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What Are the Bicycle Accident Laws in Florida?
The law in Florida classifies bicycles as cars and requires cyclists to observe utmost care and observe traffic rules on the road. They must stop when the lights turn red or encounter stop signs, follow all road signs and markings, and yield to other vehicles and pedestrians. There are also rules meant to enhance a cyclist’s safety, such as:
- Using lights when cycling between sunset and sunrise, with the front white light being visible from 500 feet and a red rear reflector that others can see from 600 feet
- Having functional brakes that can stop within 25 feet when moving at 10 miles per hour on dry ground
- Not cycling while intoxicated
- Riding as far to the right as possible when cycling on sidewalks.
Disobeying these regulations can lead to fines or citations. Given the classification and rules for bicycles, cyclists are also given equal rights as drivers. Personal injury lawyers in West Palm Beach say cyclists have various legal options to help them protect these rights if injured in an accident. Seeking compensation for the damages is one such option.
How Can I Pursue Compensation After a Car Accident in West Palm Beach?
Getting involved in a bicycle accident can be scary, and you may not know what to do. It’s advisable to seek legal support from experienced West Palm Beach bicycle accident attorneys to help you seek legal remedies. Before pursuing compensation, lawyers advise that you do the following:
- Report the accident: The law requires that all collisions involving motor vehicles be reported to the local or state law enforcement agency. A police officer may come to the scene to document the crash, depending on the case specifics.
- Seek medical care: You may not be able to pursue compensation for your injuries without a medical report about the injuries. The type and extent of an injury sustained in an accident go a long way in determining whether you can receive compensation and how much. Early medical intervention also reduces the risk of further complications.
- Document the accident scene: Taking photos or videos of the accident scene is advisable, depending on the accident’s severity and how you feel after the crash. This evidence will be crucial in strengthening your claim.
Having undertaken these steps, your bicycle accident lawyers in West Palm Beach can help you proceed with the other legal procedures of pursuing a claim.
Determining Liability
Your lawyers will investigate the incident to decide who should be liable for the crash. The cause of the accident and who was at fault are crucial factors that help legal experts establish liability. Potential parties that could have contributed to the crash include:
- A driver whose senses were impaired while driving, distracted, or disobeying traffic laws
- A government agency that overlooked maintenance of the road on which the accident happened, exposing you to hazards that caused the accident
- Another cyclist for riding into oncoming traffic or not using the designated bicycle lane
- Bicycle or car parts manufacturers or repairers if the accident was due to faulty bicycle or car parts.
You could also be at fault for the accident, a factor that can change your case’s trajectory. In that case, your personal injury attorneys in West Palm Beach can advise if you would still be eligible for compensation.
How Do I Prove Negligence in a Bicycle Accident?
After determining who was at fault for the accident, your lawyers must prove that the party was negligent. Crucial legal elements involved in proving negligence are:
- Duty of care: Your legal experts must demonstrate that the at-fault party owed you and other road users a duty of care. The law requires motorists and all road users to exercise caution and be careful not to cause injuries to themselves and other parties.
- Breach of duty: Your lawyers will present a solid case to demonstrate that the negligent party breached their duty of care by disregarding a traffic law or driving under the influence, for example.
- Causation: A relationship between the breach of duty and your injuries must exist. The driver could argue that something other than the accident caused your injuries, so they’re not liable for damages. Skilled lawyers can effectively demonstrate causation to protect your rights.
- Damages: The last element entails providing evidence that you suffered damages. These include physical injuries and property damage. You may not have a legal claim if you didn’t suffer a loss.
How Do I File a Claim with the Insurance Company?
Once your bicycle accident lawyers in West Palm Beach have a solid case, they can help you file a compensation claim with the relevant insurance company. Florida has no-fault insurance laws, meaning anyone involved in a motor accident should receive compensation. This should cover medical expenses and lost income, processed through personal insurance policies.
Filing a compensation claim is especially crucial if your injuries entail the following:
- Significant disfigurement
- Permanent organ damage that limits its function
- Painful bone fractures
- Total disability for at least 90 days
If negotiations with the insurance company fail, your West Palm Beach bicycle accident lawyers can help you file a personal injury lawsuit. The process can be stressful and time-consuming, so ensure you engage in extensive legal consultations to explore your options.
A Skilled Personal Injury Attorney Helping You Explore Available Legal Options After a Bicycle Accident
The legal options available after a bicycle accident vary based on the case’s specifics. Nonetheless, you can maximize legal protections if you understand your rights and how the system works. Skilled bicycle accident lawyers in Florida can help you navigate the nuances.
The Gonz. Law Group has knowledgeable personal injury lawyers dedicated to helping injured bicyclists obtain maximum compensation for damages. We can evaluate your case and guide you on the way forward. Call us at 561-639-7858 for a FREE consultation.
