Florida makes cycling both convenient and popular, especially in sunny Orlando, where picturesque routes make biking a convenient and enjoyable form of transportation and recreation. Unfortunately, Florida also ranks high in bicycle accidents and fatalities. Knowing your rights as a cyclist if involved in an incident with motor vehicles is vitally important.
A Bicycle Accident Attorney Orlando from Jiles & Fugate Law Group can provide injured cyclists with legal guidance that helps them receive fair compensation while navigating Florida’s complex legal system. Here, we cover key questions every Florida cyclist should know about bicycle accident laws, liability issues, and what steps can be taken after being involved in an incident.
Call Jiles & Fugate Law Group now at 407-539-0123 for a free consultation with a Bicycle Accident Attorney Orlando
What Rights Do Cyclists Have on Florida Roads?
Florida law recognizes bicycles as vehicles, providing cyclists with all the same rights and responsibilities associated with driving a motor vehicle.
- Cyclists may ride public roads (excluding limited-access highways)
- Use marked bike lanes when they become available.
- Take the full lanes if it is too narrow for cars to pass safely.
- Expect drivers to yield when necessary.
- File claims after an auto collision for damages caused.
At the same time, cyclists must comply with all traffic rules, similar to motorists, including stopping at red lights, signaling turns properly, and riding with the flow of traffic. If you were injured while obeying traffic law, consulting with a Bicycle Accident Attorney Orlando could prove that it wasn’t you who caused your damages; rather, their driver should bear responsibility.
What Are The Leading Causes of Bicycle Crashes in Orlando?
Even with laws protecting cyclists in place, many motorists still fail to share the road safely with cyclists, and accidents can result. Common causes for bicycle incidents include:
- Distracted Driving: Drivers who use text messaging and GPS navigation while operating their cars are considered distracted drivers.
- Refusal to yield: Failure to yield at intersections can have serious repercussions for drivers who turn into them.
- Unsafe Passing: Cars passing too closely or cutting off cyclists is unsafe behavior and should be prevented.
- Opening Car Doors: Drivers opening car doors into bike lanes.
- Speeding and reckless driving.
- Driving under the influence of drugs or alcohol.
- Poor road conditions: potholes, debris, or unclear bike lane markings.
A Bicycle Accident Attorney Orlando can investigate your incident, gather evidence like traffic camera footage, witness statements, and police reports, and craft an effective compensation claim on your behalf.
What Should I Do After Being in a Bicycle Accident in Orlando?
Situations following an accident can be unnerving and disorienting; taking necessary actions afterward will ensure both your health and legal rights are safeguarded.
Here’s what to do:
- Contact 911 immediately and request medical assistance as quickly as possible.
- Remain at the scene until law enforcement arrives to assist.
- Retrieve the driver’s details, including their name, address, insurance information, and license plate number.
- Document the scene by taking photographs of your bike, the other vehicle involved, the road environment, and any injuries sustained by either party involved in an incident.
- Gather contact info of potential witnesses. Having independent witnesses as supporters can be crucial.
- Seek medical help immediately if any injuries seem minor – even minor issues could worsen over time and should not be left to develop into chronic conditions.
- Avoid admitting blame when speaking to the police or insurers; stay on course by sticking to the facts.
Contact a Bicycle Accident Attorney Orlando as soon as possible for legal help regarding an incident involving cycling. Appropriate legal assistance ensures that key evidence, such as surveillance footage or vehicle data, can be preserved before it disappears forever.
How Does Florida’s No-Fault Law Affect Bicycle Accident Claims?
Florida’s no-fault insurance law covers bicycle accidents involving motor vehicles in which there is no clear-cut liability, meaning your Personal Injury Protection (PIP) coverage (provided through your own auto policy if applicable) pays up to $10,000 towards medical costs and lost wages regardless of fault.
However, if your injuries are more serious, leading to permanent disability, scarring, or death, then the no-fault system does not apply, and a claim must be brought directly against the responsible driver. A Bicycle Accident Attorney Orlando will assess your medical records to ascertain if your injuries meet Florida’s legal threshold and pursue compensation above and beyond any PIP limits.
What Compensation Is Available After Being in a Bicycle Accident?
Victims of bicycle accidents may be entitled to various forms of compensation depending on the severity and impact of their injuries and trauma on their lives.
You could claim compensation for:
- Medical expenses: Hospitalization, surgeries, physical therapy sessions, and ongoing care services.
- Loss of Wages: Compensation or income lost due to recovery or disability will need to be replaced in some way.
- Pain and Suffering: Emotional and Physical Distress.
- Permanent disability or disfigurement.
- Property Damage: Bicycle repair or replacement.
- Lost enjoyment in life.
- Wrongful death damages (for family members).
A Bicycle Accident Attorney Orlando will assess the full value of your claim, taking future costs into consideration to ensure you do not end up bearing responsibility for someone else’s mistakes.
What Evidence Is Needed in a Bicycle Accident Claim?
Proving fault requires substantial and indisputable proof. The more documentation your attorney collects, the higher your odds are of succeeding.
Key Evidence includes:
- Police reports and traffic citations.
- Medical records and doctor evaluations
- Witness Statements, photos, or videos from the scene will all provide additional context of witness statements for witness accounts of accidents.
- Surveillance or dashcam footage
- Accident reconstruction techniques.
- Maintenance records of each vehicle involved
A Bicycle Accident Attorney Orlando can collect, preserve, and present evidence effectively in order to establish liability and recover just compensation on your behalf.
What Are My Options If Another Driver Claims I Was Responsible?
Insurance companies will often try to blame cyclists to limit payouts when drivers have clearly been negligent, using excuses such as lack of visibility, riding outside a bike lane, or disobeying traffic signals as defense mechanisms.
Florida follows a modified comparative negligence rule, so your compensation may be affected by your percentage of responsibility, although damages can still be recovered, provided it was less than 50% responsible. A Bicycle Accident Attorney Orlando will work on your behalf to reduce any share of fault by gathering and providing evidence supporting your version of events.
What If My Victim Flees the Scene of an Incident?
Bicycle accidents involving hit-and-run drivers are unfortunately all too frequent, yet you still have options if they flee the scene of an incident. If you own or reside with someone who does, Uninsured/Underinsured Motorist (UM/UIM) coverage may apply and provide compensation in the event that the individual at fault cannot be identified or lacks insurance. It provides compensation if injuries result from this scenario.
An experienced Bicycle Accident Attorney Orlando can help file a UIM/UM claim on your behalf and coordinate with law enforcement as they work to identify the person at fault through witness accounts or nearby surveillance footage.
What Are the Common Injuries from Bicycle Accidents?
Cyclists are vulnerable to being hit from all directions during an accident, often suffering serious or life-altering injuries as a result. Common injuries among cyclists include:
- Traumatic Brain Injuries (TBIs) and Concussions.
- Fractures and broken bones
- Spinal Cord Injuries and Paralysis.
- Internal Bleeding and Organ Damage.
- Road Rash and Lacerations in an Accident.
- Dental and Facial Trauma
- Psychological Trauma.
A Bicycle Accident Attorney Orlando can ensure the proper documentation of medical treatment as well as take your long-term needs into consideration in any settlement or lawsuit that results from this incident.
How Long Should I Wait to File My Bicycle Accident Claim in Florida?
Under Florida law, individuals generally have two years from the date of an accident to file a personal injury suit or wrongful death action against individuals responsible. For claims alleging damage due to physical contact between two people (for instance, a motor vehicle accident). For wrongful death actions, this timeframe also applies.
However, insurance claims should be submitted promptly, as evidence such as traffic camera footage, cell phone records, and witness statements can quickly deteriorate or disappear over time. As soon as an incident has occurred, contact a Bicycle Accident Attorney Orlando immediately. The sooner the better will strengthen your claim and help make sure a proper claim process takes place.
How Can A Bicycle Accident Attorney Orlando Assist Me?
Hiring an experienced Bicycle Accident Attorney Orlando increases your odds of recovering fair compensation. At Jiles & Fugate Law Group, our legal professionals take care in managing each legal detail while you focus on healing from injuries sustained in bicycle accidents.
Your attorney will:
- Investigate and establish negligence for the collision.
- Collect and preserve evidence.
- Estimate your damages, including future medical costs.
- Negotiate aggressively with insurance providers.
- Take control of all communications and paperwork
- Should the need arise, take your case to court if necessary.
We know how insurers operate, and won’t let them exploit you!
FAQs About Bicycle Accident Laws in Orlando
Q: Am I required to wear a helmet while biking in Florida?
Ans: Riders under 16 must comply with federal law by wearing a helmet, although not doing so doesn’t automatically disqualify you for compensation if someone else caused their accident.
Q: What rights do I have if a car strikes my bicycle while it was riding on a sidewalk?
Ans: Yes. Even when entering or exiting driveways and intersections from sidewalks, drivers are expected to yield to cyclists when entering or leaving them.
Q: What happens if I am hit by a rideshare or delivery driver?
Ans: Your company may provide additional compensation through their commercial insurance policy; an Orlando Bicycle Accident Lawyer can assist in identifying and pursuing these potential claims.
Q: I’ve suffered emotional trauma. Can I seek compensation?
Ans: Yes. Psychological injuries like anxiety or posttraumatic stress disorder (PTSD) are recognized as compensable damages in bicycle accident claims.
Q: What if my accident was due to poor road conditions?
Ans: If a city or county failed to maintain safe roadways, you could file a claim against their government agency responsible, but as deadlines may be shorter for such claims, it’s wiser to act swiftly.
Why choose Jiles & Fugate Law Group?
When injured in a bicycle accident, you need a legal firm with expertise both within the local community and with regard to the law. At Jiles & Fugate Law Group, our goal is to protect cyclists’ rights with passion and dedication.
Hire Our Firm and You Can Expect:
- Individualized legal representation – you will work directly with your lawyer.
- Negotiations are key when dealing with insurance companies, so be aggressive.
- Experience in representing injured parties is demonstrated through proven results in serious personal injury claims.
- No upfront costs – only pay our fee if we win your case
- Compelling guidance through all stages of recovery
We go further than simply being your attorneys: we act as your advocates in seeking justice, safety, and fair compensation for you.
Conclusion
Cycling should be fun, safe, and sustainable, not life-threatening. If you were injured while cycling in Orlando, there may be legal rights and options open to you for compensation and recovery. At Jiles & Fugate Law Group, our knowledgeable Bicycle Accident Attorney Orlando will fight tirelessly for the justice and compensation you are due. Don’t allow insurance companies to downplay or deny any injuries sustained to minimize or deny a claim made on your behalf.
Call Jiles & Fugate Law Group now at 407-539-0123 for a free consultation with a Bicycle Accident Attorney Orlando. You can also fill out this form and we will be in touch with you asap.
