statistics in Boca Raton, Florida (2023)
Bicycle accidents are a ongoing problem in Boca Raton 2023 statistics show the frequency, causes and results of these incidents.
Number of Bicycle Accidents in Boca Raton
In 2023 there were approximately 50 bicycle accidents in Boca Raton. These ranged from minor fender benders to severe accidents resulting in life altering injuries or fatalities.
These statistics prove we need more awareness, better road safety and more legal support for victims.
Causes of Bicycle Accidents
According to local authorities and traffic reports the leading causes of bicycle accidents in Boca Raton in 2023 were:
- Driver negligence: This was the most common cause accounting for approximately 60% of all bicycle accidents. Common negligent behaviors by drivers were: distracted driving (using a phone), failure to yield to cyclists, speeding and driving under the influence of alcohol or drugs.
- Poor road conditions: 20% of bicycle accidents were caused by hazardous road conditions: potholes, uneven surfaces or lack of bike lanes. Cyclists are most vulnerable to road hazards which can cause loss of control and serious crashes.
- Cyclist behavior: 10% of accidents involved cyclists engaging in risky behavior: running red lights, riding against traffic or not wearing protective gear like helmets.
- Other: 10% of accidents involved a combination of factors: inclement weather, faulty bike equipment or pedestrian involvement.
Demographics of Bicycle Accidents in Boca Raton
The majority of bicycle accident victims in Boca Raton were adults between 20-50 years old with a significant number of victims being 60 and up. Many of these victims were avid cyclists who used biking for transportation, recreation or fitness. A smaller percentage of accidents involved teenagers or children who were recreational cycling.
Both men and women were involved in accidents but men were more likely to be the victims accounting for around 55% of the reported cases. This is consistent with broader statistics that show men are more likely to cycle than women especially for commuting and sport.
Notable Personal Injury Case in Boca Raton
One of the most notable bicycle accident cases in Boca Raton was a serious collision between a cyclist and a distracted driver. The case got a lot of media attention and shows the importance of legal representation for victims and their families.
Case Study: A Bicycle Accident Lawsuit and Settlement
Summary:\
In 2019 a 42 year old man named Mark Davis was cycling in a bike lane on a busy Boca Raton road when a driver who was texting on their phone veered into the bike lane and hit Davis. Davis was thrown from his bike and suffered multiple serious injuries: TBI, several broken bones and severe road rash. Davis required extensive medical treatment and rehabilitation and his injuries left him with long term disabilities that prevented him from going back to work.
Davis’ family filed a personal injury lawsuit against the at-fault driver and their insurance company for medical expenses, lost wages, pain and suffering and other damages. The driver’s use of their phone while driving was the main factor in the case.
Outcome:\
After several months of litigation the case settled for $2.5 million. The settlement provided Davis with compensation for his immediate and future medical expenses, lost income and non-economic damages for the pain, suffering and emotional trauma caused by the accident. The case shows the need for stricter enforcement of distracted driving laws and the importance of holding negligent drivers accountable.
Legal Takeaways and Impact of the Case
The Davis v. Distracted Driver case had a lasting effect on the Boca Raton cycling community. It brought attention to the dangers of distracted driving and the importance of bike lanes for cyclist safety. The big settlement also sent a message to insurance companies and at-fault drivers that bicycle accident victims deserve fair compensation for their injuries and losses.
Why Choose Keller Swan for Your Bicycle Accident?
Experienced Representation
We have many years of experience handling bicycle accident cases in Boca Raton and throughout Florida. We are knowledgeable of the laws and regulations governing cycling and personal injury claims so we can build a strong case for our clients. From investigating the accident scene to negotiating with insurance companies we provide full service legal support every step of the way.
Client Centered
At Keller Swan we take a client centered approach to personal injury law. We know every case is different and we work closely with our clients to understand their needs, concerns and goals. Our attorneys will work to get the best possible result for you and your family whether that means negotiating a good settlement or fighting for your rights in court.
Bicycle Accident Results
We have a long history of achieving good results for bicycle accident victims. We have recovered millions of dollars for our clients for their injuries, lost wages, medical bills and emotional trauma. Our dedication to excellence and client satisfaction means we will get the best result possible for each case.
What to Do After a Bicycle Accident
If you are in a bicycle accident in Boca Raton:
Get Medical Attention
Even if you don’t think you’re seriously injured, get medical attention as soon as possible after the accident. Some injuries like concussions or internal injuries may not be immediately apparent. Medical documentation is also important for your legal claim.
Document the Accident
Gather as much evidence as you can from the accident scene. Take pictures of the location, your bike and any visible injuries. If there were witnesses to the accident get their contact information and ask for a statement. A police report will also be important evidence so make sure to get law enforcement to the scene and have them file a report.
Talk to an Attorney
Getting a bicycle accident attorney is one of the most important things you can do. At Keller Swan our attorneys can review your case, explain your legal rights and guide you through the process of filing a personal injury claim. We offer free consultations to discuss your case and options.
File a Claim
In Florida you have up to 4 years to file a personal injury claim after a bicycle accident. But the sooner you start the process the better your chance of preserving evidence and getting compensation.
Get Paid
Your attorney will work to get you compensation for your injuries, lost wages, medical bills, pain and suffering and other damages. This may mean negotiating with the at-fault party’s insurance company or going to court to get you a fair settlement.
Call Keller Swan Today
If you or a loved one has been in a bicycle accident in Boca Raton, Florida call Keller Swan Injury Attorneys today.
What We Can Do
We offer full service to bicycle accident victims:
- Free consultations to discuss your case and options.
- Investigation of the accident scene, witness statements and other evidence.
- Negotiation with insurance companies to get you what you’re owed.
- Aggressive representation if necessary to fight for you.
Call Now
Call Keller Swan today to schedule a free consultation.
Bottom Line
Bicycle accidents in Boca Raton can cause serious injuries, emotional trauma and financial stress for victims and their loved ones. If you are in a bicycle accident get to know your legal rights and options. At Keller Swan we help bicycle accident victims through the process and get them the compensation they’re owed. Call today to find out how we can help you.
