Given the beautiful weather in South Florida, many Floridians love bicycling for exercise and enjoyment. Unfortunately, even bicyclists who choose to protect themselves with helmets and gear are prone to serious and sometimes fatal injuries due to erratic South Florida drivers.
Bicylists are obligated to follow traffic laws the same as pedestrians and motor vehicles. Bicycles can be legally operated on Florida sidewalks and crosswalks, but even the most careful cyclist is no match against a steel motorcycle or car.
Bicycles are so dangerous because they do not offer the protection that a motor vehicle provides. Bicyclists who have no protection other than a helmet and possibly clothing are up against faster, bigger, and heavier cars.
Because bicyclists are unprotected, in the event of a collision with a motor vehicle, bicyclists are prone to serious injuries. These injuries include lacerations, contusions, fractures, head injuries, traumatic brain injuries, paralysis, spinal cord injuries, loss of limbs and amputation, and often death.
Although wearing a helmet is optional in Florida for those riders over age 16, it is highly recommended to wear one. This is not only due to the extra head, brain, and spinal cord protection a helmet provides but also because if you do not wear a helmet and are injured due to someone else’s negligence, the insurance companies will point the finger at the fact you did not wear a helmet as a reason to decrease or diminish your compensation. In Florida, if a person is partially at fault for causing their own injuries, their compensation will be reduced proportionally by the amount they are found to be at fault. It is important for bicyclists to mitigate their damages and protect themselves on the road.
If you are a bicyclist involved in a crash where you are hit by a car, truck, motorcycle, or other vehicle, it is important to take immediate steps to preserve your claim and set yourself up for the best chance at maximum recovery.
If you are physically able to, call 911 immediately. Insist that an ambulance come to the scene of the crash to check your vitals and advise whether you should be transported to a local hospital or not. This is especially important because bicycle accident victims are prone to internal injury that may not be visible immediately.
After you call 911, take photos and videos of the accident scene as long as you are able. Do not speak with the at-fault driver during this time, but if they approach you, make a note of anything the other driver says to you, such as apologizing or explaining what happened. Anything you say during this time can end up being used against you, so although it may be awkward, it is better to remain silent or unengaged with the other driver.
While you wait for the police and the ambulance to arrive, see if you have your auto insurance card in your wallet. If you do not have auto insurance, do not worry.
If you do not have auto insurance, you may still qualify to receive personal injury protection (PIP) benefits if you live with a relative who owns a car, or even though the at-fault driver’s own insurance. PIP benefits pay for the first $10,000 of your medical bills, whether you caused the accident or not. In other words, these are “no-fault” benefits.
When the police officer arrives, speak to her out of earshot of the other driver. What you say to the police officer is protected by the accident report privilege and cannot be used against you in court. Let the officer investigate the accident and insist on the completion of a police report. Request a copy of the police report and make arrangements with the officer on how to obtain a copy.
Once the scene is cleared, there are several more steps that are necessary to preserve your claim. You should call an attorney as soon as you are able to, so they can walk you through the process and help take pressure off of you so that you can concentrate on your medical care.
An attorney will call in your claim to the insurance companies so you do not have to. The attorney will act as your liaison between the companies, and can also help you get your bicycle fixed or replaced as soon as possible.
Meanwhile, you should get immediate medical attention, especially to check for internal bleeding and internal injuries that are not visible to the naked eye, unlike bruising, cuts, lacerations, and open wounds. These internal injuries may be life-threatening, and it is important to be checked out by a qualified doctor as soon as possible.
Contact a Lake Worth Bicycle Accident Lawyer Today
Contact the lawyers at Warner & Fitzmartin as soon after your bicycle accident as possible so we can help you preserve your rights and present the strongest claim for damages on your behalf.
Types Of Bicycle Accident Cases We Handle
Even if you’re involved in a single-vehicle bicycle accident, you may have grounds to file a claim for personal injury damages. At Warner & Fitzmartin, Personal Injury Lawyers, we help bicycle accident victims like you in all types of bike accident cases.
- Car/Bicycle Collisions: When a motor vehicle driver strikes a cyclist, whether due to distractions, driving under the influence, failure to yield, speeding, or failure to obey traffic signals, we hold the at-fault driver responsible for damages.
- Dooring Accidents: This type of accident happens when someone in a parked car opens their door without looking, either hitting a cyclist or causing an obstruction that a cyclist cannot avoid in time to prevent working.
- Left/Right Turn Accidents: A dangerous accident can occur when a driver makes a left—or right-hand turn and fails to look for others sharing the road or fails to yield the right of way to a cyclist.
- Hit-and-Run Accidents: A cyclist is hit by a driver who flees the scene. Leaving the scene of an accident where someone is injured is a crime in Washington State, and the driver may face both criminal charges and civil penalties.
- Cyclist vs. Pedestrian Accidents: If a pedestrian fails to yield to a cyclist (such as in a crosswalk) or if a bicycle rider is riding on the sidewalk and hits a pedestrian, all involved can face serious injury.
- Single-Bike Accidents: Even if a cyclist crashes on their own, it may not be entirely their fault. Single-bike accidents could be due to broken pavement, poorly maintained bike paths, road hazards that would not faze a car, or even mechanical failure (either a bike defect or improperly performed repair).
- Accidents Involving Poor Road Conditions: The municipality responsible for maintaining bike paths, bicycle lanes, and roads and sidewalks can be held liable if a cyclist wrecks due to uneven pavement or potholes that should have been properly repaired.
- Bicycle Defects and Malfunctions: Faulty bike components, such as a tire blowout, brake failure, or other issue, could be attributed to either the mechanic or the bike manufacturer or designer.
- Drunk Driving Accidents: Driving with a blood alcohol content of 0.08% or driving under the influence of drugs is illegal in Washington State. DWI or DUI accidents can cause deadly injuries for cyclists.
- Cyclist vs. Bicycle Lane Accidents: It’s illegal for cars and trucks to use bike lanes; if an errant motor vehicle enters a bike lane, it can hit a cyclist legally using the bike lane.
- Semi-truck vs. Cyclist Accidents: These are the most devastating types of collisions. An 80,000-pound semi can easily cause deadly injuries to a cyclist in its path.
Have you or someone you love been injured in a bicycle accident? Do you need help asserting your legal rights to compensation? Please contact Warner & Fitzmartin—Personal Injury Lawyers today for a personalized consultation.
Bicycle Accident Cases We Handle
Cycling is a healthy, eco-friendly way to commute, exercise, and enjoy the outdoors—but it also comes with risks, especially when sharing the road with careless or distracted drivers. Bicycle accidents can cause devastating injuries, and too often, they happen because of another party’s negligence. Our Lake Worth, FL bicycle accident lawyers are committed to protecting the rights of injured cyclists and helping them recover the compensation they deserve.
We handle a wide range of bicycle accident cases, each with its own unique legal challenges. Below are some of the most common types of bicycle accident cases we manage for our clients.
Collisions With Motor Vehicles
The most serious bicycle accidents often involve motor vehicles. Whether it’s a car, truck, or SUV, even a low-speed impact can lead to catastrophic injuries for a cyclist. These crashes may result from:
- Drivers failing to yield
- Distracted or texting drivers
- Unsafe passing
- Opening car doors into bike lanes (“dooring” accidents)
- Speeding or aggressive driving
We conduct thorough investigations, gather traffic camera footage, police reports, and witness statements to build a strong case on your behalf.
Hit-and-Run Bicycle Accidents
Hit-and-run incidents are unfortunately common in bicycle collisions. If the driver leaves the scene, it can feel like justice is out of reach—but you may still have options. We help victims file uninsured motorist claims and work with authorities and private investigators to identify the at-fault driver whenever possible.
Bike Lane And Intersection Accidents
Bike lanes are meant to offer protection for cyclists, but not all drivers respect them. Many bicycle accidents occur in or near intersections where visibility is limited and drivers may ignore right-of-way laws. We specialize in holding negligent drivers accountable in these high-risk scenarios.
Dangerous Roadway Conditions
Government agencies are responsible for maintaining safe roadways for all users, including cyclists. When poor road design, potholes, debris, or lack of signage contributes to a bicycle accident, we investigate whether a city, county, or contractor may be liable. These cases involve strict deadlines and notice requirements, and we have the experience to handle them properly.
Defective Bicycle Or Equipment
Sometimes, the accident isn’t caused by a driver or road condition, but by a defective bike or component. Brake failures, faulty tires, or cracked frames can all lead to serious crashes. We pursue product liability claims against manufacturers and retailers when a defective part is to blame.
Dooring Accidents
A common urban hazard for cyclists is a driver or passenger opening a car door into their path. These “dooring” accidents can cause cyclists to flip over their handlebars or be thrown into traffic. We help victims prove negligence and recover for medical costs, lost income, and more.
Let Us Help You Get Back On Track
Bicycle accident injuries can be life-altering, often involving head trauma, broken bones, or spinal damage. The emotional and financial toll can be overwhelming, but you don’t have to take it on alone.
At Warner & Fitzmartin – Personal Injury Lawyers, we stand up for injured cyclists and pursue full compensation for medical expenses, lost wages, pain and suffering, and long-term care. Our Lake Worth bicycle accident lawyers understand the unique legal and safety issues cyclists face, and we’re here to help.