Miami Lakes Bicycle Accident Lawyer

Florida Statutes Impacting Bicycle Accident Claims

Florida Statute 316.2065 defines a bicycle as a vehicle. A bicycle rider has all the rights and duties of any other vehicle. In other words, bicyclists on the road are subject to the same rights and responsibilities as motorists. Bicyclists are required to obey traffic laws, signals, and signs and exercise due care to prevent collisions with pedestrians, other bicyclists, or motor vehicles.

In Florida, motorists must exercise due care to avoid colliding with pedestrians or bicyclists. Florida Statutes Section 316.083 requires drivers to give bicyclists at least three feet of clearance when passing them on the road. When it is unsafe to give three feet of clearance, the driver must slow down and wait until it is safe to pass.

A motorist is required to stop and remain stopped at all intersections in Florida when a pedestrian or bicyclist is lawfully crossing the street in a marked crosswalk or an unmarked crosswalk, as stated in Florida Statutes Section 316.027. Also, motorists must yield to bicyclists traveling along a bicycle path or in a bicycle lane.

Bicyclists must also take precautions to remain safe while riding. Florida Statutes Section 316.2066, bicyclists under 16 are required to wear helmets when riding a bicycle. To prevent head injuries in the event of an accident, it is recommended that all bicyclists wear helmets.

Miami Lakes Bicycle Accident Injuries

No matter how minor a bicycle accident may appear, it can result in swelling, bruises, and even serious injuries that may require hospitalization. The most common injuries sustained in bicycle accidents are:

• Traumatic Brain Injuries (TBIs) are considered the most severe type of injury. It is possible that long-term consequences may result, and extensive medical treatment and rehabilitation will be required.
• Spinal Cord Injuries: Accidents involving bicycles may also result in spinal cord injuries, which may result in paralysis or limited mobility.
• Broken Bones: A broken bone is one of the most common injuries suffered in bicycle accidents, and it can range from a simple fracture to a more complex compound fracture that requires surgery.
• Soft Tissue Injuries: Bicycle accidents may result in soft tissue injuries, such as cuts, bruises, and sprains. They may require medical attention and should be treated as soon as possible.
• Internal Injuries: Life-threatening injuries can also occur in bicycle accidents, including organ damage and bleeding. The nature of these injuries can make them difficult to diagnose because they may not be immediately apparent and have serious consequences. Therefore, whether you are feeling well or not at the time of the accident, you should seek medical attention as soon as possible. 

Injured in a Bicycle Accident in Miami Lakes? Here’s What You Need to Do

If you have been involved in a bicycle accident in Miami Lakes, the following steps should be taken to protect your rights. This will ensure fair compensation. 

Follow These Steps to Avoid Hurting Your Bicycle Accident Claim:

1. Get Medical Attention: If you are injured in a bicycle accident, get medical attention right away. You should always prioritize your health and safety, and seeking prompt medical attention will also help you document your injuries and provide evidence to support your claim.
2. Report the Bicycle Accident: Call 911 immediately and the Miami Lakes police department will arrive to assist and document your accident scene. In addition to assisting you, the officer will file a police report after assessing the damages and fault. Police reports can be valuable evidence and help determine a defendant’s fault, this is a vital step.
3. Obtain Evidence: Collect as much evidence as possible from the accident scene. Take photos of the accident scene, bicycle damage, and injuries. If there were witnesses, get their contact information.
4. Don’t Admit Fault: Never admit fault for an accident, even if you think you may have contributed to it. Police investigations and your lawyer can determine fault.
5. Maintain all Accident Records: Keeping records of all medical treatments, expenses, and other expenses associated with your accident is essential. These records can support your claim.
6. Don’t Talk About the Accident: Only your attorney and medical providers should know about the details of the accident. Avoid social media or talking to the at-fault party’s insurance company about the accident. Your claim may be adversely affected by this.
7. Contact an Experienced Bicycle Accident Lawyer: An experienced Miami Lakes bicycle accident attorney at The Ward Law Group can help you navigate the legal system, protect your rights, and obtain fair compensation for your losses.

Following these steps will help you protect your rights and strengthen your claim for compensation following a bicycle accident in Miami Lakes.

Which Damages Can I Recover in a Miami Lakes Bicycle Accident Claim?

These are the possible Miami Lakes bicycle accident damages, along with the applicable Florida law that supports them.

1. Medical Expenses: Injured individuals may receive compensation for their medical expenses, including emergency treatment, hospitalization, surgery, medication, and rehabilitation. Under Florida Statute § 768.81(1)(b), damages may be awarded for “past and future medical expenses.”

2. Lost Earnings: Injured bicycle accident victims who miss work due to their injuries may be eligible for compensation. The term “lost earnings” refers to past and future earnings and any reduction in earning capacity. Florida Statute § 768.81(1)(d) allows for damages to be awarded for “loss of earnings or earning capacity.”

3. Pain and Suffering: Individuals involved in a bicycle accident may be entitled to compensation for their physical pain and emotional suffering. Pain and suffering, both past and future, as well as the loss of enjoyment of life, are all included. Florida Statute § 768.81(1)(a) allows for damages to be awarded for “pain and suffering.”

4. Damage to Property: Typically, bicycle owners are entitled to compensation if their bicycle is damaged in an accident. Florida Statute § 768.81(1)(c) allows for damages to be awarded for “property damage.”

5. Punitive Damages: Additionally, for compensatory damages, a court may award punitive damages. Those who are at fault for their reckless or intentional conduct are assigned punitive damages as a form of punishment and as a deterrent to future reckless or intentional behavior. Florida Statute § 768.72 allows for punitive damages to be awarded in certain cases, such as when the at-fault party acted with intentional misconduct or gross negligence.

6. Wrongful Death: The family of a cyclist who dies in a bicycle accident may be entitled to compensation. There are also certain expenses associated with funerals and burials, as well as compensation for loss of companionship and support. Florida Statute § 768.21 allows for wrongful death damages to be awarded to the surviving family members of the deceased.

7. Comparative Negligence: The injured party may be found partially at fault in some accidents. Damages may still be awarded in these cases, but they will be reduced based on the injured party’s percentage of fault. Due to Florida’s comparative negligence system, compensation is reduced proportionally to the percentage of fault attributed to the injured party. Florida Statute § 768.81(2) outlines the comparative negligence system in Florida.

A personal injury attorney can help you understand the complex legal system and pursue the compensation you deserve. Here are some benefits of having a qualified bicycle accident lawyer in Miami Lakes, such as The Ward Law Group, on your side.

Why Choose The Ward Law Group?

You may be wondering if you need an attorney to assist you with your bicycle accident claim if you or a loved one have been involved in a bicycle accident in Miami Lakes. While it is possible to handle a bicycle accident claim on your own, you should consult an experienced attorney. The legal process can be complicated, insurance companies can be tricky, and you might not get the compensation you’re entitled to without the assistance of an attorney. An attorney with knowledge and experience in bicycle accidents is a key advantage. Bicycle accident attorneys understand the unique challenges and legal issues associated with these types of cases. With the help of our personal injury attorneys, you can better understand your rights, determine the value of your claim, and decide how to proceed. An attorney can be especially helpful if your case is complex, or you have suffered a severe injury.

In addition, The Ward Law Group has experience negotiating with insurance companies for bicycle accident victims. It is in the interest of insurance companies to maximize profit, so they often attempt to minimize their payouts to accident victims. You can level the playing field by having our experienced team of attorneys negotiate with the insurance company on your behalf. By understanding the true value of your claim, you can get the most compensation from your insurance company. We can help you with that process. Bicycle accident attorneys at The Ward Law Group can assist you with other aspects of the legal process, including negotiating with insurance companies. In some cases, this may involve filing a claim, acquiring evidence, and preparing for a trial. 

Contact a Miami Lakes Bicycle Accident Attorney 

Our Miami Lakes bicycle accident lawyers can help you through every step of the legal process if you’ve been involved in a bicycle accident. A bicycle accident lawyer from our firm can assist you with securing the compensation you deserve following a bicycle accident. Our lawyers work closely with clients to develop a customized legal strategy to meet their needs, and we understand that every case is different. You can turn to us for help with all aspects of your case, from negotiating with insurance companies to filing a lawsuit if necessary. While we are handling your case and ensuring you get the most favorable outcome, we have a network of medical experts and other professionals to assist with your recovery.

The Ward Law Group believes that every accident victim deserves quality legal representation. This is why we offer a free consultation to help you understand your case. When you work with us, you won’t pay anything until you win. Have you been injured in a bicycle accident in Miami Lakes? Call us today at 855-DOLOR-55 or contact us online for a free consultation!