Boca Raton Bicycle Accident Lawyers
Bicycle Accident Attorneys That Put You First
Statistics show that Florida is among the most dangerous states in the nation for cyclists. If you’ve had a bicycle accident because of another road user’s negligence, you may be entitled to compensation.
However, Florida bicycle accident claims can be a minefield. When you launch a legal challenge against a motorist, it’s not the motorist themselves you need to worry about; it’s their insurance company.
Insurers employ teams of high-powered attorneys to defeat claims like yours whatever way they can.
Our Boca raton bicycle accident lawyers help you fight back.
The Dangers of Cycling in Florida
A UC Berkeley study published last year reported that Florida had 222 cyclist deaths in 2022, more than any other state. This accounted for just over 20% of the overall number of cyclists killed in the US that year; Florida’s share of the overall US population is around 7%.
So, why is cycling so dangerous in the Sunshine State?
- Road designs: Many Florida roads (especially in suburban and rural areas) were designed for high-speed car travel, not cycling. Wide lanes, tight shoulders, and a shortage of dedicated bike lanes all make safe cycling more difficult.
- Year-round cycling: Unlike northern states where winter reduces bike traffic, Florida’s warm climate keeps cyclists on the road year-round. Greater annual bicycle traffic leads to more cycling accidents.
- General road safety issues: Statistics from the Insurance Institute for Highway Safety (IIHS) show that Florida has a poor record when it comes to road accidents generally. There are 1.42 deaths per 100 million vehicle miles traveled in Florida, compared to a national average of 1.26.
Does Insurance Protect Florida Cyclists?
When one car hits another, each driver’s Personal Injury Protection (PIP) coverage should kick in to meet basic costs. So, what happens when a cyclist is involved?
Fortunately, the same rule generally applies. If you have an auto policy, your PIP should cover you for accidents that happen while you’re on your bike. However, it’s likely that your PIP policy won’t cover all your costs. These can rack up quickly, and some Florida PIP policies offer as little as $10,000 in coverage.Â
Plus, PIP only deals with economic damages. If another party was at fault for your accident, you could be entitled to significant noneconomic damages as well (we cover the full range of potential compensation in the next section).
For these reasons, many victims choose to work with our Boca Raton personal injury attorneys to file a lawsuit.
Damages in Boca Raton Bicycle Accidents
You may be entitled to a range of economic and noneconomic damages following a cycling accident, including:
- Medical expenses: Lifetime medical bills following serious cycling accidents often stretch into six-figure sums, particularly those involving severe brain or spinal injuries. Even less serious crashes can come with significant short-term healthcare costs.
- Lost income: You should be entitled to recover any wages you missed out on while recovering and any loss of future earning capacity if your injuries have had a long-term effect on your ability to make a living. However, calculating lost future earnings is a complex, uncertain process, and the at-fault driver’s insurance company is likely to challenge whatever valuation you present. For this reason, it’s imperative to work with a bicycle accident attorney who knows how to estimate these damages accurately, and to negotiate effectively for them.
- Property damage: You may be entitled to repair or replacement costs for your bicycle, helmet, and other personal property (particularly fragile, expensive items like laptops, smartphones, etc.) damaged in the crash.
- Pain and suffering: As noted above, your bicycle accident compensation may not be limited to economic costs. Noneconomic damages cover issues that don’t have a direct dollar value, but still negatively impact your life. These include physical pain, emotional distress, loss of enjoyment of life, and loss of consortium with your partner.
Claiming these damages won’t be as simple as ticking a few boxes. Your attorney will have to present detailed evidence of the harms you’ve suffered and the compensation you need.
Who Might Be Liable?
If a car knocks you off your bicycle, it’s likely that the driver will be liable to compensate you for your losses (especially if they were violating traffic laws or driving recklessly). However, this isn’t always the case.
If the person who caused your crash was driving for work, their employer could be responsible under Florida’s vicarious liability laws. For example, if a truck driver struck you while making scheduled deliveries, the company that employed them could be on the hook for your damages.
Or, if your accident occurred because of poorly maintained roads, missing signage, malfunctioning traffic lights, or an unsafe bike lane, the local authority in charge of the relevant facility might be liable. However, because of sovereign immunity, claims against government bodies can be more challenging than those involving only private entities.
How We Handle the Case Process for You
- Immediate outreach and investigation: Your attorney will gather police and incident reports, review any available footage from cellphones, dashcams, and traffic cameras, and speak to any eyewitnesses that may be able to share helpful testimony.
- Management of medical records: We’ll liaise with any doctor, hospital, or clinic that has provided you with medical care, ensuring we have all the documentation we need to build a strong case on your behalf.
- Negotiation with defendants: Most bicycle accidents don’t make it in front of a judge and jury. Instead, they end in settlements, where both sides agree to a resolution by themselves. This has the potential to save you a lot of time and money. Of course, if a reasonable settlement can’t be reached, we won’t hesitate to go to court to uphold your rights.
Frequently Asked Questions (FAQs)
- Can I recover compensation if I was partially at fault for my bicycle crash?
Yes. Florida follows a modified comparative negligence rule, which means you can still recover damages even if you were partly responsible for the accident, as long as you weren’t more than 50% at fault. Your compensation will be reduced by your percentage of fault—for example, if you’re found 20% at fault, you’ll only be entitled to recover 80% of the overall value of your damages. If you are more than 50% at fault, you recover nothing.
- Can I sue a driver who hit me if they don’t have insurance?
Yes, but collecting compensation may be more challenging; uninsured drivers are often uninsured for financial reasons. If a driver can’t afford insurance, they won’t be able to afford to pay you a five- or six-figure settlement out of pocket. You might alternatively be able to recover damages through your own uninsured/underinsured motorist coverage. Our attorneys can work with you to find the best path forward.
- How long does a typical bicycle accident claim take to resolve?
This varies widely. Some claims can settle in a few months if liability is clear and injuries are relatively minor. More complex cases involving severe injuries, disputed fault, or multiple defendants can take a year or more, especially if they go to trial.
- What if I wasn’t wearing a helmet at the time of my accident? In Florida, adult cyclists are not legally required to wear helmets. However, if your injuries were worsened by your failure to wear a helmet, you may lose out on some compensation because of comparative negligence.
When to Contact Our Bicycle Accident Attorneys in Boca Raton
It’s important to remember that bicycle accident claims in Florida are subject to strict deadlines (the statute of limitations is typically two years from the crash date). The sooner you start the process of seeking compensation, the easier it will be for our Boca Raton bicycle accident lawyers to build a strong case on your behalf.Â
Reach out today to schedule a free initial consultation by calling (561) 367-7799.
