Of all trips taken in the United States, bicycles are used in only 1% of those trips. However, bicycles have a higher risk of a crash-related injury or death than the other 99% in motor vehicles on the road.
According to the Center for Disease Control, more than 1,000 bicyclists died and an additional 467,000 were injured in 2015.
In 2010 lifetime medical expenses and loss of productivity from bicycle injuries totaled $10 billion. If you have suffered a car-on-bike crash in West Palm Beach, Boca Raton, Ft. Lauderdale, or Miami, you need a Miami bicycle lawyer to help you receive the compensation you deserve.
Let’s take a look at what an accident attorney can do for you.
The Cause of Car-on-Bike Crashes
Many operators of motor vehicles have the false belief that bicycles have no right to be on the road. Bicycles are as entitled to the roadway as other vehicles, and they also have an obligation to follow the rules of the road.
This includes obeying all traffic signs and stoplights and riding in the correct direction on the proper side of the road.
When a motor vehicle and a bicycle collide, the rider of the bike will likely suffer severe to fatal injuries. The bicyclist has nothing to protect them from the impact with a heavy, solid vehicle. A cyclist must always be on the lookout for potential problems.
One frequent cause of car-bike accidents is due to vehicle drivers neglecting to see the bicyclist. They may pull out in front of an oncoming biker who has the right-of-way, run a red light or stop sign, or rear-end a biker traveling in their lane.
Drivers of parked vehicles do not pay attention and open their doors into the direct path of a bicyclist.
Why You Need a Miami Bicycle Lawyer
When on a bicycle you must be alert at all times. Even when you practice defensive cycling you may suffer injuries in a bicycle accident. If injured in a vehicle-bike accident it is important you contact a bicycle crash lawyer as soon as possible.
The attorney will know Florida bicycle laws and be able to determine who is liable for the accident. If the driver of the vehicle is negligent, the attorney will file a claim on your behalf against the driver’s auto insurance.
The attorney will know what records to request. They will make sure they have all evidence needed to substantiate your claim. This includes accident reports, medical reports, vehicle insurance declaration page, and more.
If you are the parent of a child injured in a bike-car accident, the attorney will know the variations in law as applied to a child. Drivers are held to a higher standard of care when driving in an area with children.
Children are held to a lower standard of conduct and responsibility. This is because of their young age and inability to make responsible decisions.
Many people think that they will be able to save on attorney fees and get what they are entitled to from the insurance company themselves. This is not true.
Insurance companies are a business that makes money by collecting premiums and denying claims. They will deny, twist liability, and offer quick settlements well below what you deserve. Never accept a settlement offer until you have it reviewed by a bicycle crash lawyer.
Hiring a bicycle injury attorney secures the best chance you have of obtaining a fair and equitable settlement. Fees are collected on a contingency agreement, which means the attorney does not get paid unless you win your case.
Filing a Lawsuit
Your attorney will work to secure any compensation you are entitled to, including wage loss, payment of medical bills, and monetary compensation based on any permanent, life-changing injuries you have suffered.
If the attorney is unable to reach a settlement agreement with the insurance company, they will file a lawsuit on your behalf. The attorney will prepare pleadings that show how the other party was guilty of negligence, comparative negligence, or any other tort deemed appropriate in your case.
In a count for negligence, the pleadings must show that the driver of the vehicle owed the bicyclist a duty. It must show that the driver breached that duty when they hit you, causing you injury.
It must further state that the breach of duty was the direct and proximate cause of your injury and that as a result of that injury you have suffered damages. They will state a dollar amount for the damages suffered and request that a jury award at or above that amount. This allows the jury to make any award they deem appropriate.
They will meet court deadlines for filing of all responsive pleadings, motions, witness and exhibit lists, and more in accordance with court rules. Discovery includes interviewing witnesses, finding experts, and obtaining the curriculum vitae for experts. Your attorney will prepare and respond to interrogatories, depositions, and more.
A bicycle collision lawyer will be familiar with the legal process. They will know what is required to present your case so you can receive the compensation you deserve. They will be comfortable appearing in front of a judge on numerous occasions, sometimes under tense circumstances, and presenting your case.
Check the Reviews
One of the best ways to know if you have an experienced Miami bicycle attorney who can get the job done is to check their reviews.
Prior clients are the best judge of what the attorney you are considering can do for you.
Don’t Delay, Call Today!
If you or a loved one has been in a car-on-bike accident you need a Miami bicycle lawyer who knows the cyclist’s rights to the road. Contact the Law Office of Jeffery A. Vivo at 561-665-1130 for a free consultation.
Serving clients who have experienced crashes in Miami, West Palm Beach, Boca Raton, and Ft. Lauderdale, they will get the job done. Don’t Delay – Call Today!