Miami Bicycle Accident Lawyers
Cycling has become a popular and eco-friendly way to explore Miami and stay in shape. However, with the popularity of bikes comes the risk of accidents—many of which can result in serious injury or even death. While cyclists have the same rights as drivers, the law often feels stacked against them when accidents occur.
If you have been injured in South Florida, consult with Miami bicycle accident lawyers to find out how you can protect your rights. You can consult a family-based legal team today by reaching out to Flaxman Law Group for a free consultation. We have offices in Miami, Homestead, and Hollywood to serve you better.
Understanding Bicycle Accidents in Miami
Miami has busy streets, inconsistent bike infrastructure, and high traffic volumes. All of these can put cyclists at risk. Cyclists are especially vulnerable on the road, where cyclists have little chance against cars and trucks. There are many types of bicycle accidents that consistently happen across the city:
- Car accidents, involving a bike and car.
- Truck accidents, which can result in devastating injuries.
- Motorcycle accidents.
- Side-swipe accidents, where another cyclist or motor vehicle comes up too close on the side of the cyclist.
- T-bone accidents, where a cyclist is hit by a vehicle at a perpendicular angle.
- Falls, which happen when a bike falls over, often due to uneven roads or slippery surfaces.
- Hit-and-run incidents, when a motorist or another cyclist causes an accident and leaves the scene without stopping to assist.
- Doored accidents, when a cyclist collides with a car door that is suddenly opened by the driver or passenger.
- Intersection accidents.
- Single-vehicle crashes, where a cyclist crashes into an obstacle or loses control of their bike without another party being involved.
- Pedestrian accidents, which are especially common on shared paths.
- Animal collisions, when a pet or wildlife suddenly runs into a bike lane or street.
If you’ve been injured in a bicycle accident in Miami, it’s crucial to seek appropriate medical care as soon as possible. Consulting a knowledgeable personal injury lawyer is also important to help you pursue compensation for your injuries.
Florida Laws Protecting Cyclists
Florida Statute 316.2065 outlines key rules for cyclists, including requirements for bike equipment, such as having a working light on the front of the bike and a red reflector on the back when riding at night. Cyclists are also legally required to obey traffic signals and use designated bike lanes when available.
Another relevant rule for cyclists is the comparative negligence rule. If both the cyclist and the driver share fault in an accident, each party can be held responsible for their portion of the damages. This law allows cyclists to seek compensation for their injuries even if they are partially responsible for the accident, though the amount of compensation may be reduced depending on their percentage of fault.
Additionally, Florida has a “vulnerable road user” law, Florida Statute 316.027(1)(b), that provides increased penalties for drivers who harm cyclists, pedestrians, and other non-motorized road users. This law emphasizes the duty of drivers to be particularly cautious when sharing the road with vulnerable users, and it offers enhanced protection for cyclists who may otherwise be at a significant disadvantage.
Common Injuries and Compensation for Bicycle Accident Victims
Since cyclists have little protection compared to those in motor vehicles, even minor accidents can lead to significant harm. Common injuries sustained in bicycle accidents include:
- Traumatic Brain Injuries (TBI). Even with a helmet, cyclists are vulnerable to head injuries in accidents because cyclists are typically knocked off their bike and to the ground in an accident. TBIs can range from mild concussions to more serious brain damage, potentially resulting in permanent cognitive, emotional, or physical impairments.
- Fractures. Broken arms, legs, wrists, and collarbones are common injuries, particularly in accidents where the cyclist is thrown from their bike or collides with another vehicle or object.
- Spinal cord injuries. In a bicycle accident involving a car, truck, or other large vehicle, the larger vehicle can crash directly into the cyclist, causing severe injuries to the spinal cord, leading to paralysis or loss of motor function.
- Road rash. Abrasions from sliding along the pavement can lead to painful road rash. In severe cases, these abrasions can become infected or may lead to scarring.
- Soft tissue injuries. Accidents can lead to muscle sprains, strains, and tears in ligaments and tendons.
- Internal injuries. Cyclists involved in high-impact accidents may sustain damage to internal organs, including the lungs, spleen, kidneys, and heart.
If you have been injured in a bicycle accident in Miami, seek medical care immediately, even if the injuries seem minor at first or you’re not even sure you’re injured. After an accident, your body releases adrenaline, which can mask pain and other symptoms. You may not realize you have been injured.
As you seek medical care, be sure to keep copies of any medical records and medical receipts. Bicycle accident victims may be entitled to compensation for their injuries. This can include reimbursement for medical expenses, lost wages, pain and suffering, and compensation for long-term care or rehabilitation. A personal injury lawyer can help you evaluate the full extent of your damages and pursue the compensation you deserve.
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Causes of Bicycle Accidents and Liability
Bicycle accidents vary widely, but there are several common causes of bicycle accidents in Miami, including:
- Distraction. Texting, talking on the phone, or any form of distracted driving is a leading cause of accidents involving cyclists. Drivers who are not fully focused on the road may fail to notice a cyclist in their lane or misjudge the cyclist’s speed and distance. At the same time, cyclists who are texting or listening to music can also contribute to a crash.
- Failure to yield or stop. Drivers who run red lights or fail to yield the right-of-way at intersections are often at fault in bicycle accidents.
- Impaired driving. Drivers and cyclists impaired by alcohol or drugs have poor judgment, reflexes, and awareness, increasing the likelihood of a crash.
- Poor road conditions. Potholes, uneven surfaces, and debris can cause cyclists to lose control.
- Inadequate bike infrastructure. In some areas of Miami, the lack of designated bike lanes or proper signage can increase the risk of accidents. When cyclists must share lanes with vehicles, the chance of a collision is higher, particularly in high-traffic areas.
Determining liability in a bicycle accident involves assessing who was at fault. In Miami, fault can lie with the driver of the vehicle, the cyclist, or even other parties like the city or road maintenance authorities if poor infrastructure contributed to the accident. For example, if a driver failed to yield the right-of-way, they may be held responsible for the cyclist’s injuries. However, if a cyclist was not following the rules of the road, they may bear partial or full responsibility for the accident.
In many cases, the driver’s insurance will be the primary source of compensation for injured cyclists, but if the cyclist’s injuries are severe, they may be entitled to additional compensation by filing a claim. A Miami bicycle accident lawyer can help determine liability, navigate insurance claims, and ensure you receive fair compensation for your injuries.
The Role of a Miami Bicycle Accident Lawyer
Miami bicycle accident lawyers are a key part of any claim you file for compensation after a collision. One of the key roles of a bicycle accident lawyer is to conduct a thorough investigation into the circumstances of the accident. This involves gathering evidence such as police reports, medical records, witness statements, and, if necessary, surveillance footage. A lawyer will also work with accident reconstruction experts to determine the exact cause of the accident and who is at fault. This is important because bicyclists are often unfairly blamed for traffic collisions. A lawyer can determine what really happened and can ensure that responsible parties are held accountable.
Additionally, a lawyer will handle communication with insurance companies on your behalf. Insurance companies are often focused on minimizing payouts, and they may try to deny or reduce your claim. A skilled lawyer knows how to ensure that you’re not taken advantage of. They can also help negotiate settlements or pursue litigation if the insurance company is unwilling to offer a fair settlement.
Crucially, a bicycle accident lawyer can assist you in understanding the full extent of your injuries and damages, including future medical expenses, past and expected future, lost wages, pain and suffering, bicycle repairs or replacement, long-term care needs, and any incidental costs related to your injuries. This is very important, because many people underestimate the true total costs of their injury, which causes them to accept a lowball offer. Your lawyer is looking out for your best interests and will help you evaluate any settlement offers to make sure you get the compensation you deserve.
Filing a Bicycle Accident Lawsuit in Florida
If you’ve been involved in a bicycle accident in Florida and the responsible party’s insurance company is unwilling to offer a fair settlement, filing a lawsuit may be necessary to recover compensation.
The process typically begins with your attorney conducting a thorough investigation to determine who is liable for the accident and the extent of your damages. Your lawyer will then file a complaint with the appropriate court, outlining the details of the accident, the injuries you sustained, and the compensation you are seeking.
In Florida, personal injury claims, including those related to bicycle accidents, are subject to a statute of limitations, meaning that you must file your lawsuit within a certain period after the accident, usually within four years from the date of the crash. Failing to meet this deadline can result in the dismissal of your case, so it’s important to consult with a lawyer as soon as possible after the accident. Even though four years seems like a long time, keep in mind that evidence will start to go missing much sooner, and witness memories will fade. It’s important to consult with Miami bicycle accident lawyers quickly so that your legal team can start protecting your rights.
Once the lawsuit is filed, the court will go through the discovery process, during which both parties exchange evidence and information. This may involve depositions, witness testimony, and expert evaluations. After discovery, the case may proceed to trial if a settlement cannot be reached. However, many cases are settled before reaching the courtroom, as both sides often prefer to avoid the time and cost associated with a trial. In a settlement, the defendant or insurance company essentially offers you a cash amount and, once you accept, the case doesn’t proceed further. You both get to walk away. Your lawyer can help negotiate and evaluate settlement offers to make sure the insurer or defendant is being fair.
If the insurance company or defendant does not make an offer that covers your costs, your lawyer should be willing to take the case before the courts, where a judge or jury will determine how much compensation you should receive.
The role of a bicycle accident lawyer is crucial, which is why you will want to hire a reputable law firm. Flaxman Law Group has offices in Miami, Hollywood, and Homestead to serve the entire South Florida community. Our father-son attorney team has recovered close to one billion dollars on behalf of clients and our legal team has over 60 years of combined experience, both at the negotiation table and in the courtroom.
While we are aggressive in pursuing fair compensation for you, however, what we are most proud of is our relationship with our clients. Our bilingual team always treats you with care and respect. When you work with us, we have time for you. You’ll even have your attorney’s personal cell phone number, so you never have to wait for answers. If you have been injured in a bicycle accident in Miami, contact Flaxman Law Group for a free consultation to find out more about what we can do for you.
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