According to the AAA officials, Florida leads the nation in fatal bicycle accidents. In 2017 almost 800 people passed away from a bicycle accident in Florida.
If you or someone you love has been involved in an accident while riding a bike, you need to know your rights. This is even more important should an accident result in wrongful death.
Get started with this guide so you can pursue a wrongful death recovery.
What No-Fault Means
Florida is a no-fault state. This means that you must turn to your own auto insurance to cover the damages.
Florida Biking Law Break down
Florida bicycle law treats bicycles as vehicles. When riding your bike, you must obey all traffic signals and controls.
You must ride on a fixed seat and cannot carry more passengers than what the bike is intended for. Your bike must have a lamp if you ride between sunset and sunrise.
If there’s a bike path, you must use it when you’re not traveling the speed of the other traffic.
What to Do After an Accident
The first priority after any accident is to make sure everyone is ok. This becomes even more important after a bicycle accident when injuries to the bicyclist tend to be high.
Next, you need to notify the police. This will help preserve the facts and important contact information of the involved parties and witnesses.
After you get home, you should notify your insurance company, seek continuing medical assistance, and contact an attorney that specializes in bicycle accident injuries. Your attorney will ensure your rights and interests are looked out for from the beginning.
Wrongful Death Claims
In the state of Florida, you can bring a wrongful death claim on behalf of the deceased person’s estate. The deceased’s spouse, children, parents, or any blood relative who is at least partially dependent on the deceased can recover.
Statute of Limitations
You may file your claim within two years of the date of their death. It’s critical to speak with an attorney right away, so you don’t miss a key deadline that bars you from any recovery.
You can seek damages for several different expenses that are outlined in the Florida Statutes.
- Mental pain and suffering from the loss of a child
- Medical expenses
- Funeral expenses
- Loss of companion, protection, and guidance
- Loss of support and services that were provided by the deceased
Then there are the damages that the deceased’s estate can seek.
- Medical and funeral expenses paid by the estate
- Loss of prospective net accumulations
- Lost wages, benefits, and earnings
Do You Have a Wrongful Death Claim?
If someone you love passed away as a result of a bicycle accident, then you may have a wrongful death claim. The best way to determine what damages you’re entitled to is by speak with an attorney.
Our office specializes in bicycle accident personal injury claims. This gives us the edge of both knowledge and experience.
Contact our office today to schedule a consultation where we can discuss your case.