Being hit by a motor vehicle while riding a bicycle can have drastic repercussions in an instant, as cyclists lack much protection from cars, trucks, or SUVs. Injuries sustained in these collisions often prove serious enough for permanent or even fatal disability. After recovering from such traumatizing experiences, many injured cyclists want answers on whether a lawsuit can be filed after such accidents have taken place against vehicles. They often ask whether lawsuits can be filed after bicycle-vehicle collisions.
The short answer is yes. Florida Law contains specific rules pertaining to bicycle accidents involving motor vehicles, and it’s wise to consult an experienced Bicycle Accident Lawyer Orlando who can explain your legal rights, assess if filing suit is warranted, and fight on your behalf to get you maximum compensation for injuries suffered during an incident.
Below, the attorneys from Jiles & Fugate Law Group answer the most pressing questions cyclists often have after being hit by vehicles in Orlando or Central Florida. You can also reach out to us at 407-539-0123 for a free consultation with a bicycle accident lawyer Orlando.
When Can Cyclists File a Lawsuit Following an Accident with a Vehicle?
Florida law treats bicycle collisions involving motor vehicles similarly, meaning Florida’s no-fault insurance system applies even when an injured party is riding a bicycle rather than driving a vehicle. As with many cases involving cyclists, Personal Injury Protection (PIP) coverage must first be relied on for medical costs and lost wages. A lawsuit becomes an option when injuries meet Florida’s threshold for seriousness.
Your accident may qualify you for legal action if it caused permanent injury, significant scarring or disfigurement, loss of an important bodily function, or even death. When this is the case, working with a Bicycle Accident Lawyer Orlando could help you move outside the no-fault system to file directly against those at fault and seek damages directly against their driver.
Does Florida’s No-Fault Law Apply in Bicycle Accidents?
Yes. Florida’s no-fault law covers bicycle collisions with motor vehicles. If you own or reside with someone with auto insurance who also possesses PIP coverage for their auto policies, their PIP coverage could apply towards injuries sustained from bicycle accidents.
PIP typically covers medical costs and lost wages for all parties involved, regardless of who caused the collision; however, its coverage often runs out quickly in bicycle accident claims due to severe injuries.
A Bicycle Accident Lawyer Orlando can review your insurance situation to ascertain which coverage applies, as well as when and if filing suit is warranted to recover damages that exceed PIP limits.
Who Can Be Held Liable for Bicycle Accident Lawsuits?
Liability in a bicycle accident largely hinges on the cause and who was at fault. Most often, it falls on the vehicle driver who failed to share the road safely with cyclists.
Drivers may be held accountable for violations such as speeding, distracted driving, failing to yield to traffic signals, failing to make safe lane changes, running red lights without giving notice, and driving under the influence. Other parties could share responsibility, such as employers if the accident occurred during work hours or vehicle manufacturers if defective parts contributed to it.
A Bicycle Accident Lawyer Orlando will conduct a thorough investigation of the crash to identify all responsible parties and hold them accountable.
What If the Driver Assumed the Cyclist Was at Fault?
Drivers and insurance companies frequently attempt to shift blame onto cyclists when an incident arises, by suggesting they were either not visible, were riding outside an intended bike lane, or failed to comply with traffic laws.
Florida uses a modified comparative negligence rule, meaning an injured cyclist may still recover compensation as long as their share of responsibility does not exceed 50%. Any awards are reduced proportionately according to how much fault each cyclist holds in an incident.
An experienced Bicycle Accident Lawyer Orlando will fight against unfair liability by gathering evidence such as traffic camera footage, witness statements, accident reconstruction analysis, and medical records to demonstrate how driver negligence caused the crash.
What Damages Can Be Recovered After a Bicycle Accident Lawsuit?
Bicycle accident lawsuits provide injured riders with an avenue to seek additional damages beyond what no-fault insurance may cover, such as medical expenses, future care needs, lost income, earning capacity reduction, pain and suffering damages, emotional distress damages, as well as permanent disabilities and disfigurement claims.
Serious bicycle accident claims may include compensation for loss of enjoyment of life and long-term rehabilitation costs; when fatal accidents occur, family members of the deceased may pursue damages as part of a civil wrongful death action. A Bicycle Accident Lawyer Orlando will work to assess both current and potential future losses to ensure any settlement or verdict accurately reflects their true impact.
How Can a Bicycle Accident Lawsuit Be Filed?
Strong evidence is key to winning any bicycle accident lawsuit and should be preserved as quickly as possible to maximize its impact. The sooner these documents can be preserved, the stronger your case becomes.
Important evidence can include police accident reports, medical records, photographs of injuries at the scene or injuries reported, video from traffic cameras or nearby businesses, as well as witness statements or expert opinions. A Bicycle accident lawyer Orlando understands how to compile evidence quickly before it disappears, presenting it effectively for negotiations or court.
What If My Driver Was Uninsured or Fled the Scene of an Incident?
Unfortunately, hit-and-run bicycle accidents are all too frequent in Florida. Even if the driver flees or lacks insurance coverage, there may still be options open to you for compensation.
Uninsured and underinsured motorist coverage may apply under both your auto policy and that of someone in your household, making these claims even more complex for claimants and often resulting in denials by insurers who vigorously oppose any efforts by claimants to contest such cases. A Bicycle accident lawyer Orlando can handle uninsured motorist claims on your behalf and pursue all available sources of recovery.
How Long Do I Have To File a Bicycle Accident Lawsuit in Florida?
Florida law allows two years from the date of an accident to file a personal injury suit. However, waiting too long can seriously compromise your case: evidence can vanish into thin air while witnesses forget details, and insurance companies take advantage of delay tactics by filing suit quickly against those at fault.
Claims against government entities or road defects often have shorter deadlines for filing suits; to meet them effectively and protect your rights. A Bicycle Accident Lawyer Orlando can ensure all deadlines are met to maximize protection of both you and the other party involved in a bicycle crash case.
Do Most Bicycle Accident Lawsuits Proceed to Trial?
Many bicycle accident lawsuits are settled out of court rather than going to trial, since insurance companies tend to favor settlement over litigation when faced with strong evidence and experienced legal representation.
Unfortunately, not all insurers negotiate fairly. If an acceptable settlement cannot be achieved, Jiles & Fugate Law Group stands ready to bring your case before the courts for adjudication and litigation if needed, with expertise that ensures your claim won’t be undervalued!
How Can A Bicycle Accident Lawyer Orlando Assist Me With My Case?
Bicycle accident claims pose unique legal difficulties, from insurance disputes and traffic law interpretation to serious injury assessment and evaluation. Handling them alone often results in lower compensation.
A Bicycle Accident Lawyer Orlando will oversee every aspect of your case from initial investigations and evidence collection to settlement negotiations and trial preparation. They can even act as your advocate with insurance adjusters and prevent you from making statements that might erode away at your claim. At Jiles & Fugate Law Group, our goal is to secure full and fair compensation while enabling you to focus on healing from an accident.
FAQs Regarding Bicycle Accident Lawsuits in Orlando
Q: Can I File a Lawsuit Even Though I Wasn’t Riding Within A Bike Lane?.
Ans: Yes. Florida law permits cyclists to ride on roadways without necessarily needing a bicycle lane for transporting bicycles. Not being present does not automatically make you at fault.
Q: What would happen if I weren’t wearing a helmet?
Ans: Helmet use may be discussed by insurance companies, but wearing or not wearing one won’t prevent you from filing a suit if someone caused an accident.
Q: Can I sue if the driver was providing deliveries or working?
Ans: Yes. If a driver is working during their commute, their employer can also be held liable and increase insurance coverage accordingly.
Q: Will prior injuries affect my case?
Ans: Not necessarily, a Bicycle Accident Lawyer Orlando can show how an incident caused or worsened preexisting medical issues.
Q: How much does it cost to hire a bicycle accident lawyer Orlando?
Ans: At Jiles & Fugate Law Group, there are no upfront legal fees; they are collected only upon successful compensation recovery.
Why choose Jiles & Fugate Law Group?
Jiles & Fugate Law Group’s proven record in representing victims throughout Orlando and Central Florida requires careful, dedicated advocacy as they battle insurance companies on behalf of injured cyclists. We stand up against insurance providers while advocating aggressively on their behalf – these attributes make Jiles & Fugate Law Group your go-to law firm!
Jiles & Fugate Bicycle Accident Lawyer Orlando provides customized representation, clear communication, and an experienced legal team that treats every case like it will go to trial. You won’t ever feel like just another file; your case matters to us!
Conclusion
If a vehicle struck your bicycle while cycling, you may have the right to file a suit and seek compensation for injuries sustained, losses incurred, and future needs. Florida law can be complex. Insurance companies won’t necessarily support your cause either way, so you do not have to navigate this process alone.
Jiles & Fugate Law Group’s experienced Bicycle Accident Lawyer Orlando can review your claim, discuss available solutions, and fight for justice on your behalf. Call Jiles & Fugate Law Group right now at 407-539-0123 for a complimentary consultation with a lawyer in Orlando. You can also fill out this form, and we will be in touch with you asap.
