West Palm Beach bicycle accident lawyers at Fetterman & Associates, PA, understand that the area’s warm weather and beautiful scenery are enticing to bicyclists. Along with being a great way to enjoy the area, bicycling is great exercise and good for the environment.
Unfortunately, each time you ride near or around motor vehicles, you put yourself at risk for an accident and injuries. If you are struck by a motor vehicle or have an accident due to poor road conditions, you may be able to recover compensation. Our legal team can review your case and situation to determine if you qualify for compensation.
According to the law in Florida, bicyclists have the same rights as others on the road. If you ride a bike, you must also follow all the rules of the road. Unfortunately, accidents still happen.
- In 2021, there were 6,399 bicycle accidents and 183 fatalities.
- In Palm Beach County, there were 1,185 pedestrian and bicycle accidents with 59 fatalities.
This shows how dangerous it can be to bike in Florida.
In This Article
- Common Causes of Bicycle Accidents
- Dangerous Driver Behavior That Leads to Bicycle Accidents
- Other Causes of Bicycle Accidents in West Palm Beach
- Top Bicycle Accident Injuries
- Steps to Take After a West Palm Beach Bicycle Accident
- Statute of Limitations in Florida Bicycle Accidents
- Understanding Florida’s Comparative Negligence Law
- Determining Liability in a Florida Bicycle Accident
- Will Insurance Cover a Florida Bicycle Accident?
- Potential Damages You Can Recover After a Florida Bicycle Accident
- How Long Will It Take to Receive Your Compensation or Damages?
- Tips to Prevent Being Involved in a Bicycle Accident
Common Causes of Bicycle Accidents
Bicyclists in West Palm Beach can experience serious and long-lasting bodily injuries or even die if they crash or collide with a motor vehicle, including trucks, cars, buses, and more.
If you use a bicycle for fun or as your main mode of transportation, you likely wear regular clothing and a bicycle helmet. Other protective equipment isn’t used. Bicycles don’t offer protection as motor vehicles do. If they are involved in an accident, the injuries are usually severe for the bicyclist.
The top causes of bicycle accidents that involve a vehicle include:
- A vehicle loses control and hits a bicyclist
- A vehicle turns into a bicycle while making a right or left turn
- A vehicle hits a bicyclist from behind
- A vehicle doesn’t stop at a red light or stop sign
- A driver opens their door into the path of a cyclist or bicycle lane (dooring)
- A vehicle sideswipes a bicyclist when they pass
- A vehicle makes an unsafe or an improper lane change
Any time these incidents occur, it’s wise to seek medical treatment immediately. If you don’t, your injuries may go on untreated, impacting your ability to recover compensation. You need medical documentation that shows what happened, how you were injured, and the extent of the injuries you experienced.
Dangerous Driver Behavior That Leads to Bicycle Accidents
Unfortunately, bicycle accidents lead to serious injuries. In many cases, drivers are at-fault for these incidents. However, there are situations when bicyclists can also be to blame.
Some of the most dangerous types of driver behavior that commonly cause bicycle accidents include:
- Not adhering to traffic signs and signals
- Distracted driving
- Weaving through traffic
- Driving over the speed limit
- Drivers who are under the influence of drugs or alcohol
- Bad weather, rain, or bright sun
These situations can lead to accidents and cause serious injuries and fatalities.
Other Causes of Bicycle Accidents in West Palm Beach
Drivers’ negligence causes many bicycle accidents; however, they can be caused by other things, too. Bicyclists may be seriously or fatally injured because of other negligence. Some of the other things that may cause a bicyclist to fall and suffer an injury include:
- Debris left on the road
- Dog (or another animal) attacking a rider
- Poorly maintained streets or road construction
- Defective bicycle parts or improper bicycle repair
- Collision resulting from negligence or actions of a pedestrian or rider
After you are involved in a bicycle accident, it’s important to take steps to protect your rights. Part of this is seeking medical attention (as mentioned above). You should also contact the authorities and West Palm Beach bicycle accident lawyers for additional assistance.
Top Bicycle Accident Injuries Seen in West Palm Beach, Florida
If you are involved in a bicycle accident, the outcome will likely be you on the ground. The injuries vary based on how you are hit, how you fall, how fast you and the other vehicle were going, and what type of protective gear and clothing you had on.
While the injuries vary and include minor bumps and bruises to more serious internal injuries and death, some are more common than others. Some of the most common injuries that occur when you are involved in a bicycle accident include:
- Road rash and other abrasions (like what motorcyclists suffer when involved in a crash).
- Bruises and cuts caused by falling off a bicycle or being sideswiped by a vehicle.
- Bone fractures or broken bones caused by a motor vehicle hitting you or if you fall onto the concrete (common fractures include hip, arms, ribs, legs, skull, and collarbone).
- Internal injuries to your organs that a piercing injury or impact could cause.
- TBI (traumatic brain injury) occurs if your head strikes a solid surface like a road, sidewalk, vehicle, etc.
- Injury to the spine causing paralysis.
- Dental or facial injuries happen if you hit your face, including broken teeth, lacerations, and long-term scarring.
- Death caused by a serious impact and accident or due to several injuries.
It’s important to realize that you can receive one injury or a combination of any of these. The more serious the accident, the more serious your injuries will be (in most cases).
Steps to Take After a West Palm Beach Bicycle Accident
It’s important to get medical care as soon as possible after a Florida bicycle accident. If you are severely injured, request that emergency medical services be dispatched to the scene. Even if you are concerned about how you will cover the cost of medical care, it’s important to go to a doctor for a complete evaluation.
Some serious injuries can have delayed symptoms and get worse as time passes. If you don’t seek treatment and wait to be seen by a doctor, it may jeopardize your health even more. Also, waiting to be evaluated may negatively impact your ability to file a claim and recover compensation.
If you don’t go to the emergency room right after the accident, it’s important to contact the authorities and take photos (learn more below) of the scene. If anyone saw what happened, get their information so your attorney can contact them. These individuals may serve as important witnesses for your lawsuit.
Don’t talk to insurance adjusters without an attorney when you get home. You should not agree to a settlement without having it reviewed by an attorney. Avoid posting about the incident on social media since anything you post may be used against you. Get in touch with our West Palm Beach bicycle accident lawyers right away.
Statute of Limitations in Florida Bicycle Accidents
Like any other personal injury claim in Florida, accident victims have a limited time to file a claim. If you don’t file the claim within that time, you will lose your right to do so.
If a private or commercial motorist hits you, you have four years to file a claim. For claims against a government entity, you have just three years to file. For accidents that result in wrongful death, you have two years to file a claim and four years for product liability lawsuits. This would occur because of faulty or poorly maintained equipment.
Understanding Florida’s Comparative Negligence Law
Sometimes, one party won’t be the only one at fault in an accident. This is true for bicycle accidents, just like regular car accidents.
If a driver isn’t completely at-fault for the accident and a rider is partly to blame, then Florida follows a comparative negligence law. In one situation, a bicyclist may have failed to follow traffic laws. They may go on the wrong side of the road or even go through a stop sign without stopping.
In a situation where a bicyclist is partly at-fault or negligent for the accident, the amount they will receive in damages can be reduced. An example is if the bicyclist is found to be 30% to blame for the accident and received damages of $100,000. In this situation, 30% of their settlement offer would be deducted, and they would only receive $70,000. This is because of Florida’s comparative negligence law.
If you are the bicyclist and you are determined to be 100% at fault for the accident, then you won’t be able to receive any compensation for the injuries you experienced.
Determining Liability in a Florida Bicycle Accident
Determining fault in Florida bicycle accidents is essential. You must prove someone else was negligent in filing a lawsuit or personal injury claim.
If you want to file a claim, hiring an attorney is recommended. This is because you must prove:
- The accused at-fault party owed you a duty of care.
- The accused at-fault party breached the duty of care.
- You suffered injuries and losses because of the breach of the accused at-fault party.
To prove negligence, it’s necessary to gather evidence. Your attorney will use this evidence to show why the other party is at fault and why you should receive compensation. It will also determine the amount of compensation you are entitled to.
The most important evidence used in most bicycle accident claims is the police report created when the accident occurs. It’s smart to get in touch with local law enforcement after being involved in a bicycle accident. Sometimes, the at-fault driver may request that you don’t do this; however, there’s no way to feel confident they will keep promises to cover your costs caused by the accident.
When you get in touch with the police, they will put their opinions about what happened in the police report. Citations issued to a driver or anyone involved in a bicycle accident will also be included in the police report.
Other types of evidence can be helpful, too. This includes pictures of the scene. After a bicycle accident (if you can), take pictures of everything involved. This includes all vehicles, people, and other factors like hidden road signs, poor weather conditions, skid marks, etc. Be sure to take as many photos as you can. It’s also smart to capture photos from different angles and distances. If your injuries prevent you from capturing photos, ask someone at the scene to do it for you. This type of evidence is invaluable when proving negligence in a bicycle accident claim.
Keep all your medical records, bills, and other documentation from costs related to your accident. These are all essential when you try to show the damages and injuries you experienced in an accident.
Will Insurance Cover a Florida Bicycle Accident?
Usually, auto insurance won’t be applicable if your bike accident involves just you (no driver, pedestrian, or road issue). However, if the accident involves another vehicle and the driver of that vehicle is at least partly to blame for it, then the driver’s insurance will likely cover your damages.
If you have auto insurance, too, you can turn to your Personal Injury Protection (PIP) coverage, which is required in Florida first. This coverage will handle the initial $10,000 in medical costs. If you use all the PIP insurance coverage you have, and liability is obvious, you can work with our legal team to file a lawsuit or seek damages through the at-fault party’s insurance policy.
Potential Damages You Can Recover After a Florida Bicycle Accident
The potential damages you can receive after being injured in a Florida bicycle accident include:
- Medical costs related to your accident include hospitalization, rehabilitation, visits to the doctor, tests, emergency care, ambulatory services, ongoing care, and more.
- Compensation for all lost wages due to the bicycle accident.
- All inconvenience, pain, and suffering related to the accident.
- All emotional distress and mental anguish that was caused by the accident.
- Your inability to work and the loss of earning capacity if you experience mental impairment or permanent physical issues
- Compensation for your permanent damages and injuries.
- Damages for the costs of psychiatric or psychological treatment resulting from the accident.
- Loss of spousal support, companionship, or consortium.
- Long-term nursing and medical care are required because of your injuries.
- Compensation for any future medical procedures or treatment, which includes future hospital stays and surgeries.
- Rehabilitation costs, including vocational retraining and physical rehabilitation, if needed.
- Wrongful death.
The damages you receive for your accident case depend on your situation and the facts of your case. It’s important to work with an attorney who can help gather evidence and prove that you deserve to recover compensation.
How Long Will It Take to Receive Your Compensation or Damages?
Every bicycle accident case is unique. Because of this, there’s no way to know how long it will take to receive your compensation. Some accident victims will receive their settlement within just 60 days, while others may have to wait years. Usually, the amount of time it takes to receive your settlement depends on a few things. These include:
- If fault or negligence in the accident is clear and uncontested.
- If comparative negligence applies to your case, what percentage of fault is each party assigned?
- Total insurance coverage that the insured party has and if the bicycle rider has uninsured or underinsured motorist coverage for incidents where the driver doesn’t have coverage.
- The extent of the rider’s injuries and the type of treatment required to recover. Most lawsuits should not be filed until the full extent of the injured party’s injuries is known.
- If the insurance company is willing to offer a reasonable amount of compensation for the injuries the rider sustained.
Other factors may impact your accident claim, too. Because of all the factors that must be considered, you must work with an experienced and knowledgeable bicycle accident attorney on your case. This will help you get the representation needed to recover the full amount of damages or compensation you are entitled to.
Tips to Prevent being Involved in a Bicycle Accident
One of the best ways to avoid the injuries and trauma of a bicycle accident is to take steps to prevent it. While some accidents can’t be avoided, it may be possible for you to reduce the likelihood of an accident and injuries if you follow the tips found here.
Check Your Bicycle and Equipment Before You Ride
Before you head out for a fun ride or use your bike to get where you need to go, check the equipment carefully. Some of the things to check include:
- Check all reflectors on your bicycle, including on the sides, back, and front. Ensure the spokes’ reflectors are attached securely to ensure motorists see you.
- Install and use front and rear lights on your bicycle. Before riding, be sure the lights are working properly.
- Have a horn on your bike to alert motorists and pedestrians of your presence or that you are headed their way.
- Make sure you wear reflective clothing and shoes to help increase visibility. This is particularly important if you plan to ride at night.
- Check the brakes and for proper tire inflation.
If you notice a problem with your bike or equipment, be sure to fix it before you ride. This can help prevent a serious and even fatal accident.
Stay Aware of Your Surroundings and Follow All Traffic Laws
As mentioned above, bicyclists must follow the same rules of the road that other drivers do. Other traffic laws and recommendations will help you stay safe while you ride. These include:
- Go the same way that the traffic is going.
- Follow all traffic laws for the area.
- Keep your eyes on the road ahead of you and watch for debris or hazards ahead.
- Never assume a driver sees you or that they are paying attention to their surroundings.
- Never listen to music with headphones or earbuds so you can hear what’s happening around you and vehicle warnings.
- Stay alert and make sure you watch for drivers opening vehicle doors or a vehicle pulling out ahead of you or in your path.
- Always look carefully as you move into traffic. Look both ways and over your shoulder before making a move.
- If possible, bike on roads and streets that have slower speed limits or fewer vehicles.
- Use roads that have bicycle lanes since drivers will be more aware of your presence on these roadways.
- If you don’t have much experience riding a bike, or if it has been a while since you rode, you should go somewhere safe to practice, like a local park or empty parking lot. Make sure you practice somewhere there aren’t any vehicles.
As mentioned above, preventing a bicycle accident is not always possible. However, with these tips, you can protect yourself in many situations.
Get in Touch with Our West Palm Beach Bicycle Accident Attorneys Today
At Fetterman & Associates, PA, our legal team understands the serious impact a bicycle accident can have on your and your family’s lives. We are here to provide you with experienced representation after an accident to ensure you receive the damages you are entitled to.
The first step is to contact our West Palm Beach bicycle accident attorneys to schedule a free initial consultation. During this consultation, we will learn more about your accident and you can ask us any questions about your situation and case. Don’t wait to call. Our team will get started right away to help you get justice.
