The Florida Bicycle Accident Guide was created by Victory Law Firm to help injured residents obtain maximum compensation. Call our lawyers for a review.
Have you been seriously injured in a bicycle accident and don’t know what to do next? Unfortunately, too many people end up with serious injuries after being involved in a bicycle accident caused by a negligent or careless person. Our Florida bicycle accident lawyers are here to help you through your case every step of the way in order to ensure that you get the justice you deserve. If you are looking for fierce and dependable representation please don’t hesitate to reach out to our office today to set up your first free consultation. Justice is waiting for you all you have to do is make the first call.
How These Cases Work
It is common to be confused and feel helpless after your bicycle accident but we want you to know that we will guide you through your case every step of the way. If you want to know what the case process looks like we can help you understand it here. Essentially most bicycle accident cases start with an investigation using evidence that you have collected through photos and witness contact information as well as any evidence that our Florida bicycle accident lawyers can dig up ourselves. This investigation takes place in order to determine who the liable party is.
Once we understand who the liable party is, we will file a claim against them. However, the insurance company who represents the liable party is going to be the one who is financially responsible for fulfilling your compensation award.
From here we will be able to operate under negotiations to come up with a settlement award that is full and fair for you. The settlement award is going to take a look at case value and we will bounce around between ourselves and the insurance companies to see if we can get a result that is believed to be fair.
If we are unable to secure fair results through negotiations then we are going to have to take the case to trial. You should never be afraid to go to trial because we are always going to make you feel very prepared for this. Also, it’s very uncommon for cases to end up having to go to trial but we are still going to prepare every case that we handle as if it would be going to trial.
The Value of Your Case
There are a few things that you need to know about the value of your case. First of all, we aren’t going to be able to tell you what your case value is on the first Time of meeting you. If you meet with a lawyer and they tell you that they can guarantee a result for you before they know anything about your case other than the fact that you were hurt in a bicycle accident then that’s not the lawyer for you. These cases are very fact based and require investigation to fully understand what your case value is going to be.
We also need to get a good understanding of what your medical recovery is going to look like. If you are still getting treatments when you reach out to us and you don’t know how much better you’re expected to get we are going to have to wait until we know what your maximum medical recovery is before we determine the value of your case. It is essential to our success in receiving justice for you to know how much treatment you’re going to need and how long it’s going to take for you to get better. We wouldn’t want to settle a case too early because we don’t want to risk having you need an extensive amount of medical treatment after we settle the case right away and then not being able to go back and ask for more.
You don’t get to go back and ask for a different result once our case is settled. Being patient is going to help you a lot with this because you need to know that you are given one singular chance to fight for justice.
We will not waste our opportunity. We are going to fight for you to receive compensation for the two main categories of damages that you can recover for. Economic and non-economic are the two types of damages that we investigate.
Economic damages have to do with the financial loss that you’ve suffered after your bicycle accident. If you’ve had to buy a new bicycle because yours was ruined or a new cell phone because it was destroyed in the accident those are property damages which are also considered economic damages. Economic damages can also be your medical bills and treatments such as physical therapy and surgeries. Anything that is considered a financial loss and is related to your bicycle accident is going to be included in your compensation award when we value it out.
Non-economic damages are a little harder to come up with a dollar figure for because they are more subjective but they are nonetheless important. Not economic damages can include your pain and suffering both past and future. If you ended up with a permanent injury from this accident then we are going to seek compensation for that as well. Noneconomic damages can also be considered your mental anguish and loss of life quality.
Again, until we know what your maximum medical recovery will be, we don’t understand the full extent of your damages and injuries. You should be patient while our Florida bicycle accident lawyers work to fully understand your case in order to provide you with the best possible result.
There will be pushback from the insurance company about what we believe to be fair and what they are willing to give you but we promise to fight for you every step of the way to ensure that you end up with the best possible result.
How Fault Affects Results
The insurance company is in favor of saving money and they know that in Florida the laws follow pure comparative negligence. Essentially that means that if you are blamed for any portion of the accident your compensation is going to be reduced. You could be just a small percentage at fault for the accident and they are still going to use that as an excuse to reduce what they owe you.
Pure comparative negligence allows you to receive compensation even if you were mostly at fault. The way it works is that however much you are at fault is going to be the amount in which your compensation award is reduced. For example, if you were deemed 60% at fault for this accident you can still receive compensation but 60% of the award is going to be taken off of what you can actually receive. If you were given a $10,000 compensation award but you were 60% at fault for the bicycle accident then you could only receive $4000 of that award. Our lawyers know that the insurance company is going to try to pin you for the accident but we fight against this because we know that you deserve more and that’s all they want to do is save themselves some money and that is not right.
The insurance company is going to try to get you to ruin your own case. They will ask you shortly after your accident to give them a recorded statement and if in this recorded statement they can get you to say something that is going to incriminate you, then they are going to use that against you so they can reduce what they owe you and save themselves some money on your case.
We strongly encourage that you talk to our Florida bicycle accident lawyers before you talk to the insurance company. Most lawyers are going to advise you not to even speak to them because you have no legal obligation to provide them with any statement of any kind. The only information they need from you is your contact information and your name. That’s all. If they ask for anything further and they ask for you to give them a statement that is recorded, it’s vitally important that you let your lawyers handle this communication for you as to protect your rights to justice.
We care about your justice and we don’t want to let greedy insurance companies get away with shorting you what you deserve. If you are looking for someone who’s going to fight loyally by your side to ensure that you are protected from these greedy insurance companies, please reach out to us as soon as possible.
Frequently Asked Bicycle Accident Questions
After a bicycle crash, is it a good idea to talk to insurance companies?
Just yesterday, we were speaking to a client who’s a cyclist struck by an automobile. Almost immediately after the accident, she was receiving calls from that driver’s insurance company. Fortunately, in her case, she didn’t speak with them, but it’s critically important that anyone who’s involved in an accident on their bicycle not speak with insurance company until you’ve spoken with an attorney. Insurance companies will often try to resolve your claim for pennies on the dollar or they will try to solicit a statement from you that will hurt your case and allow them to defend their insured driver. If you’re a cyclist who’s been injured here in central Florida by the negligence of a driver and you’ve received a call from an insurance company, you’re under no obligation to speak to them and you absolutely should not until you’ve spoken with an attorney. Please reach out to the Victory law firm. We are attorneys who are very skilled and experienced at handling bicycle claims. We’re here to help you.
Can I file a claim if I was partially at fault for the bicycle accident?
Central Florida being a thriving hub of bicycle enthusiasts, unfortunately, we see a disproportionate amount of injuries to cyclists compared to the rest of the nation. Cyclists share the road with vehicles but oftentimes vehicles don’t share the road with the cyclists. Now, these types of cases are different from normal automobile to automobile cases. If you’re a cyclist who’s been injured because you’ve been struck by a vehicle, one of the things that we get asked a lot is what if I’m partially to blame. I don’t know if I was supposed to yield to that vehicle when I turned at that left at the four-way stop sign. I didn’t know if I was supposed to take a right when the light was red.
Again, there’s so many vehicles on the road in Florida, and particularly in central Florida, and so many cyclists. These incidents are going to happen. If you feel that you may be partially at fault, don’t be afraid to reach out to us about that. It doesn’t preclude you from having a claim. In Florida, a driver who is involved in an accident with a bicyclist is never going to escape liability completely. Yes, there may be some fault attributed to the cyclist but it’s important that you let the attorney who’s experienced in these types of cases counsel you on that and guide you. You don’t need to jump to conclusions about whether you have a valid case or not. Let us have that conversation with you. If you’re a cyclist who’s been injured due to the negligence of a driver, please reach out to us at Victory law firm.
Do I have a claim if injured by hitting a pothole on a bike?
Central Florida is known for many things. Florida is home to millions of cyclists. In fact, we lead the nation in bicycle clubs and that’s partially due to our fantastic weather. It’s also partly due to our many trails, our bike friendly laws. There is a disproportionate amount of injuries to cyclists in Florida compared to the rest of the nation. Now, all of those injuries don’t necessarily involve vehicle and bicycle collisions. Many cyclists in Florida are injured because of the other thing that central Florida has a lot of, which is construction. Our roads are constantly under construction because of the explosion in our population, both people moving in and just the expansion of toll roads, highways, the explosion of dense population centers, cities like Orlando, Tampa, Miami, Jacksonville, the panhandle, Brevard County, Broward County. Florida is just growing and there’s construction everywhere. Many, many times, cyclists are injured because of a pothole, an unfinished road, a bad detour, damaged sidewalks, incomplete projects. If you are a cyclist who’s been injured by any one of these types of circumstances, please do not hesitate to call the Victory law firm.
Does my auto insurance protect me from a bicycle accident?
Here in Florida, we love riding bicycles. Now, a lot of times, cyclists who are injured are struck by either a hit and run driver or perhaps they are the victim of a pothole. There’s any number of ways a cyclist can get injured in Florida. Now, it takes an experienced attorney to be able to find an insurance policy that might be able to cover you for your particular incident. Now, in Florida, if you have an automobile insurance policy, that may be able to cover your medical bills but it’s important that you speak with an attorney first so that we can make this determination. As experienced bicyclist attorneys, we have the experience, the knowledge, and the ability to extract the most possible value from your case from whatever source that might be, and it may be actually your own auto insurance company or other policies. If you’re a cyclist who’s been injured here in central Florida, please don’t hesitate to call the Victory law firm right away.
How do I determine the value of my bicycle accident claim in Florida?
Just this week, we had a client who was riding her bicycle and she was struck by a vehicle. One of her first questions is what the value of her case is and how is that determined. Now, the value of a case is going to be different from every other case. The specific facts and the injuries are going to determine what the value of a case is. As a jumping off point, we normally tell clients that the medical bills are where we start out to determine what the value of your case might be. The less the medical bills, the lower the value of the case. The more severe the injuries, then the higher the medical bills, the higher the value of the case tends to be.
Now, that’s just a starting off point. From there, an experienced attorney will raise the value of the case based on other factors. Those factors include pain and suffering, which is to say how much has this case affected you, how has it affected your family, in the short-term and in the long-term, also have you missed time from work, have you lost the ability to earn wages in the future, loss of earning capacity, have you had to make personal accommodations, are you out of pocket for anything, medications. There are many things that factor into determining what the value of your case is. It’s important that you speak with an attorney who is experienced in bicycle accidents specifically, not just motor vehicle accidents or any type of other personal injury, but bicycle accidents specifically. If you’re a cyclist who’s been injured, please reach out to us at the Victory law firm.
How do I select the best bicycle accident attorney in Florida?
Florida is home to millions of bicycle enthusiasts. Unfortunately, Florida leads the entire nation in bicycle deaths. Central Florida in particular is home to many tourists who drive our roads, don’t often know where they’re going, are distracted or otherwise involved in many accidents. Likewise, we have a large elderly population which is disproportionately involved in these types of accidents. If you’re a cyclist who’s been involved in an accident, it’s critically important that you hire an attorney who’s experienced in bicycle accidents. Now, central Florida has many pathways, many trails from Cady Way, West Orange Trail, Seminole Trail. All the surrounding counties in central Florida are home to many cyclists. You want an attorney who knows what they’re talking about when it comes to bicycle accidents who’s had years of experience, including trial experience. If you’re a cyclist who’s been involved in an accident, please contact our firm as quickly as possible. Victory law firm is always here to help you. Don’t wait. These types of cases are very serious. Please reach out to us here at the Victory law firm.
How does a bike accident claim differ from a normal auto accident claim?
Here in central Florida, we are home to millions of bicycle enthusiasts thanks to our year-round weather. We have trails from Flagler County down to Broward County and everywhere in between. Here in central Florida in particular we have beautiful trails in Seminole County, Lake County, Winter County, Cady Way in Orange County. There are many places to enjoy riding bicycles here in central Florida, both on pavement and in the dirt. Unfortunately, Florida leads the entire nation in bicycle accidents. Now, how is a bicycle accident different than an automobile accident? In a lot of ways, they’re exactly the same. What we have is an automobile who strikes a bicycle. Now, that insurance for that driver is going to be held liable for that driver’s negligence. If you’re a cyclist who’s been struck by a vehicle, it’s very much like being struck by a vehicle but there are key differences. That’s why it’s important to have an attorney who’s knowledgeable and experienced in bicycle particular accidents.
A lot of time with cyclists, the accidents involve getting pushed off their path, either onto a curb, to a pole, basically a vehicle intruding into their right of way. It’s a lot different in that aspect from just a straight on vehicle staying in one lane and rear-ending somebody else or running a red light. Bicycle accidents tend to be more complex than a straight automobile versus automobile accident. There’s a lot of factors to consider and that’s why it’s very important that you not just hire an attorney who’s experienced in personal injury but one that’s experienced in bicycle accidents in particular to be able to glean the most value out of your case. If you’re a cyclist here in Florida who’s been injured by an automobile, please do not hesitate to call the Victory law firm.
How long is it going to take to resolve my bicycle accident injury claim?
If you’re a cyclist who’s been injured here in central Florida, one of the most common questions is how long my case is going to take to settle. Now, the answer to that question is it depends. Unfortunately, every case is different so no attorney can tell you exactly how long your case will take. We’ve represented many cyclists in our many years of practice. Some cases settle within weeks. Others take months. Normally, what happens is your treatment is going to determine the initial length of your case. The longer you treat, the longer your case may take to settle. Once your treatment has finished, attorneys at the Victory law firm will push your case forward aggressively and as quickly as possible to secure you a settlement. Now, it’s important that you reach out to us so that we can discuss the details of your case so that we can more accurately gauge what type of case you have and how long it might take to resolve. Here at the Victory law firm, we’re here to serve you. Please reach out to us if you’re a cyclist who’s been injured here in central Florida.
What are common mistakes people make if they have been injured in a bicycle accident?
Having represented many injured cyclists, we begin to see a pattern of some mistakes that are often made right after the accident. Unfortunately, the most common one is to get up, brush it off, and go home. For more minor bicycle accident injuries, sometimes people aren’t aware of the injuries that they sustained inside. Sometimes they’re even embarrassed. It’s critically important that you see medical assistance right away. You need to get evaluated. We don’t know what we don’t know until a doctor has made that evaluation. One of the most common mistakes we see if people brushing it off and saying let me ice it off, let me put a heat pad when I get home.
Now, for your more severe injury cases, which unfortunately, bicycle accidents tend to be extremely severe. A common mistake is to not gather as much information as possible. A lack of information creates a fog of war where the defendant can claim that you were crossing the road, or they had the right of way. There’s any number of defenses that they can bring up after the fact but if a cyclist is armed with facts from the moment of the incident, it makes things a lot easier. The best thing to do, if possible, is to take photographs, take videos, if there’s any witnesses, get their names, get their numbers, record as much as possible right at the scene of the accident. Again, bicycle accidents tend to be devastating. A lot of times, an ambulance is rushed in and the cyclist is rushed out but there still are things that can be done.
Now, another common mistake is to say something that might damage your case. Maybe speaking with an insurance company or admitting liability or anything along those lines that could damage your case long-term. Again, if you’re involved in an accident as a cyclist, it’s critically important that you contact us right away. We are experienced attorneys specifically of handling bicycle accident. Please reach out to the Victory law firm right away.
Sometimes clients call and tell us they were injured in an accident due to somebody else’s fault; either they forgot, they were in a hurry, or some people are just opposed to it still. What we tell those clients is you are able to receive compensation for injuries sustained in that car accident as long as the seat belt would not have prevented them. For example, if you’re struck from the side and you break your arm against the door, you have a valid claim for that injury. However, if by wearing a seat belt you would not have struck your head on the steering wheel, for example, then you are not protected. It’s called the seat belt defense. What would happen is, although we would claim all of the injuries that were caused by the accident, the defendants are allowed to assert as a defense that because you weren’t wearing a seat belt those injuries should be either precluded or diminished because of your failure to wear that device.
Call Our Florida Bicycle Accident Lawyers Today
If you’ve been seriously hurt in a bicycle accident, please reach out to our Florida bicycle accident lawyers as soon as you possibly can to get a free first consultation. We care deeply about your results and we want to lend our hand to help you get justice. Please know that you deserve to get justice and we have the knowledge and skill to provide that result for you. All you need to do now is call to set up your free, first consultation.