The state of Florida is great for bicycling enthusiasts as it's almost always sunny. Several communities in the state are known for their bike-friendly policies or have started ride-sharing programs that are used by cyclists.
Unfortunately, accidents involving bikes can cause severe injuries. It could result in pain and financial stress for the driver or cyclist. An attorney in Florida who specializes in bicycle accidents can help you seek compensation. A lawyer can assist you in a number of ways. They can help you determine who was responsible for the accident.
Once the responsible party is found, they can work to get you compensation from an insurance company. Your insurance company or the other party's insurance could be responsible for paying. Alternatively, cyclists may need to file a claim against negligent drivers which includes drunk drivers, distracted drivers, and those who text while driving.
What To Do After a Bicycle Accident in Florida?
In order to win your case after an accident, you'll need to follow the necessary steps and avoid actions that could hurt your claim. As soon as a bicycle accident occurs, you will have to build a strong case. Even though it might seem like the last thing you want to think about, ensure that you do these things:
Call the Police
After an accident, notify the authorities immediately. By doing so, evidence can be preserved and the official record can be strengthened. Additionally, the police can obtain any important witness information, such as the name of the other party and insurance contact information. The police can also examine the cause of the accident, as well as any factors that may have contributed, such as drunk driving or a distracted driver. You can use this information to support your claim.
Collect Evidence
If you can, do so as soon as possible. After an accident, the scene will not be preserved, so you need to act fast. Take photos from all angles of the accident scene. Also, capture the surrounding weather conditions. Photograph your bike and your injuries. Collect contact information from any witnesses and write down what they saw.
Seek Medical Attention
It is best to do this right away. There are times when victims think they aren't injured, only to discover that they are. As a result, their insurance claims suffer. Even if you believe everything is fine, it is still best to get checked out. In any case, it strengthens your case.
Watch What You Say
Don't let the at-fault driver's apology distract you. It might be tempting to forgive a driver who hits you if his apology seems sincere. Alternatively, you may say, "I should have been more careful." Do not say this. If you say, "It's okay" or "I'm alright," you're making an admission against your interests. The other driver's insurance company will use those remarks against you to deny or minimize your claim. During settlement negotiations, anything you say can be used against you. Other than asking the driver for his contact and insurance information, do not make statements until the police officers arrive on the scene.
Florida Laws Impacting Bicycle Accidents
When it comes to accident claims, Florida is a no-fault state, you need to contact your own auto insurance provider for medical coverage after an accident. A traditional negligence claim can then be filed afterward. Even if you are 99% at fault for an accident, you can still claim 1% of damages.
The following is an overview of the bicycle laws in Florida:
- Bicycles are considered vehicles.
- Bicyclists must obey all traffic signals.
- Riders must use a fixed seat when riding.
- Bikes that are not designed for more than one person cannot carry extra passengers.
- It is the responsibility of the parents to ensure that minors do not break any Florida laws.
- A braking system must be installed on all bikes.
- Bicyclists have the same rights and obligations as pedestrians when riding on the sidewalk.
- When operating between sunset and sunrise, bikes must be equipped with lights.
- When not traveling at the same speed as other traffic, cyclists must use a separate bike path.
When you have a bicycle accident and own a vehicle, or if you live with a family member who owns a vehicle, auto insurance should cover your PIP benefits. Under Florida no-fault insurance, you may be eligible for up to $10,000 in compensation for medical care and lost income. It may be possible to file a claim against the driver who caused the bicycle accident if your PIP benefits have been exhausted.
Medical bills lost wages, and other expenses not covered by your insurance policy may also be claimed. However, an experienced bicycle accident lawyer will be better suited to coordinating payments with your PIP insurance carrier and making an appropriate claim against the negligent driver. This will help you maximize the benefits available. Additionally, it ensures that any costs your PIP does not cover are covered by the other driver's insurance.
How Do Bicycle Accident Claims Work?
The insurance company of the at-fault motorist pays most bicycle injury claims. You and the investigating officer should have received information about the driver's insurance at the scene. The police report will contain this information. When you are represented by an attorney, the attorney will handle your property damage and insurance claims from the very start of the process. In the course of settling a claim, you can consult with an attorney at any time. The other option is to notify the insurer and negotiate a settlement on your own. You should notify the driver's insurer of your intention to file an injury claim as soon as possible. Inform your own insurance company if you have an auto policy or are covered by a family member's policy.
You may be contacted right away with a quick settlement offer after notifying the at-fault driver's insurance company. It is important not to discuss a settlement until you understand the full extent of your injuries and you have fully recovered. Let the adjuster know that you're still receiving medical care and that you'll contact them when you're ready to negotiate compensation. Your injury claim value can be determined after you've fully recovered. Add up your medical bills, lost wages, and other expenses, and then multiply by one or two times for your pain and suffering.
As soon as you send the insurance company your demand packet, negotiations begin. An adjuster should be able to settle relatively minor injury claims after a round or two of negotiations. If the adjuster will not budge from the low settlement offer, or if you are blamed for your injuries, you may want to consult an attorney. It doesn't always take a call from a bicycle accident lawyer for an adjuster to offer more money. A personal injury lawsuit is the last thing the insurance company wants.
The case's value may also be affected by disputes over the facts, like those related to the shared fault. There may be disputes regarding how the accident occurred, the extent of your medical injuries, or the recovery time for your injuries, which may influence the final amount of your settlement. You must, however, avoid letting the other side cast unfair doubt on your case. A personal injury attorney for bicycle accidents can help you respond to unfair claims from the other party. Your attorney can help you determine when there is a dispute over the facts as well as when you merely should give evidence.
Should You Hire a Personal Injury Attorney?
It is traumatizing to be hit by a car while riding your bike, even if you survive the crash. If your injuries were limited to soft tissue damage, such as scrapes, bruises, sprains, or cuts, it is possible to settle the case without seeking legal representation. This type of claim is normally straightforward. Their settlement covers your medical and therapy bills, out-of-pocket expenses, lost wages, as well as some compensation for your pain and suffering. If an insurance adjuster says you don't need a personal injury attorney for your injury claim or that you can't receive compensation because you weren't wearing a bike helmet, don't believe them. The adjuster is not looking out for your best interests, but rather for the company's profit margin.
The case is different for serious injury claims. A car impacting a bike rider could easily result in a series of injuries, including head injuries, spinal cord injuries, disfigurement, broken bones, or internal injuries. Such claims can be complex and costly. It is a fact that insurance adjusters are well-known for offering lower settlements to injured claimants without attorneys. They realize that once they make their "final offer," you won't have the energy or legal knowledge to dispute it. The risk of trying to handle the insurance company on your own is too big a risk when you are suffering from serious injuries. Fortunately, most personal injury lawyers offer free consultations.
Need More Info
If you've been in a bicycle accident and seeking legal representation contact DOCS4PI as soon as possible. We can match you with the best doctors and personal injury attorneys in the region.
