How to Protect Your Rights After a Bicycle Accident in Florida

Protect Your Rights After a Bicycle Accident in Florida

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.

Common Causes of Bicycle Accidents: How an Attorney Can Help You

common causes of bicycle accidents

As cycling gains popularity as both a recreational activity and an eco-friendly mode of transportation, the roads have become a shared space for cyclists and motorists. Unfortunately, bicycle accidents are not uncommon, leading to injuries and legal complexities. In this article, we explore the common causes of bicycle accidents and shed light on how Adolphe Law Group, a trusted law firm in Florida, can provide legal assistance to those affected.

On the Road to Justice: Understanding Bicycle Accidents and Legal Remedies

With an increasing number of cyclists sharing the road with motor vehicles, the potential for accidents has risen. Understanding the common causes of bicycle accidents is crucial for both cyclists and motorists to promote road safety and prevent avoidable incidents. Adolphe Law Group, based in Florida, recognizes the unique challenges faced by cyclists and is committed to ensuring justice for those involved in bicycle accidents.

Navigating the Roads: Common Causes of Bicycle Accidents

Distracted Driving:

One of the leading causes of bicycle accidents involves distracted driving. When motorists are not fully attentive to the road, they may fail to notice cyclists, leading to collisions. Adolphe Law Group works to hold distracted drivers accountable for their negligence, seeking compensation for injured cyclists and emphasizing the importance of responsible driving.

Right of Way Conflicts: Intersection Woes

Intersection Collisions:

Intersections are potential hotspots for bicycle accidents, often due to right-of-way conflicts. Cyclists may be at risk when motorists fail to yield or disregard traffic signals. Adolphe Law Group advocates for cyclists involved in intersection collisions, leveraging legal expertise to navigate the complexities of determining liability and securing rightful compensation.

Dooring Incidents: The Danger of Unaware Passengers

Parked cars pose a unique risk to cyclists, as “dooring” occurs when a car occupant opens a door without checking for approaching cyclists. Adolphe Law Group assists cyclists in such incidents, helping them pursue compensation for injuries sustained due to the negligence of vehicle occupants.

Unsafe Passing: The Importance of Safe Overtaking

Cyclists may be vulnerable to accidents when motorists attempt to pass without providing a safe distance. Adolphe Law Group works to establish liability in cases of unsafe passing, seek justice for cyclists injured as a result, and promote awareness of safe overtaking practices.

Poor Road Conditions: Navigating Legal Terrain

Cyclists may face risks from poorly maintained roads, including potholes, uneven surfaces, or lack of proper signage. Adolphe Law Group advocates for cyclists affected by accidents caused by inadequate road conditions, holding responsible parties accountable and addressing the need for proper road maintenance.

Impaired Driving: The Dangers of Driving Under the Influence

Alcohol or drug impairment significantly increases the risk of accidents involving cyclists. Adolphe Law Group supports cyclists impacted by accidents caused by impaired drivers, seeking compensation and emphasizing the importance of strict consequences for driving under the influence.

How Adolphe Law Group Can Assist You

Navigating the legal aftermath of a bicycle accident requires expertise and commitment. Adolphe Law Group, with its extensive experience in personal injury law, offers comprehensive assistance to individuals affected by bicycle accidents in Florida.

Legal Consultation and Evaluation:

Adolphe Law Group provides free initial consultations to assess the specifics of each case. Understanding the nuances of the accident, gathering evidence, and evaluating the extent of injuries are crucial steps in building a strong legal strategy.

Determining Liability:

Establishing liability is a key aspect of seeking compensation for bicycle accidents. Adolphe Law Group meticulously examines the circumstances surrounding the accident to determine fault and hold responsible parties accountable.

Negotiation with Insurance Companies:

Dealing with insurance companies can be complex, and Adolphe Law Group is adept at negotiating on behalf of clients to ensure fair compensation. Whether through settlements or litigation, the firm works tirelessly to secure the best possible outcome for clients.

Court Representation:

In cases where a fair settlement cannot be reached, Adolphe Law Group provides strong court representation. The legal team is prepared to navigate the courtroom, presenting a compelling case to seek justice for injured cyclists.

Advocacy for Injured Cyclists:

Adolphe Law Group is not just a legal advocate; the firm is a voice for injured cyclists. The team is passionate about promoting road safety and holding negligent parties accountable, contributing to a safer environment for cyclists.

In the aftermath of a bicycle accident, Adolphe Law Group not only seeks financial compensation for the injured but also strives to bring about positive change. By advocating for road safety and holding negligent parties accountable, the firm contributes to creating a safer environment for cyclists in Florida. The legal team at Adolphe Law Group is committed to being a steadfast ally for those navigating the challenging aftermath of a bicycle accident. With a dedication to justice, a wealth of legal expertise, and a passion for promoting the well-being of cyclists, Adolphe Law Group ensures that individuals affected by bicycle accidents receive the comprehensive support and legal representation they need to rebuild their lives.

Conclusion

As cycling becomes an integral part of transportation and recreation, the risk of bicycle accidents cannot be ignored. Adolphe Law Group, based in Florida, stands as a pillar of support for cyclists impacted by accidents, offering legal expertise to navigate the complexities of personal injury claims. By addressing the common causes of bicycle accidents and advocating for the rights of injured cyclists, Adolphe Law Group ensures that justice prevails on the road to recovery.

What Insurance Covers Bicycle Accidents

What Insurance Covers Bicycle Accidents

Cycling lessens traffic congestion and pollution, which benefits the environment. Additionally, it benefits your health. Many people in Florida travel and exercise on bicycles every day. But there are risks specific to riding a bike. What occurs if a car strikes you when you’re bicycling? Are bicycle accidents covered by vehicle insurance in Florida?

Absolutely, your damages should be covered by your auto insurance. Who caused the accident will determine which insurance is used. Make sure to get in touch with a bike accident lawyer in Florida if you are involved in an accident. We can help you file or, if required, pursue legal action. This piece offers a more thorough examination of how bicycle mishaps are resolved and what kind of insurance you can obtain to safeguard yourself.

Is a Bicycle Collision Covered by Auto Insurance?

Bicycle and pedestrian accidents are covered by auto or automobile insurance in Florida. So, does Florida auto insurance cover accidents involving bicycles? It does, indeed. If you are in an accident and you have auto insurance, you are covered under the PIP coverage that the state mandates. Here are some important facts about this kind of coverage. 

PIP Insurance Requirement in Florida

In Florida, personal injury protection (PIP) coverage is mandatory for all drivers who carry auto insurance. In order to cover property damage, the state also mandates that drivers with auto insurance obtain a property damage liability (PDL) policy. The Florida Statutes require this.

PIP is also considered a no-fault coverage in accordance with this Florida statute. Florida does not assign blame. Your personal injuries will be covered under the no-fault insurance system in the event of a bike accident, despite who is at fault. Therefore, regardless of who is deemed to be at fault, medical costs and lost income of the injured party are covered by vehicle insurance coverage. You ought to be automatically covered by PIP as long as you own a car. 

PIP Insurance for a Florida Bicycle Accident

Standard PIP coverage in Florida covers up to 80% of medical expenses and 60% of lost income as a result of a bicycle accident. The policy’s coverage limitations will determine the worth of the coverage. You’ll be responsible for paying out-of-pocket costs if the damages exceed the coverage amount. Additionally, you can add coverage to your PIP to make it worth more.

PIP is insurance that is based on claims; it must be mentioned. Within 14 days of the accident, you must submit a bicycle accident claim to your insurance company. You can get help with the next steps from a Florida bicycle accident lawyer.

How Much Coverage is Available to me Under a Policy for Personal Injury Protection?

PIP is able to provide at least $10,000 in coverage for any injuries, lost income, and medical expenses incurred in a bicycle accident. This is the bare minimum coverage; for greater security in the event of an accident, you may always get a higher policy.

If you live in the same home as a family member and do not have your own auto or bicycle insurance, you may use that person’s PIP policy, according to Florida statutes. However, since PIP only covers personal injuries, you are unable to utilize the driver who struck you coverage.

Policies From Which You May Obtain Coverage Following a Cycling Mishap

The topic of whether Florida vehicle insurance covers bicycle accidents has already been addressed. When you are in a bike accident, you can obtain coverage from many fault-based policies in addition to a regular auto insurance policy. However, if you only have a basic policy for your house or rent, you won’t be covered for an accident on a bicycle. The many policy kinds from which you can obtain coverage are shown below. 

Health Benefits

Do bicycle accidents get covered by health insurance? It does, indeed. After an accident, having personal health insurance can help you receive the necessary medical care. Regardless of who is at blame, the full amount of your coverage will be able to cover your medical costs. Your health insurance policy may, under some circumstances, also pay for rehabilitation treatments and lost wages.

Uninsured Driver Protection (UM)

If the other driver is uninsured or hits and runs, your uninsured motorist coverage will pay for your losses and injuries. This is valuable coverage, particularly in a state like Florida, where accidents can occur at any moment due to the high number of uninsured drivers on the road.

Insurance for Underinsured Drivers (UIM)

Similar to uninsured motorist coverage (UM), underinsured motorist coverage kicks in when another driver has auto insurance but not enough coverage to pay for all of your injuries and damages. According to Florida state law, having UM and UIM is optional, but getting these policies is strongly advised if you want additional security. In the event that you are uninsured, you may utilize a family member’s policy.

Riding my bike, I was hit by a car. Is it possible to Sue?

You certainly can. You have the right to sue the negligent driver to recover damages from them if you are hit by a car while riding your bike. A verified medical record of your injuries, together with any evidence of equipment and bicycle damage, must be shown.

You must show that the driver’s negligence caused the collision in order to prevail in court. You have the option to sue the driver who was at fault even if you had made an insurance claim. Make sure you choose a knowledgeable personal injury lawyer to assist you with the initial steps of the process by contacting your Florida accident lawyer. 

Conclusion 

Are bicycle accidents covered by vehicle insurance in Florida? Yes, it does if you have coverage on your auto insurance. This is due to the fact that PIP coverage—which covers medical expenses up to the policy maximum—must be included in your auto insurance policy. You can make a claim with the other driver’s BIL insurance if they have one, if you don’t have PIP. Another option is to bring legal action against the responsible party.

If you have been in a bicycle accident and are located in Fort Lauderdale, Tampa, Hallandale, Jacksonville, West Palm Beach, or any other location in Florida, the Law Offices of Adolphe Law Group can assist you in getting compensation. Get a free consultation right now.