Florida Bicycle Accident Attorney

Florida has always been a go-to location for bicycling enthusiasts. The fact that they can cycle through the countryside through the never-ending summer is a Godsend. In fact, for many, bicycles are the primary mode of transport.

Numerous communities have even been labeled bike-friendly or have established useful ride-sharing platforms.

Despite all these facilities, bicycle crashes are a common occurrence, and the smallest of mistakes tend to have the most severe repercussions.

If you been in a bicycle accident, your first plan of action should be to file an insurance claim against the individual(s) responsible for the incident. Frequently, this also tends to include auto insurance policies.

Of course, this could also mean that your auto insurance coverage may come into play as well, even if you were on a bicycle at the time.

Florida law states that cyclists have 'rights reserved' as compared to every other citizen that may be driving another vehicle on the same road. However, some exceptions to this rule may be for cyclists who are riding with children below the age of four, bicyclists who were traversing in the bike lane and how bicyclists below the age of sixteen should wear helmets.

Despite adhering to these rules and regulations, it is quite possible for you to experience a bicycle crash. For this reason, if you are used to this means of transportation, it is high time that you learn about how to handle a bicycle accident in Florida. You should also realize that hiring the best bike accident attorneys could mean the difference between the responsible parties walking away without litigation and you getting compensated for your injuries and losses.

If you or your loved one received bicycle accident injuries (or God forbid, were killed) recently, perhaps due to a reckless driver, you might be eligible to file personal injury claims against those responsible. Similarly, wrongful deaths caused by a bicycle crash may make a client eligible to file wrongful death lawsuits or claims against those responsible for the compensation of damages.

The prerequisites for every successful bike accident injuries claim include:

• Proof of accident injury following the bicycle crash
  
• Duty of following the rules and regulations of bicycling and other means of transportation
  
• Proof of the responsible party breaching these rules and regulations
  
• Evidence that the injuries were caused directly due to the responsible party's breach of rules and regulations
  

Most bicycle crashes caused by a vehicle in Florida are followed by at least 80% compensation of medical bills that were up to $10,000. Ideally, to get PIP auto insurers to grant 80% of your medical bills, you should follow this process:

• First, make a claim through your PIP insurance. However, if you don't own a car, you can move onto the next bullet point.
  
• If you don't own a vehicle, you can also file claims through your relative's PIP insurance, if you are living with them.
  
• The PIP coverage will pay 80% of all of your medical bills, up to a maximum of $10,000.
  
  

Once PIP is billed and paid, your first-party medical insurance would pay the remaining balance of your crash-related expenses. The most common insurance product to do so is health insurance.

For a bicycle to get compensated for lost wages, they would follow the same procedure as mentioned above. The only difference now will be that PIP will only reimburse you for 60% of your lost wages. For anything above this limit, Florida law allows you to file a claim against up to 11 categories of responsible parties, including:

1. A reckless driver
   
2. The owner of the vehicle/rental car companies
   
3. The careless driver, their spouse's or their resident relative's insurance provider
   
4. The driver's employers (if the driver was on an official commute)/Ridesharing companies
   
5. Parents (if they signed the responsible driver's application for a driver's license)
   
6. Worker's compensation
   
7. The manufacturer of the vehicle being driven (or even the tires being used)
   
8. The responsible driver's vehicle repair shop
   
9. The contractor responsible for the maintenance or design of the road
   
10. Property owners that may have created conditions for the potential hazard
    
11. Other first-party benefits (disability coverage, uninsured motorist coverage, etc.)
    

The National Highway Traffic Safety Administration (NHTSA) published 'Traffic Safety Facts' in 2017 for bicyclists and other commuters on the road. According to this report, Florida ranked #1 in fatalities for the year.

The NHTSA also reported that they had recorded 125 bicyclist fatalities, which was slightly lower than the numbers recorded by the Florida Department of Highway and Motor Vehicles. The latter reported that, in reality, 128 fatalities had occurred due to bicycle crashes. Besides, California and Florida have led the nation in terms of the number of bicyclist fatalities per year.

In 2018, Floridian witnessed 6,568 bicycle accidents, which resulted in 148 deaths and 6,175 injuries. Also, towards the end of the first quarter of 2019, official reports suggested that there had been 1,695 bicycle crashes in the state, with a total of 40 fatalities and 1,588 injuries.

Broward County alone had reported over 700 bicycle crashes in 2018, which resulted in 696 injuries and 9 fatalities. In the first quarter of 2019, there had been 179 bicycle crashes, which resulted in 168 serious injuries and 2 deaths.

Despite taking all the necessary measures to establish cyclist-friendly roads, cyclists cannot steer clear of the main roads completely. This is where they have to share roads with larger and faster vehicles such as motorbikes, cars, large buses and even lorries.

Even if you consider yourself an experienced or skilled cyclist and have a lot of experience with the highway code, you may only be safe if you and every other motor vehicle is equally aware of or follows the rules. That being said, your responsibility or expertise on the road is only a 50% contributor to your safety.

Considering all of the above, bicycle crashes can result from a large variety of external factors, most of which are related to breaching standard road rules and regulations. Using a phone behind the wheel, driving too close to the shoulder or bike lane, or making sudden lane changes are just some of the examples.

Here are a few common causes of bicycle accidents in Florida:

• A motor vehicle breaching the path of cyclists
  
• Drivers failing to acknowledge cyclists when changing lanes
  
• Motor vehicle driving out of a junction
  
• Motor vehicle doors being opened right in front of a cyclist
  
• Bad road conditions
  
• Reckless driving