How Bicycle Accident Cases Differ From Other Injury Lawsuits
Florida is known as one of the most dangerous states in the country for cyclists. This means that motorists and cyclists alike should be well-versed in the obstacles they may face when filing a legal claim after a crash. Read on to learn more about some of the complexities of Florida bicycle accident cases.
Bicycle Accidents Are Often Serious
There isn’t really such a thing as a fender-bender when a vehicle and a bicycle are involved. Even collisions that occur at relatively low speeds are still likely to result in very serious injuries for the cyclist. Common injuries include cuts and bruises, broken bones and dislocations, especially to the arms and legs, traumatic brain injury (TBI), and internal injuries. Because the injuries are so serious, damages awards and settlement offers tend to be a lot higher in bicycle accident cases than with other injury claims.
The Laws are Different
While bicyclists have many of the same rights and responsibilities as other motorists, they are also subject to a set of different laws. For instance, when a car passes a cyclist, the driver must provide a buffer of at least three feet. Drivers who park on the side of the road are also required to look carefully for signs of cyclists before opening their car doors. Whether a driver or cyclist was in violation of one of these laws can have a significant impact on liability for an accident.
Cyclists Don’t Have to Carry Insurance
Another thing that can complicate bicycle accident claims is that cyclists, unlike other motorists, aren’t required to carry liability insurance. This can complicate matters in a no-fault state like Florida, where accident victims are usually required to first file claims with their own PIP insurers when seeking compensation for their medical bills and vehicle damage. When a cyclist is involved in an accident and he or she also carries PIP insurance, then it’s possible to still file a claim with that provider. Cyclists who don’t have this coverage, however, will need to file a claim with the other driver’s provider. Unfortunately, these policies rarely cover a cyclist’s bills, as the injuries sustained in collisions with drivers are almost always severe. In these cases, a cyclist will likely need to step outside of the no-fault system and file a claim in court.
Contact an Experienced Tampa Bicycle Accident Lawyer Today
An injured cyclist’s ability to recover damages after an accident will depend on a number of factors, including who was at fault for the crash, the limits of the parties’ insurance policies, and the severity of the injuries suffered. For an assessment of the strengths of your own case, please call Anderson & Anderson and we’ll get started on investigating the cause of your own crash. today. As what you might call a big small law firm, our office has the resources and experience, as well as a large support staff necessary to fully investigate your case, while also ensuring that every aspect of your claim is handled personally. Call us at 813-251-0072 to set up a meeting with one of our dedicated Tampa bicycle accident lawyers today.
Sources:
flhsmv.gov/pdf/crashreports/crash_facts_2021.pdf
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.083.html
