Riding a bicycle in Titusville, Florida is a great way to get activity and save money on gas. However, even when you’re as careful as possible, you can still get into an accident that leaves you injured. If this has happened to you, you may be entitled to compensation.
Key Facts About Bicycle Accident Claims in Titusville, Florida
You must know some key facts about bicycle accident claims. They are Florida’s bicycle laws and regulations, the definition of bicycle accidents, the circumstances of shared fault and recovery and the statute of limitations.
Florida Bicycle Laws and Regulations
According to Florida Statute 316.2065, all cyclists must follow bicycle laws and regulations. They must follow the same traffic laws as drivers by yielding the right of way, riding with traffic and using bike lanes where available. Additionally, riders under 16 must wear a well-fitted bicycle helmet.
Definition of Negligence in Bicycle Accidents in Florida
The definition of negligence in Florida bicycle accidents is that someone has failed to use reasonable care to cause the situation. Breaching that duty of care can cause an accident and harm others.
Circumstances of Shared Fault and Recovery
Florida is a comparative negligence state for actions based on negligence. According to Florida Statute 768.81, this means if a person is in a bicycle accident and found partly at fault, their percentage of responsibility is deducted from the damages they seek. For example, a cyclist is considered 10% at fault for a bicycle accident due to ignoring a red light while a driver is under the influence is deemed 90% at fault. If the injured cyclist seeks $10,000 in damages, they would recover $9,000.
Florida’s Statute of Limitations
According to Florida Statute 95.11, the statute of limitations for bicycle accidents is two years. You must file a claim within that time to recover compensation.
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Key Factors That Determine Case Worth in Florida
There are key factors that can determine a case’s worth in Florida. They include severity of injuries, long-term impact on quality of life and insurance coverage.
Severity of Injuries
The severity of your injuries from a bicycle accident determines how much you get in compensation. Your medical records and bills can show the nature of your injuries and what you should recover.
Long-Term Impact on Quality of Life
If your injuries have a long-term effect on your quality of life, your bicycle accident case might be worth more. It doesn’t matter if this relates to physical injuries, mental health or both.
Insurance Coverage
Many bicycle accident cases involve insurance companies. If the victim’s damages exceed the at-fault driver’s coverage, it’s insufficient to compensate them. The same applies if the driver is uninsured or underinsured.
Types of Damages Available for Injured Cyclists in Titusville, Florida
Certain types of damages are available for injured cyclists in Titusville, Florida. They include medical expenses, lost wages, pain and suffering, property damage, loss of earning capacity and emotional distress.
Medical Expenses
A bicycle accident can result in hefty medical expenses. Even if your injuries are milder, your treatment could still cost you high out-of-pocket numbers.
Lost Wages
Bicycle accident injuries can prevent you from working. When this is the case, you can recover lost wages as part of your damages. An official letter from your employer and a paystub showing your regular wages can help prove how much you’re entitled to recover.
Pain and Suffering
Physical pain and suffering is a common type of damage you can recover. Bicycle accidents often leave victims reeling from physical injuries such as disfigurement, disability or aggravation of a preexisting condition.
Property Damage
If a bicycle accident causes damage to or totals the bike, the victim can recover compensation for property damage. This is to pay for repairs to the bicycle or to replace it.
Loss of Earning Capacity
Victims of bicycle accidents who cannot work due to their injuries can claim loss of earning capacity. This is the amount of money they would have earned if they had been able to continue working.
Emotional Distress
Emotional distress falls under the category of noneconomic damages. The victim of a bicycle accident may be left with depression, anxiety, post-traumatic stress (PTSD) or other psychological harm, which entitles them to recover compensation.
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Common Causes of Bicycle Accidents in Florida
Florida bicycle accidents occur due to certain factors. The most common are dooring accidents, driver negligence, poor road conditions, bicyclist errors, distracted driving and speeding.
Dooring Accidents
A car door opening in a cyclist’s path can lead to a dooring accident. The victim can collide with the door and get thrown or avoid the door but crash into another vehicle, object or pedestrian.
Driver Negligence
Most bicycle accidents are caused by driver negligence. A driver might disregard a cyclist and fail to give them the right of way or not give enough room when changing lanes in front of a bike. Whatever the situation, negligent actions by drivers can cause serious injuries to cyclists.
Poor Road Conditions
Poor road conditions such as uneven pavements, potholes and other situations can cause bicycle accidents. A cyclist may not have enough time to react before spotting the problem and crash.
Bicyclist Errors
Cyclists sometimes cause accidents due to errors. This can include ignoring traffic laws, riding against traffic, failing to signal or failing to equip the bike with lights and reflectors.
Distracted Driving
Distracted driving is a major cause of deadly bicycle accidents. Even if a driver’s attention is off the road for seconds, it can cause a severe wreck. When a cyclist is involved, they can face the direst of consequences.
Speeding
Speeding is dangerous for anyone on the road, but it’s especially so for cyclists. A bicycle accident caused by a speeding driver can cause death.
Immediate Steps to Take After a Bicycle Accident in Titusville, Florida
After a bicycle accident in Titusville, Florida, you must take immediate steps. They include seeking medical attention, gathering evidence, contacting law enforcement, documenting your injuries, avoiding discussions of the accident on social media and consulting with a lawyer.
Seek Medical Attention
Bicycle accidents often cause severe injuries. This stresses the urgency of seeking medical attention. You can receive the treatment you need and gain evidence of your injuries through medical records and expenses.
Gather Evidence
Gather as much evidence as possible on your bicycle accident. In addition to your medical records and related expenses, this should include photos, videos, accident reports and witness statements.
Contact Law Enforcement
Call 911 immediately to get police to the scene. An officer will speak with you and create an accident report. You can get a copy to retain for your records.
Document Your Injuries and Recovery Process
Document your injuries, their severity and how they impact your daily life. Include information about your recovery and note the length of time and the types of follow-up treatment you’ve undergone.
Avoid Discussing the Accident on Social Media
You might want to post about the bicycle accident on social media, but it’s best to avoid that. Don’t post photos of you looking healthy, either. It can hurt you in your injury claim.
Consult with a Lawyer
Consult with an experienced bicycle accident lawyer. They can protect your rights and get you the best compensation.
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Why You Need an Experienced Bicycle Accident Attorney in Titusville, Florida
Consult with an experienced bicycle accident lawyer. They can protect your rights and get you the best compensation.
Have you been injured while cycling in Titusville, Florida? Don’t attempt to navigate the complex legal landscape on your own. The dedicated team at Andrew Pickett Law specializes in bicycle accident cases and is fully committed to securing maximum compensation for riders just like you.
Take the crucial first step towards obtaining justice – reach out to us today for a complimentary, no-pressure consultation. Whether you choose to call our office directly or prefer to use our online form, we’ll promptly connect you with our attorney. They will carefully assess the details of your case and provide clear guidance on your available options. Let our experienced team help you get your life back on track after your bicycle accident in Titusville.
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