Lake Worth Bicycle Accident Lawyers
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.