Daytona Beach Bicycle Accident Lawyer
Bicycle riders have the right to use the road and deserve the same consideration and care as other motorists. However, cyclists lack many of the protections that car drivers have, so collisions with motor vehicles routinely cause severe injuries or death. In fact, Florida has one of the highest fatal cyclist accident rates in the nation. Bicycle riders are also at risk of accidents due to product defects, such as defective tires or brakes.
Bicycle injuries can take a massive toll on your personal and professional life, and responsible parties should be required to pay for your losses. If you or a loved one has sustained an injury from a bicycle accident, call the personal injury attorneys at Zimmet & Zimmet. Our lawyers have been providing Daytona Beach area residents with effective and reliable legal services since 1975. We can help you file a claim to recover compensation for your injuries that will help you regain stability in your life.
Contact the attorneys at Zimmet & Zimmet today to speak to a Daytona Beach bicycle accident lawyer in a free consultation.
Why Should I Hire an Attorney for My Bicycle Accident Claim?
Many people think that cyclists are usually to blame for traffic accidents. Cycling injury victims can have a difficult time getting their voices heard, as insurance companies and at-fault drivers might minimize or outright dismiss their injuries and suffering. Insurers might deny a bicycle accident claim on the grounds that the cyclist was actually at fault for the accident.
That’s where we come in. Zimmet & Zimmet understands the pain and hardship that cycling injuries can cause. We have five decades of experience helping accident injury victims and know how to fight for their best interests. Our lawyers can negotiate with the insurance companies and counter any tactics they try to avoid payment, while providing additional legal and emotional support throughout your bicycle accident case.
Effective legal counsel requires a compassionate and empathetic approach. We never see our clients as just numbers or a payday to us. They are people first and foremost and deserve to have someone hear their side of the story. We don’t just want to help you recover your financial losses; we also want to see you rebuild and move forward in your life.
What Should I Do After a Bike Accident?
Once the accident scene is secure and the police have arrived, and if your injuries permit, try to acquire as much evidence as possible. Take pictures of where the accident happened, of your injuries, and of damage to your bicycle and the other car. Be sure you get the driver’s insurance information, too, so you can file a claim against their insurance company.
Next, see a doctor about your injuries, even if they seem minor. Injuries from a bicycle accident may have delayed symptoms, and insurance companies will ask for proof of your injuries if you file a claim. Keep copies of all relevant information, such as lab reports, diagnostic test results, imaging, prescription lists, discharge paperwork, and hospital bills.
Next, contact a bicycle accident attorney at Zimmet & Zimmet. We can start the insurance claims process and ensure all required documents are submitted. Our lawyers will work to negotiate an appropriate settlement with the insurance company. If they will not offer a reasonable settlement, we can file a bicycle accident lawsuit. Our law firm has experience in court and can present a compelling case that demonstrates why you deserve compensation.
What Compensation Can I Recover After a Bicycle Accident?
Florida is a no-fault state for auto insurance, meaning drivers typically file a claim through their own insurance company after a wreck. All Florida registered vehicle owners must carry personal injury protection (PIP) coverage to pay for any injuries or lost income from an accident.
If a motorist strikes a cyclist, the cyclist can file a PIP claim under their own insurance policy if they have one. PIP coverage will pay for up to 80 percent of your medical expenses and 60 percent of your lost wages, up to a limit of $10,000.
However, Florida law does not require cyclists to carry PIP coverage like it does motorists. If a cyclist doesn’t have PIP coverage through their own insurer or through a household family member’s policy, the other option is to file a PIP claim with the at-fault driver’s insurance company.
Cyclists can also file a claim through both their PIP coverage and the at-fault driver’s insurance company if neither settlement alone is enough to recover their losses.
In situations where the bicyclist’s injuries are permanent and significant, they may be entitled to file a lawsuit against the at-fault driver for their accident-related losses not covered by PIP.
There are complex laws that surround finding other sources of recovery beyond the at-fault drivers’ insurance policy. It is extremely important to hire an experienced lawyer who not only understands how to find other sources of recovery but will leave no stone unturned during the investigation to find them. Many times this is the difference between no recovery and recovering millions of dollars.
Bicycle accident compensation from a lawsuit can include money for medical bills and lost income, as well as:
- Reduced earning capacity
- Continuing medical expenses
- Pain and suffering
- Emotional distress and trauma
- Loss of life enjoyment
- Disfigurement or scarring
- Loss of consortium
- Property damage
Florida’s no-fault laws surrounding insurance can complicate your ability to recover adequate compensation. That’s why it’s important to work with an experienced Daytona Beach bicycle accident attorney to maximize your compensation after a Florida bicycle crash.
What Are the Florida Bicycle Laws?
Florida law generally treats bicycles the same as motor vehicles, and cyclists must follow all the same laws as cars on the road. Cyclists must obey all traffic signals and signs, yield to those who have right-of-way, and operate their bicycles safely and with regard for others. The following are some additional regulations more specific to cyclists:
- Cyclists must ride on an attached seat.
- Bicycles should never carry more passengers than their design accommodates.
- Children under 4 years old or 40 pounds must ride in a separate secured carrier.
- Riders and passengers under 16 must wear a helmet.
- Cyclists must ride in a bike lane or, if no lane is present, as close to the right-hand curb as they can practically get.
- Cyclists on a roadway must not ride more than two side-by-side.
- Cyclists riding after sunset must have a light source on the front of their bikes that is visible from at least 500 feet away.
Violating these rules is a non-criminal traffic citation. Cyclists must always be aware of and follow the rules of the road. If you disregard these rules and sustain an injury, it might reduce or complicate your claim for financial compensation.
What Are Common Causes of Bicycle Accidents?
Cyclist-motorist collisions are often a result of motorist negligence and inattention. Some common causes of bike accidents include:
- Distracted driving
- Aggressive driving
- Failing to yield to cyclists
- Ignoring traffic signals and road signs
- Not signaling before turns
- Unsafely overtaking and passing cyclists
- Running cyclists off the road
If the injured party can show that their injuries happened because of the driver’s negligent behavior, they may have a claim for financial compensation.
Cycling injuries also sometimes happen because of defective bike parts or equipment. Examples of defective bike parts that might cause injury could include:
- Seats
- Tires/wheels
- Brake cables or pads
- Gear chains
- Handlebars
- Wheel fork
- Frames
- Helmets
- Batteries (for eBikes)
If an injured cyclist can demonstrate that a defective bike part or design caused their accident and injuries, they could potentially file a product liability claim against the part manufacturer for compensation.
What Are Common Types of Injuries from Bicycle Accidents?
Cyclists and their bikes have significantly less mass than automobiles, so the blunt-force trauma from bicycle-motorist collisions can cause catastrophic and often fatal injuries. Cyclists may also suffer injuries when they fall from their seats and strike the road or other objects. They could incur injuries such as:
- Chest injuries
- Broken bones
- Spinal cord injuries
- Road rash
- Soft-tissue injuries
- Organ damage
- Lacerations
- Concussion or traumatic brain injury (TBI)
- Facial and dental injuries
- PTSD