Bicycle accidents can lead to severe injuries, and Florida is one of the most dangerous states for cyclists. In fact, according to the People Powered Movement (PPM), Florida consistently ranks among the top states for bicycle fatalities, with Florida having 5,952 bicycle collisions in 2021. These crashes caused 5,574 injuries and 169 deaths.. With this in mind, knowing your rights and how to protect them after a bicycle accident is crucial.
If you’ve been injured in a bicycle accident in Florida, your focus should be on recovery. However, navigating the legal process for compensation is equally important. This blog will outline the necessary steps to protect your rights and ensure you receive the compensation you’re entitled to, while explaining why hiring a bicycle accident lawyer in Florida is a critical part of this process.
Step 1: Seek Immediate Medical Attention
The first step following any bicycle accident is to seek medical attention. Even if your injuries seem minor, some symptoms can take hours or even days to manifest. It’s essential to have a healthcare professional evaluate you to rule out any underlying injuries, such as traumatic brain injuries or internal bleeding, which are common in bicycle accidents.
Additionally, getting medical attention promptly creates a medical record that will be crucial when filing an insurance claim or pursuing a lawsuit. Medical records will document the severity of your injuries and can demonstrate the impact they have had on your quality of life, supporting your case for compensation.
Step 2: Contact Law Enforcement and File a Report
In Florida, it is important to contact law enforcement and file a police report after a bicycle accident, especially if there are injuries or significant property damage. The responding officer will create a report that details the circumstances of the accident, which will be useful in establishing fault later on.
The police report will include:
- Statements from both parties involved
- Contact information of witnesses
- Descriptions of injuries
- Details of the accident scene
This official documentation will serve as valuable evidence should your case proceed to court or require negotiation with insurance companies.
Step 3: Gather Evidence at the Scene
If you are physically able to do so, gather as much evidence as possible at the scene of the accident. Take photographs of the following:
- Your injuries: Capture visible injuries from multiple angles.
- Your bicycle: Document any damage to your bicycle or gear.
- The vehicle involved: Take pictures of any damage to the car or truck that hit you.
- Road conditions and traffic signals: Include photos of traffic signals, stop signs, or any road hazards that may have contributed to the accident.
If there were any witnesses to the accident, try to collect their contact information as well. Their testimony could be crucial in proving fault.
Step 4: Report the Accident to Your Insurance
Many people don’t realize that bicycle accidents are often covered by auto insurance policies. In Florida, you may be able to file a claim under your own Personal Injury Protection (PIP) insurance, even though you were on a bike at the time of the accident. PIP insurance can cover medical bills, lost wages, and other expenses up to the policy limit, regardless of who was at fault.
Contact your insurance provider as soon as possible to report the accident and begin the claims process. Be careful when discussing the accident with your insurance company, as they may try to minimize your claim. It’s wise to consult a bicycle accident lawyer in Florida before providing a detailed statement.
Step 5: Avoid Talking to the Other Party’s Insurance
After the accident, the at-fault driver’s insurance company may reach out to you for a statement. While it might seem like a good idea to cooperate, giving a recorded statement without legal guidance could hurt your case. Insurance companies often try to get victims to admit partial fault or downplay their injuries, which can reduce or even negate any potential settlement.
Instead, refer the insurance company to your attorney. A skilled lawyer will handle all communications with the insurance company, ensuring that your rights are protected and that you aren’t taken advantage of during the claims process.
Step 6: Document Your Injuries and Expenses
After your initial medical evaluation, keep a detailed record of your injuries and how they affect your day-to-day life. Document any pain, limitations, and medical treatments required for recovery. Also, keep records of:
- Medical bills
- Prescriptions
- Therapy costs (physical or psychological)
- Time missed from work
- Bicycle repair or replacement costs
- Other out-of-pocket expenses
These records will be essential when calculating the total damages owed to you and ensuring you are adequately compensated.
Step 7: Determining Fault and Liability
Establishing who is at fault is a crucial element of any personal injury claim. Florida follows a comparative negligence system, meaning that each party’s level of fault is taken into consideration when awarding damages. Even if you were partially at fault for the accident (e.g., failing to use a bike lane), you may still recover compensation, but your total award will be reduced based on your percentage of fault.
To determine fault in a bicycle accident, your attorney will examine several factors, such as:
- Whether the driver was speeding, distracted, or intoxicated
- Whether traffic laws were obeyed by both parties
- Road conditions and visibility at the time of the accident
Step 8: Contact a Bicycle Accident Lawyer in Florida
Dealing with the aftermath of a bicycle accident can be overwhelming, especially when facing medical bills, lost income, and a complex legal process. This is why working with an experienced bicycle accident lawyer in Florida is essential. An attorney can:
- Investigate the accident and gather necessary evidence
- Work with medical experts to evaluate the full extent of your injuries
- Negotiate with insurance companies to maximize your settlement
- Represent you in court if a fair settlement cannot be reached
Bicycle accident claims can be complicated, particularly when dealing with issues like shared fault or insurance disputes. A knowledgeable attorney will protect your rights and fight to secure the compensation you deserve.
Interesting Fact About Bicycle Safety in Florida
According to the Florida Department of Highway Safety and Motor Vehicles, in 2021, over 6,000 bicycle crashes were reported in the state, resulting in nearly 200 fatalities. Florida’s year-round warm weather makes it a popular place for cyclists, but also one of the most dangerous due to high traffic volumes and a lack of dedicated bike lanes in certain areas (source: FDOT).
When You Need a Bicycle Accident Attorney in Florida
If you’ve been involved in a bicycle accident, don’t wait to protect your rights. At Adolphe Law Group, we specialize in handling bicycle accident cases and can guide you through every step of the process. Our team of experienced attorneys will ensure that your case is handled with the care and attention it deserves.
Contact us today for a free consultation at 561-660-7776, or visit our office at 3918 Via Poinciana Dr. Suite 1 Lake Worth, FL 33467. Let us help you secure the compensation you need to recover from your injuries and move forward with your life.