Proving Your Bike Crash Case in South Florida
If you have been involved in a bicycle crash in South Florida, you will need to consider many factors when establishing fault, including:
Duty of Care
You need to prove that the driver had a responsibility to take care in relation to the cyclist’s safety. By law, Florida drivers must follow traffic laws and exercise reasonable caution on the roads.
Breach of Duty
You must establish that the driver failed to meet their duty of care — which could involve breaking traffic laws, driving recklessly, or not paying attention to the road.
Causation
Demonstrating that the driver’s breach of duty directly caused the accident is critical. Evidence like traffic camera footage and skid marks can serve as evidence.
Damages
A cyclist must prove that they suffered actual harm due to the accident, which could include physical injuries, medical expenses, lost wages, or damage to property.
Additional steps can strengthen your case, such as preserving relevant evidence, gathering witness statements, and documenting the accident through a police report. Our experienced bike crash attorneys at Cohen and Juda, P.A. can guide you through this process.
Modified Comparative Negligence Laws & Proving Negligence
A crucial factor in determining fault in a Florida bicycle crash is negligence. Injured cyclists must demonstrate that negligent drivers failed to exercise a reasonable level of care. Negligence can take different forms, as in a drunk driver operating their car or a driver violating traffic laws due to a distraction.
Florida operates under the legal principle of modified comparative negligence. This change from the previous “pure comparative negligence” was passed in 2023. Under this law, if you are found to be partially responsible for an accident, the amount of compensation you can seek will be reduced proportionally based on your degree of fault.
However, if you are determined to be more than 50% at fault for your injury, you cannot recover any compensation. Understanding this rule and its potential impact on your case is vital. Our knowledgeable and experienced lawyers at Cohen and Juda, P.A. can determine your approximate percentage of fault and estimate the value of your accident claim.
Bicycle Cases & Bicycle Safety in Florida
Raising awareness and concern for bicycle safety among cyclists and drivers on Florida’s roads, streets, and bike lanes is a priority for the lawyers at Cohen & Juda, P.A. As a Plantation-based law firm that serves injured cyclists throughout South Florida, we have represented countless clients in these tragic cases. We urge cyclists and motorists to uphold their duty of care when sharing the bike lanes and highways.
The Various Causes of South Florida Bicycle Accidents
Cyclists and motorists must know the many scenarios that can lead to bicycle accidents, such as:
- Bicycle Accidents at Red Lights or Stop Signs: Several types of accidents can take place at intersections. Bicyclists sometimes fail to carefully observe their surroundings, leading to collisions. Conversely, motorists may not notice the presence of bicyclists or erroneously assume they will stop. Disregarding the rules of the road, such as running a red light or a stop sign can also lead to a bicycle crash.
- Right of Way Incidents: Miscommunication or a lack of awareness can cause accidents where neither party yields the right of way, leading to an impact.
- T-Bone Collisions: A T-Bone accident occurs when a cyclist pulls out into the street from a perpendicular driveway or cross street without yielding to traffic.
- Left-Turning Hazards: When a vehicle turning left does not yield to an oncoming cyclist, it can lead to a “left hook” collision. A motorist tends to focus more on larger vehicles and might overlook a cyclist. Bicyclists should exercise caution when approaching intersections, keeping this tendency in mind.
- Right-Turn Dangers: This particular accident, otherwise known as a “right hook,” happens when a motor vehicle makes a right turn in front of a cyclist they recently passed. Drivers often forget about bikers once they are no longer in their immediate vicinity. Cyclists should anticipate and respond accordingly when coming upon areas where a vehicle ahead or beside them could take an unexpected right turn.
- Unexpected Car Door Collisions: These incidents often involve parked vehicles. As a driver, checking your mirrors and blind spots before opening your door is critical to ensuring you won’t hit a bicyclist, pedestrian, or other vehicle approaching from behind.
Gearing Up for Safety
According to Florida law, any cyclist or bike passenger under the age of 16 must wear a helmet. If you want to feel young again, wear a helmet regardless of your age. A well-fitting helmet with a strap that fastens securely can help you avoid a serious head injury if an accident occurs.
However, cyclists should make wise choices from head to toe. Before mounting your bike, lace up your sneakers because athletic shoes support bike safety. High heels, sandals, flip-flops, or bare feet may be fashionable, but they also contribute to a more dangerous bike ride.
If you have been involved in a Florida bike accident, seek legal advice from a bicycle accident lawyer from a reputable personal injury law firm like Cohen & Juda, P.A. to protect your rights. We’re here to represent South Florida bike accident victims.
Gathering Evidence After a Florida Bike Accident
If you’ve had a bike accident in South Florida, begin gathering and protecting evidence for your personal injury claim. Cohen and Juda, P.A. will support you through this process, but you can start right away with the following:
- Prioritize Your Well-being: Seek immediate medical attention, even if you think you don’t need it. Undergoing a medical evaluation following the incident protects your well-being and documents your injuries.
- Document Evidence at the Accident Scene: If you can, take photos or videos of the accident scene, including any hazardous conditions, vehicle damage, relevant traffic signs, your injuries, and any damage to your bicycle.
- Collect Witness Statements: Write down the contact information of any witnesses to the scene. These individuals can provide valuable testimony to support your claim.
- File a Police Report: Report the accident to the police because a police report contains crucial information, including the officer’s evaluation of fault. Cohen and Juda, P.A. can help you secure the police report.
- File Physical Evidence: Keep copies of essential documents, such as medical records, police reports, and any other relevant paperwork. Additionally, hold onto any damaged biking gear and personal belongings, which can serve as evidence.
- Contact Experienced South Florida Bicycle Accident Attorneys: Schedule a free consultation with Cohen & Juda, P.A. as soon as you can. Our knowledgeable and compassionate attorneys will walk you through the evidence-gathering process, accounting for every relevant detail.
Collecting strong evidence from the beginning supports you in building a robust personal injury claim after a South Florida bicycle crash.
What’s My South Florida Bike Accident Case Worth?
Types of Damages in a Florida Bicycle Accident Case
Florida’s bicycle law permits two general categories of damages: economic and non-economic damages:
- Economic Damages: These quantifiable financial expenses can include medical bills and projected future medical costs, lost wages and projected loss of earning capacity, bicycle repair/replacement, and other property damage.
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life are all intangible losses significantly impacting your life. Not all effects of injuries are visible, as permanent disability or disfigurement can lead to disability and/or a diminished perception of self and confidence included in the non-economic damages.
Factors Affecting the Value of a South Florida Bicycle Cases
While each case is unique, specific factors can influence the amount of compensation you can seek.
- Assessing Credibility: One factor affecting the value of a bicycle accident case is the credibility of each involved party, including the injured cyclist, and any witnesses. Are the stories consistent among all parties? Are the witness testimonies reliable? How credible is the cyclist?
- Evaluating the Injuries: How severe are your injuries? What potential medical expenses do you face, and how will your injuries affect you over time?
- Modified Comparative Negligence: Florida applies the concept of comparative negligence, which means that potential compensation may be reduced based on your percentage of fault. Under Florida’s modified version of this legal concept, a cyclist found to be over 50% at fault may not recover compensation.
- Quality of Evidence: It is wise to work with your attorney to collect strong and compelling evidence to support the value of your claim, which may include medical records, witness statements, and reports from experts.
Note that under Florida’s Statute of Limitations, you typically have two years from the date of the accident to file a personal injury lawsuit. Failing to meet this deadline can significantly impact your ability to pursue damages.
If you need legal representation for your bike accident case in South Florida, contact the experienced bicycle accident lawyers at Cohen and Juda, P.A. to request a free consultation. We understand Florida’s legal system can provide you with the assistance and support you need during this challenging time.
