Any Wesley Chapel bicycle accident lawyer can attest that, while cycling is a popular way to enjoy the outdoors and stay fit in Florida, many motorists don’t give riders the space or attention they deserve. Drivers frequently cut cyclists off or drift into designated bike lanes. In fact, according to the National Highway Safety Administration, 1,166 cyclists were killed in traffic crashes in 2023.
Careless motorists have the potential to cause severe accidents with bicyclists who have little protection from large vehicles. Even if you were wearing a helmet, a collision with a motor vehicle could cause devastating injuries. When severe injuries keep you from working or participating in the activities you enjoy, we understand it can be an emotional and financial strain on you and your family.
However, it is crucial to understand that if someone else’s negligence was a factor in your accident, you can seek compensation from the negligent party. A Wesley Chapel bicycle accident lawyer can help you pursue a claim against the person responsible for your injuries and damages. We will guide you through the process of filing a claim and be there each and every step of the way as your advocates. Reach out to a compassionate injury attorney today for quality legal representation.
Typical Cycling Injuries
The injuries that normally come after a bicycle accident can be life-changing. You can suffer several types of these injuries in a cycling accident, but there are certain ones that our lawyers see most frequently. Bike riders who collide with motorcycles or are thrown over their handlebars often suffer injuries such as:
- Bone fractures
- Skin abrasions or road rash
- Severe head injuries
- Spinal cord damage
- Internal injuries, such as organ damage
It is crucial to see a doctor immediately after your biking incident so you understand the full scope of your injuries. Your injuries might cause you to need to see multiple doctors and specialists, physical therapists, and more. Not to mention the need to get to these appointments, have costly tests done, and pay for medication or medical devices.
A dedicated Wesley Chapel bicycle accident lawyer from our firm can help you determine the entire amount of compensation you deserve to receive for your damages, and use our expertise and background in insurance defense to make sure that you are fairly compensated.
What Damages Are Available To An Injured Cyclist?
If you suffered permanent injuries in a collision with a car, you might seek compensation for many types of losses. Some common documentable costs you can seek compensation for include:
- Medical costs,
- Lost time at work
- Rehabilitation expenses
- Property damage
- Mental health treatment, if necessary
An award of monetary damages might also include compensation for:
- Pain and suffering
- Disfigurement
- Loss of enjoyment of life
If the other party’s actions were especially egregious or if they intentionally harmed you, you can seek punitive damages. The state caps punitive damage awards at three times compensatory damages or $500,000, whichever amount is larger. A knowledgeable lawyer can help you determine whether seeking punitive damages is appropriate for your bike crash case.
Understanding The Cycling Laws In Wesley Chapel
Florida law states that bicyclists have the same rights and obligations as motor vehicle drivers. Cyclists should use bike lanes when available and ride as far to the right as possible on roads that lack bike lanes.
Florida Statutes § 316.20653(d) requires cyclists under age 16 to wear a helmet, but adult riders may ride without one. Further, individuals transporting children under age four must secure them in a carrier designed for small children.
These laws are meant to prevent accidents and keep you safe. However, following all these rules still does not guarantee complete safety when traveling on the road. If you were in a bike accident despite adhering to state law, you can benefit from working with a skilled lawyer on your case.
Responsibilities of Florida Motorists
Drivers have a legal responsibility to observe traffic laws for the safety of others. When drivers fail to live up to this duty, they may be liable for the ensuing injuries.
Consulting a Wesley Chapel bicycle accident lawyer may be vital in holding negligent drivers responsible for their actions. Motorist responsibilities include:
- Yielding to Bicyclists: Motorists must yield the right-of-way to bicyclists in marked crosswalks and at intersections where there are no traffic signals when the bicyclist is in the intersection or close enough to pose a hazard.
- Maintaining Safe Passing Distance: When overtaking a bicyclist, motorists must provide at least 3 feet of clearance.
- No Impaired Driving: Driving under the influence of alcohol or drugs is illegal and dangerous, and it can lead to accidents involving bicyclists.
- Respect for Bike Lanes: Motorists should not drive in designated bike lanes unless necessary for parking or turning.
- Exercising Caution: Motorists must exercise caution when encountering bicyclists and be aware of their presence, especially when making turns at intersections.
Responsibilities of Florida Bicyclists
Florida bicycle riders need to be aware of statutory provisions set out in Section 316.2065, Florida Statutes.
- Obey Traffic Laws: Bicyclists must follow the same traffic laws as motorists, including obeying traffic signals, stop signs, and right-of-way rules.
- Use Hand Signals: Bicyclists should use hand signals to indicate their intentions to turn or stop.
- Proper Lighting: Bicyclists riding at night must have a white light on the front and a red light or reflector on the back, as well as reflectors on the wheels and pedals.
- Stay in the Right Lane: Bicyclists must generally ride in the right lane, except when overtaking another vehicle or preparing for a left turn.
- No More Than Two Beside Each Other: Bicyclists should ride no more than two side-by-side, except on bike paths or roadways specifically designed for bicycle use.
Specific rules set out by these statutes address responsibilities for using bike lanes, riding with traffic, proper safety equipment for visibility and operation, and other actions that may affect safety. Talk to your lawyer about the specifics of your crash.
They can help determine your possible liability and how it may affect your claim. A Wesley Chapel bicycle accident lawyer with experience handling bicycle crashes can work with you to maximize your compensation.
Florida Bike Helmet Rules and Liability
As previously mentioned, Florida bicycle regulations require that anyone under the age of 16 wear a helmet while riding a bicycle. In fact, should a child be injured in a bicycling accident, statutes provide that the failure of a parent to allow a child to ride without a helmet may be considered evidence of the comparative negligence of that parent.
However, if someone 15 or younger is not wearing a helmet and gets hit by a car and suffers a head injury, the law does not prevent them from seeking compensation for their injuries.
If the defense enters evidence that the rider was not wearing a helmet, the jury may apportion some blame to the injured bicyclist.
What Are The Common Causes Of Bicycle Accidents?
Negligence is the primary cause of severe bike crashes. Though cyclists can be difficult to see, drivers have a responsibility to check their blind spots and yield to bicycles. Many accidents occur when inattentive drivers cut off cyclists while turning right.
Numerous collisions also stem from aggressive driving. For example, if a motorist is tailgating a cyclist and refusing to share the lane, the driver might force them off the road. Other common causes of bicycle accidents include:
- Distracted driving
- Failure to yield
- Fatigued driving
- Drunk driving
- Bad weather
- Road hazards, such as large potholes
- Lack of working streetlights
It is important to note that individuals in parked cars can also cause severe bike collisions. On streets where motorists are permitted to parallel park, drivers might open their car door in the path of an oncoming bicyclist, causing them to crash. An experienced Wesley Chapel bicycle accident lawyer can investigate the circumstances of your cycling accident to determine whose negligence may have contributed to your injuries.
What If The Bicyclist Was Partially Responsible For The Crash?
State law mandates that each party involved in an accident, including the injured person, take responsibility for their actions. This means that if you are found partially responsible for the collision, your damages award will be reduced by your percentage of fault.
Fortunately, you can seek compensation from the other person, unless you are found to be more than 50% at fault for the accident. Our personal injury lawyer can ensure you receive the maximum damages award, given your degree of fault for the bicycle accident.
What Insurance Covers A Wesley Chapel Bicycle Accident?
Because Florida is a “No-Fault” state, a bicycle rider looks to their own Personal Injury Protection (PIP) auto insurance first to pay for medical bills and lost wages. If a bicycle rider owns an insured vehicle, regardless of their fault or whether they were riding a bike or driving, that person’s PIP insurance would be the primary source for paying for medical care and lost wages. Additionally, a bicycle rider may also have Medical Payments coverage available to them on their auto policy.
Join Forces With A Wesley Chapel Bicycle Accident Lawyer Today
When you get hurt in an accident, finding a professional to help you deal with legal issues is often the best decision you can make to help yourself. You should focus all your energy on your recovery rather than on a complicated legal case.
Our Wesley Chapel bicycle accident lawyer can pursue a legal claim on your behalf, so you get the compensation you deserve. We work on a contingency fee agreement, meaning we do not get paid unless we win your case. Call Hancock Injury Attorneys today at 813-915-1110 to schedule a free consultation and to review the facts of your case.