Orlando Bicycle
Accidents Lawyers
Orlando residents use bicycles for walking, exercise, and personal and business activities. Throughout the county, there are designated lanes for this mode of transportation. However, when taking to a public highway, a bicyclist faces a high risk of being involved in a bike accident. Car and truck drivers believe that Orlando bicycle accidents are the fault of the bicyclist, as the bicyclist is more likely to violate traffic laws. In practice, both the bicyclist and the car driver may be found guilty of a bike accident. Florida has developed an official bicycling code, the Florida Cycling Accident Act, which regulates the legal status of bicyclists as road users. Since 2012, there has been a significant increase in the number of bike accidents in the state. This is because while bike sales are increasing, the behavior of both bicyclists and car drivers has worsened. At the same time, Orlando Bike Injury Lawyers have noted a sharp increase in clients who were pedestrians and injured by bicyclists.
Talk to an experienced personal injury attorney
The Florida Cycling Accident Act is unique in that a victim of a bike incident is limited to filing a no-fault lawsuit to be recognized as an injured party. However, our Bicycle Accident Attorney knows the intricacies of the law and can help a bike incident victim sue the driver of the car or truck under certain conditions. By getting advice from our bike accident lawyer, you can follow the letter of the law in Personal Injury Protection (PIP) no-fault insurance.
Everyone involved in an auto incident (pedestrian, bicyclist, car driver) can file a claim with the court or insurer according to the available auto insurance policy. If you have been involved in a car incident, we recommend that you contact our Orlando Bicycle Accident Attorney for a free consultation.
Orlando bicycle accident statistics
The Florida Department of Motor Vehicles maintains statistics on bicycle accidents, including those in Orlando. Since 2012, there has been a dramatic increase in the number of Orlando bicycle incidents. In 2012, for example, there was a 28% increase in the number of accidents compared to 2011, with another 31% increase in 2013. In subsequent years, the number of incidents increased by an average of 20-30%. Attorneys thoroughly analyze the statistics and report that the state’s bicycle fatality rate per 100,000 people is 0.57. This is the highest rate in the U.S. Bicycle Accident Lawyers confirm that most deaths involve collisions between a bicycle and a car or truck.
At night, most motorists fail to see bicycles, which causes incidents with terrible consequences. On average, 150-180 bicyclists are killed each year across the state. In addition, personal injury lawyers note that up to 1500 people are injured each year.
Most common types of bicycle accidents
A bicyclist is the most vulnerable person on the road, as they are not protected in the event of a collision with a car or other obstacle. Even special protective equipment does not always save a bicyclist from injury or damage.
Our Orlando Bicycle Accident Attorney offers a look at the most common causes of bicycle incidents.
- Dangerous overtaking. The driver of a car does not maintain an appropriate distance and prevents the bicyclist from making a maneuver. Most often, the right side of the car or the mirrors are hit.
- Dangerous turning and refusing to yield the road. There is a designated ride zone for the bicyclist, and the car driver violates the bicyclist’s priority right by not allowing him or her to maneuver to turn at intersections. Attorneys note that this is the most common cause of severe head injuries.
- Ignoring designated lanes. Bicyclists have designated areas in which they have the right to travel. Attorneys note that about 35% of car incidents involve this factor.
- Opening car doors. A very high rate of Orlando bicycle accidents happens when a car driver stops but is not sure if a bicyclist is moving behind him or her. The open door can then hit the moving bicycle.
- Drunk driving. Lawyers often encounter cases in which a drunk bicyclist or car driver is the primary cause of an Orlando bicycle accident.
- Ignoring a stop sign or stoplight. Distracted cyclist movement and reckless driving, as noted by attorneys, is a frequent cause of bicycle accidents. Drivers of cars ignore said sign, resulting in collisions with pedestrians and bicyclists.
Orlando Bike Injury Lawyers note that hit-and-runs are also common causes.
Injuries associated with bicycle accidents
A bicyclist’s vulnerability in a collision with a car or other obstacle results in bodily injuries. In severe cases, it can even result in death.
When handling cases, an Orlando Bike Accident Lawyer confronts bicyclists with more than one type of injury. In such cases, the lawyer must carefully detail the injuries.
The bicyclist must see a doctor within 14 days to document any injuries. Attorneys recommend seeing a doctor even if you don’t have obvious injuries. The statute of limitations is 4 years, and if you suffer health complications related to your Orlando bicycle accident during this period, you can file a claim with your insurer or the at-fault party for compensation stemming from your impaired health as a result of the incident.
The most common injuries recorded for bicycle accidents are:
- brain injury;
- spinal cord injury;
- broken bones in the arms and legs;
- soft tissue cuts;
- dislocations;
- facial injuries;
- dental injuries.
Our Bicycle Accident Lawyer recommends keeping medical bills that your existing insurance can reimburse.
Orlando bicycle accident law
Lawyers pay attention to a certain rule for bicyclists within the state of Florida. If you do not have an auto insurance policy, the Bicycle Accident Law provision comes into play. In this case, a claim can be filed as the responsible driver. You can get compensation according to PDL (Damage Caused) criteria, as well as bodily injury insurance or another available insurance certificate. Contact an attorney for a detailed explanation of how to apply the Florida Cycling incident Act to your case.
FAQs
The help of a professional Orlando Bicycle Accident Lawyer is necessary not only for injured cyclists but also for others involved in an incident.
Bicycle accidents are not uncommon. Only an experienced attorney can help make sense of the situation and determine the degree of guilt or innocence of the pedestrian, car driver, and bike rider themselves.
How long do I have to file a personal injury lawsuit for injuries sustained in a bike crash?
Under state law, those involved in a bike incident can file Orlando bicycle accident lawsuits for up to 4 years from the date of the incident. If you miss this deadline, you lose the right to sue. Our Orlando Bicycle Accident Lawyer strongly recommends that you do not drag out the issue of a lawsuit because there are certain time limits for the examination. In some cases, the appraisal may become irrelevant after a year. Then the attorney will have to file requests to have the court panel re-evaluate the appraisal.
How can I protect myself ?
A bicyclist is just as much a road user as a truck driver, tractor-trailer driver, passenger car driver, or regular pedestrian. Our Orlando Bike Accident Lawyer recommends strict adherence to the state’s traffic laws. However, no one is immune to force majeure, so you should proceed with extreme caution after an incident.
- Call 911 and report a bicycle accident.
- If people are hurt, tell the 911 emergency operator.
- Wait for a police officer to arrive. Our lawyer recommends that you do not give the police officer your opinion about who caused the incident; otherwise, your testimony could be used against you.
- Gather contact information from participants and witnesses to the incident. The police officer should also take down this information in his or her report.
- Take pictures or videos of the incident scene. Do not broadcast the incident on social networks. Otherwise, you will violate the secrecy of the investigation and may be prosecuted.
- Call your insurer and provide information. Our attorney does not recommend signing any documents after the insurance agent arrives, as there is a risk of getting a lower amount of compensation.
- Call your Orlando Bicycle Accident Lawyer for advice on what to do next.
Important notice! Our Bicycle Accident Attorney reminds you to see a doctor within 14 days of the date of the incident, even if you have no serious injuries. Thereafter, if you suffer a health complication related to your Orlando bicycle accident, you may be able to receive reimbursement for your medical bills.
How long will it take to settle my bicycle accident case?
The exact length of time will depend on the circumstances. Sometimes a thorough examination of the incidentscene is required so that each party’s degree of culpability can be determined. An Orlando Bicycle Accident Lawyer may also be involved in the expert evaluation.
The trial may take between 3 and 6 months, but sometimes circumstances can lengthen that period of time. An important requirement for all parties involved in an incident is that a claim must be filed no longer than 4 years from the time the incident occurred.
Does insurance cover bicycle accidents?
To understand how bicycle accident coverage works, our Bicycle Accident Attorney draws your attention to the special law in Florida that applies to bicyclists. Florida’s no-fault insurance (PIP) law states that coverage applies to whatever type of auto insurance you have, including if you are a bicyclist. For litigation or pre-trial proceedings, our Bicycle Accident Lawyer can help draft claims with the following recoveries (based on the amount of your insurance coverage):
- 80% of all available coverage amounts are allocated proportionately to medical expenses such as ongoing treatment, rehabilitation, etc. This amount also includes expenses for the doctor, the nurses, and other services of the medical organization. Keep all medical bills, and then have a personal injury lawyer help you submit a claim for reimbursement.
- 60% of the total base of coverage will be allocated to the “job loss” factor if you are on sick leave or have lost your job due to the incident. If you lose your job as a result of the accident, contact an attorney and get help with your claim against the insurance company.
- A proportionate amount of coverage is allocated for other purposes, such as child care, home care, car repairs, etc. The exact amount of aggregate coverage will be determined by the degree of culpability of the party involved in the incident, as well as the nature and severity of the injuries. Contact an Orlando Bicycle Accident Lawyer and get help calculating and drafting a claim against the insurers or at-fault party in the car incident.
Will my bike be replaced?
This option is allowed under PIP insurance. Our attorney recommends that you get an expert opinion that you are unfit to operate the vehicle. In addition, there is an additional requirement that Orlando Bicycle Accident Lawyer reminds you of. Also, within 10 days of the incident, you must report the incident to the Florida Department of Motor Vehicles. After the necessary procedures are followed, a claim for compensation for the damaged bicycle will be filed.
To whom should I report the accident?
After an Orlando bicycle accident, the bicyclist must report information about the incident. Our Orlando Bicycle Accident Lawyer recommends reporting the information to the following parties.
- The emergency services operator at 911;
- The Florida Department of Motor Vehicle Accidents;
- Your insurer;
- A Bicycle Accident Attorney.
When you contact the Florida Department of Motor Vehicle Accidents, you will need a document or report from a police officer. Our lawyer recommends that you give your insurer information about the incident, but do not sign any paperwork. If you are having trouble, call our Bicycle Accident Lawyer for detailed instructions on how to proceed.
Can more than one driver be held liable for my injuries in a Florida injury claim?
If an Orlando bicycle accident involved a collision between 2 or more drivers, and if you are the injured party in the incident, the liability of each driver, as well as your liability, will be determined under the Modified Degree of Fault Act. An expert will determine each party’s degree of fault, and a proportionate amount of compensation will be set. Our attorney recommends that you get advice and assistance with the calculation and examination to determine each party’s degree of fault in order to calculate compensation for you as the injured party.
Do I have to obey the same traffic laws that cars and other vehicles do?
This is an absolute requirement, which unfortunately many cyclists ignore. Compliance with traffic laws and safety measures is mandatory for drivers of any vehicle. Our Bicycle Accident Lawyer reminds you that you must follow traffic laws:
- Wear a helmet.
- Move in the same direction as all major traffic.
- Keep to the right of way when exiting onto a main thoroughfare.
- Observe traffic signs and appropriate signals.
- Make sure you can see intersecting and turning vehicles.
- Use headlights and other light identification signs when driving at night.
Following these rules reduces the number of incidents. Our attorney strongly recommends that you learn the rules of the road before you ride your bike.
What laws does Florida have to protect cyclists?
Several laws in the state govern bicycle accidents. Bicycle Accident Lawyers use the following laws to seek compensation and regulate other issues:
- Florida’s No-Fault Insurance Law;
- Florida Bicycle Accident Law;
- The 2020 Florida Statutes, Title VIII, Chapter 95.
Each law is nuanced and will require the help of our Orlando Bicycle Accident Lawyer so that you can obtain fair compensation or a fair resolution.
Should I discuss my bicycle accident with an auto insurance adjuster?
Interacting with a traffic police officer is a must. However, there are several factors that you should consider when communicating. Our personal injury lawyer recommends the following tips.
- Do not impede the investigation.
- Do not tell the police officer about who you think caused the incident.
- Obtain information about the witnesses and other parties involved in the incident on the report.
If someone needs medical attention and there is no time to wait for an ambulance, inform the people involved in the incident that you will take the victim to the hospital. You should then return to the scene of the incident.
Should I hire a lawyer to represent me after an Orlando accident?
As the practice of our attorneys shows, in most cases the injured parties in a car incident lose or receive less compensation if they pursue the case on their own. Our attorneys have documented many cases in which an incident victim signed documents with the insurer, which resulted in the insurance company significantly reducing the amount of compensation. To avoid these unfortunate situations, we recommend that you contact our Bicycle Accident Lawyer immediately after an automobile accident for a free consultation. The attorney will investigate the circumstances of the case and prepare claims against the insurance companies, the perpetrators of the accident, or the court department. Relatives of car accident victims can also get help from a lawyer, who will prepare a claim and help them obtain compensation for the death of the cyclist.
What if a defective bicycle caused the accident?
Unfortunately, defective bicycles are very often the subject of litigation. In this case, a detailed examination of the technical condition of the bike at the time of the accincident ident is carried out. If it is proven that the bike was defective because of the manufacturer, our Bicycle Accident Attorney can help you draw up a claim against the manufacturer, who will be required to pay additional compensation as determined by the court. Our Bicycle Accident Attorney recommends that you do not delay in getting your bike inspected, as there are time limits for expert results.
Important steps to follow after a hit-and-run bicycle accident
The first thing our Bicycle Accident Lawyer advises you to do is not panic. Soberly assess the situation. Call 911 to report the incident and indicate whether medical assistance is needed for others involved in the accident. Next, personal injury lawyer recommends reporting the incident to your insurance company. However, you do not need to sign any documents with the insurer after they arrive. Call our lawyer and get detailed instructions for your next steps. Remember, you must report the incident to the Florida Department of Motor Vehicles within 10 days. In addition, the lawyer strongly recommends that you see a doctor for an examination within 14 days of the incident. By complying with all of these requirements, you can expect a fair resolution of your bicycle accident case.
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Contacts
THE NUNEZ LAW FIRM ORLANDO LOCATION
(407) 264-8773
TheNunezLawFirm@gmail.comWe are open Monday-Friday 9am-5pm.