Bicycle Accident
At Cohen and Cohen Law, our Florida bicycle accident lawyers help injured Florida residents and their families when they have suffered injuries from bike accidents in any county throughout Florida.
We Represent Bike Accident Victims Throughout Florida
There are many benefits to riding bikes in Florida; it’s a fantastic recreational activity and a great alternative means of transportation when the weather is suitable. Unfortunately, accidents often happen when sharing the road with motor vehicles or using a bicycle lane on Florida’s busy streets. If you find yourself involved in a bike accident, work with experienced Florida bicycle accident attorneys. At Cohen and Cohen Law, we have been helping accident victims in Florida for over 50 years.
If you or a loved one have been involved in a bicycle accident, you don’t have to go through the recovery process alone. Cohen and Cohen Law protects the rights of cyclists and provides guidance and representation in seeking their physical and financial recovery. Our friendly team of Florida bicycle accident lawyers is here to fight for justice on your behalf and help you receive the compensation you need. Contact us today for a free consultation.
Common Bicycle Accident Injuries in Florida
Cycling mishaps in Florida can lead to severe harm, causing physical, emotional, and financial burdens. It’s crucial to be aware of the common injuries associated with these mishaps to pursue proper compensation for the damages endured.
Cyclists often suffer the following injuries in Florida:
- Head and Brain Injury: Due to the absence of protective barriers, cyclists are highly susceptible to head and brain injuries, ranging from concussions to long-lasting traumatic brain injuries (TBI). Therefore, head injuries are prevalent in bicycle accident cases. If you or a loved one have suffered a traumatic brain injury, address it with medical professionals promptly. Seek guidance from your Florida bicycle accident lawyer at Cohen and Cohen Law.
- Road Rash and Other Abrasions: When cyclists are thrown off their bikes, they are prone to road rash—an uncomfortable skin abrasion caused by contact with the road surface.
- Bone Fractures and Dislocations: The impact of a biking mishap can lead to fractures, dislocations, and severe orthopedic injuries affecting various body parts, such as one’s limbs, collarbone, ribs, and pelvis. Broken bones can have varying degrees of severity and implications.
- Spinal Injury: High-impact bicycle accidents can lead to spinal cord injuries (SCI), causing paralysis or permanent disabilities. Spinal injuries are serious and require immediate attention.
- Neck Injury: Bicycle mishaps can cause a range of neck injuries, varying in severity.
- Ruptured Discs: Neck and back injuries sustained during cycling accidents can involve ruptured discs in the spine, leading to significant pain and disability.
- Internal Injuries: Cycling accidents can also lead to internal injuries, including organ damage, internal bleeding, or injuries to the lungs and other vital organs.
- Wrongful Death: As cyclists are exposed to various environmental factors and vehicles around them, bicycle injuries can sometimes lead to fatalities. In motor vehicle accidents involving bicycle fatalities, our attorneys can assist family members in pursuing a wrongful death claim if the incident occurred due to someone else’s negligence.
Our dedicated team of compassionate attorneys strives to support you by addressing medical expenses, ongoing treatment, lost income, and other damages. At Cohen and Cohen Law, we provide compassionate legal support during these challenging times.
Proving Your Bike Crash Case in Florida
If you’ve been involved in a bicycling accident in Florida, there are important factors to consider when establishing fault in your bike accident claim. We will address each major element required to prove liability for damages in a bike accident claim:
Demonstrating Duty of Care
The first step is showing that the driver had a responsibility to take care in relation to the cyclist’s safety. In Florida, drivers must follow traffic laws and exercise reasonable caution on the roads.
Proving Breach of Duty
Next, it needs to be established that the driver failed to meet their duty of care. This could involve breaking traffic laws, driving recklessly, or not paying attention to the road.
Establishing Causation
It’s crucial to demonstrate that the driver’s breach of duty directly caused the accident. This can be supported by evidence like skid marks or footage from traffic cameras.
Showing Damages
Finally, it’s important to prove that the cyclist suffered actual harm due to the accident. This may include physical injuries, medical expenses, lost wages, or damage to property.
There are additional steps that can strengthen your case, such as preserving relevant evidence, gathering witness statements, and documenting the accident through a police report. Reach out to Cohen and Cohen Law, as we are experienced in handling Florida bicycle crash cases and can guide you through the process.
Proving Negligence in Florida for a Bicycle Accident Under Modified Comparative Negligence Laws
Establishing negligence is a key factor when determining fault in a bicycle accident in Florida. This refers to demonstrating that the other party failed to exercise a reasonable level of care. Negligence can take different forms, like a driver violating traffic laws, being distracted, or operating under the influence of alcohol or drugs.
Florida follows the legal principle of modified comparative negligence. This change from the previous “pure comparative negligence” was implemented in 2023. Under this principle, if you are found to be partially responsible for an accident, the amount of compensation you can seek will be reduced proportionally based on your degree of fault.
However, if you are determined to be more than 50% at fault for your injury, you won’t be able to recover any compensation. Comprehending this rule and acknowledging its potential impact on your case is critical. Our experienced bike accident attorneys at Cohen and Cohen Law can assess your approximate percentage of fault and estimate the value of your accident claim.
How Bicycle Safety in Florida Pertains to Bike Accident Cases
Fostering awareness and concern for bicycle safety among cyclists and drivers on Florida’s roads, streets, and bike lanes is important. As a law firm based in Hollywood and serving injured cyclists throughout the state of Florida, Cohen and Cohen Law emphasizes upholding the duty of care that both drivers and bicyclists have towards others sharing the roads and bike lanes.
Understand How Different Bicycle Accidents Happen in Florida
Both drivers and cyclists need to be aware of the various scenarios that can lead to bicycle accidents. The following scenarios may describe the events leading to your bike accident case:
- Bicycle Accidents at Red Lights or Stop Signs: There are several types of accidents that can happen at intersections. Bicyclists sometimes fail to carefully scan their surroundings, leading to collisions. On the other hand, drivers may not notice the presence of bicyclists or may mistakenly assume they will stop. Failing to obey the rules of the road, such as running a red light or disregarding a stop sign, can also lead to accidents involving bicycles.
- Right of Way Incidents: Failed communication or a lack of awareness can cause accidents where neither party yields the right of way, leading to crashes involving bicycles.
- T-Bone Collisions: This kind of accident occurs when a cyclist pulls out into the street from a perpendicular driveway or cross street without yielding to traffic. It’s important for cyclists to be responsible and consider the safety of all road users.
- Left-Turning Hazards: When a vehicle turning left fails to give way to an oncoming cyclist, it can lead to a “left hook” collision. Drivers tend to focus more on larger vehicles and might overlook a bicycle rider. Cyclists should approach intersections cautiously and be mindful of this tendency.
- Right-Turn Dangers: This type of accident, often known as a “right hook,” occurs when a motor vehicle makes a right turn in front of a cyclist they recently passed. Drivers often forget about bikers once they are no longer in their immediate vicinity. Cyclists need to anticipate and react accordingly when approaching areas where a vehicle ahead or beside them may unexpectedly turn right.
- Unexpected Car Door Collisions: These incidents often occur when parked vehicles are involved. As a driver, it’s important to check your mirrors and blind spots before opening your door to ensure there are no bicyclists, pedestrians, or other vehicles approaching from behind.
Various situations can lead to bike accidents, so it’s important for cyclists to exercise caution and use proper lighting to prevent them. Of course, protective gear like helmets can be crucial to minimize injuries, but driver negligence often plays a significant role in these accidents.
If you have been involved in a Florida bike accident, seek legal advice from a Florida bicycle accident lawyer from a reputable personal injury law firm like Cohen and Cohen Law to protect your rights. We’re here to represent bicycle accident victims under Florida bike law in all Florida counties.
Addressing the Evidence in the Aftermath of a Florida Bike Accident
If you’ve been involved in a bike accident in Florida, you will need to begin gathering and protecting evidence for your personal injury claim. Cohen and Cohen Law can provide you with the guidance you need throughout this process, but it is important to know some initial steps to follow:
- First, Focus on Your Well-being: Prioritize your health by seeking immediate medical attention. Undergoing prompt medical evaluation not only protects your well-being but also establishes important documentation of your injuries. Even if your injuries seem minor, it’s important to seek medical assistance without delay.
- Document Evidence at the Accident Scene: If possible, take photos or videos of the accident scene, including any hazardous conditions, vehicle damage, relevant traffic signs, your injuries, and any damage to your bicycle. Because evidence at the scene can disappear quickly, it’s important to capture it as soon as you can after addressing injuries.
- Gather Witness Statements: Take down the contact information of any witnesses who saw the accident occur. These individuals can provide valuable testimony to support your claim. Make sure to record their contact information details for future reference.
- Report the Accident: Be sure to report the accident to the police. A copy of the police report contains vital information, including the officer’s assessment of fault. Cohen and Cohen Law can assist you in securing the police report.
- Keep and Organize Physical Evidence: Retain copies of essential documents, such as medical records, police reports, and any other relevant paperwork. It’s also important to hold onto any damaged biking gear and personal belongings as evidence.
- Contact Experienced Florida Bicycle Accident Attorneys: Reach out to Cohen and Cohen Law as soon as possible. Our knowledgeable attorneys will guide you through the evidence-gathering process, seeking to ensure that no pertinent details are overlooked.
Gathering solid evidence from the outset helps to build a robust personal injury claim after a bicycle accident in Florida. The bike accident lawyers at Cohen and Cohen Law are here to support you in evidence-gathering from the start of your case.
Determining the Worth of Your Florida Bike Accident Case
If you find yourself involved in a bike accident in Florida, it’s important to know how the value of your case is determined.
Types of Damages in a Florida Bicycle Accident Case
The three general categories of damages in a Florida bicycle accident case are economic, non-economic, and punitive damages:
- Economic Damages: These tangible financial expenses due to the accident can include medical bills and projected future medical costs, lost wages and projected loss of earning capacity, bicycle repair/replacement, and other property damage due to the bike accident.
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life are all intangible losses that have a significant impact on your life. Permanent disability or disfigurement, though physically apparent, also often leads to losses often involving ability and/or lowered perception of self and confidence that are categorized as non-economic damages.
- Punitive Damages: These damages are typically reserved for particularly egregious acts, and are meant to punish and deter such behaviors. Your attorney can assess whether they may apply in your case.
Factors Affecting Case Value Following a Bike Accident in Florida
While each case is unique, there are certain factors that can influence the amount of compensation you may be eligible to seek. Many elements are considered:
- Assessing the Credibility of Those Involved: One factor affecting the value of a bicycle accident case is the credibility of each party, including yourself as the injured person and any witnesses. How consistent are the accounts across parties? Are the witnesses’ testimonies reliable? How credible is the defendant?
- Addressing the Scope of Injuries: What is the severity of your injuries? What potential increased medical expenses do you face, and how will the nature of your injuries affect you in the longer term?
- Modified Comparative Negligence: Florida applies the concept of comparative negligence, which means that potential compensation may be reduced based on your percentage of fault if one is found to be partially at fault for an accident. Under Florida’s modified version of this legal concept, someone found to be over 50% at fault may not recover compensation.
- Weighing the Quality of the Evidence: It is wise to work with your attorney to collect strong and compelling evidence to enhance the value of your claim. This may include medical records, witness statements, and reports from experts.
Note that under Florida’s Statute of Limitations, you typically have two years from the date of the accident to file a personal injury lawsuit. Failing to meet this deadline can significantly impact your ability to pursue damages.
If you’re seeking legal representation and guidance for your bike accident case in Florida, contact the experienced bicycle accident attorneys at Cohen and Cohen Law today to request a free consultation. We can provide you with the assistance and support you need during this challenging time.
Why You Should Promptly Hire a Lawyer After a Bicycle Accident in Florida
It can be overwhelming when you find yourself dealing with the aftermath of a bike accident. You’re coping with injuries and legal complexities. That’s where an experienced personal injury lawyer from Cohen and Cohen Law can step in and provide you with valuable assistance and direction, while removing a significant portion of the burden so you can focus on your recovery.
Here are some reasons why you should work with Cohen and Cohen Law to pursue your Florida bicycle accident claim:
- Legal Knowledge and Experience: Our team of attorneys has in-depth knowledge of Florida personal injury law. We are well-versed in the regulations and can navigate your bicycle injury case accordingly.
- Bicycle Accident Investigation: We leave no stone unturned when it comes to investigating your accident. Our dedicated team will gather vital evidence and consult accident reconstruction experts whenever necessary.
- We Handle Negotiations with the Insurance Companies: Dealing with insurance companies can be challenging, but you don’t have to face it alone. We will handle all communication and negotiations, ensuring that you are seeking an appropriate settlement to cover your losses.
- Experienced Trial Representation: In the event that a fair settlement cannot be reached, our seasoned trial lawyers will fiercely advocate for your rights in court. We will present a compelling case on your behalf to fight for the compensation you need.
- We Help to Bring You Peace of Mind: By entrusting your case to us, you can focus on your recovery. We will handle all the legal complexities, allowing you to have peace of mind in knowing that we are seeking the maximum compensation that you need.
Florida residents can rely on Cohen and Cohen Law to provide them with unrelenting guidance and support following a bicycle accident, and we invite you to begin with a free initial consultation.
Schedule a Free Consultation with Cohen and Cohen Law to Discuss Your Florida Bicycle Accident Case
A bicycle accident in Florida can leave you with severe pain and injuries, mounting expenses for medical treatment, and perhaps the inability to work. An experienced bike accident attorney at our law firm can guide you through the next steps to take control of your situation and seek fair and appropriate compensation if your injuries occurred due to another party’s negligence. Our knowledgeable legal team is prepared to help you in all Florida counties.
Contact us today to schedule your free initial consultation with an experienced Florida bicycle accident attorney at Cohen and Cohen Law by calling (800) 332-6436(800) 332-6436 or by filling out our online form. You will retain access to your lawyer via their cell phone number. When you work with us, you will be treated like family.
We will gather the important details of your case and direct you regarding the right way to proceed. This first meeting is always free, with no obligation or pressure. There is no fee unless we win.
Experience Matters — Serving Florida for Over 50 Years
Frequently Asked Questions About Bicycle Accidents in Florida
What should I do immediately after a bicycle accident in Florida?
If you’re involved in a bicycle accident in Florida, the first thing you should do is ensure safety and seek medical attention for any injuries. It’s also crucial to report the accident to the authorities. Take the time to gather information at the scene, including documenting evidence with photos. Considering that every case is unique, consulting an experienced Florida personal injury attorney is essential for personalized guidance tailored to your specific situation.
Are cyclists required to wear helmets in Florida?
In Florida, bicycle riders or passengers under 16 years old are mandated by law to wear helmets. Cyclists over 16 are not required to wear a helmet, but it is generally wise for all cyclists to do so for safety purposes.
Is there a time limit for filing a bicycle accident claim in Florida?
The statute of limitations for filing a personal injury claim following a bicycle accident in Florida is generally two years from the date of the incident.
What types of damages can be claimed in a bicycle accident in Florida?
Damages in a Florida bicycle accident claim may include economic losses such as medical expenses, lost wages, and property damage. Additionally, you may seek compensation for non-economic damages that might potentially include pain and suffering, emotional distress, and loss of enjoyment of life.
Can cyclists claim compensation for injuries and damages in Florida?
In Florida, cyclists can seek compensation for injuries and damages if they can prove that another party’s negligence caused the accident. This generally involves providing compelling evidence of losses, such as medical expenses, lost wages, property damage, rehabilitation costs, and pain and suffering due to a bicycle accident.
Moreover, Florida follows a modified comparative negligence rule, which adjusts liability and potential compensation based on each party’s percentage of fault. Individuals who are more than 50% responsible for an accident are ineligible to claim damages.
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