Frequently Asked Questions About Bicycle Accident Injury Lawsuits

The sunny skies and warm weather of St. Petersburg or Tampa might seem like the perfect setting for a healthy, happy road trip, workout ride, or daily commute on your bicycle. However, Florida has a reputation as the deadliest state in the U.S., not only for pedestrians but also for cyclists who get involved in traffic accidents.

If you as a cyclist have recently suffered a debilitating injury as the direct result of a driver's negligence, you may find that you can successfully sue that driver for financial compensation, but only if you first understand the basic principles and rules behind such a lawsuit. Take a look at the answers to some frequently asked questions on the subject.

Why Do Collisions Between Cars and Cyclists Occur?

The majority of accidents involving drivers and cyclists stem from some sort of driver error, although cyclists can also make mistakes that lead to such accidents. Most of the accidents occur on weekdays between 8:00 a.m. and 6:00 pm due to a combination of crowded streets, road rage, and sloppy driving habits.

A variety of driving and cycling mistakes can lead to bike accidents. Typical examples include running a stop sign, failing to yield, swerving, and jumping the curb. A sudden, illegal turn can also cause a car to collide with a cyclist or even a whole group of cyclists.

What Steps Should You Take Following a Bicycle Accident?

You should do everything you can to document the circumstances and details of your bicycle accident injury as soon as possible. Report the accident to the police, and wait for them to arrive at the accident site. Get the driver's contact and insurance information, as well as the information of any onlookers who witnessed the accident.

Pay close attention to any explanation or other details the driver volunteers to you at the scene of the accident, but reserve your own account and opinions for the police report. Take photographs of any damage to your helmet, bike, and possessions, preserving the actual damaged goods for potential future use as evidence.

If you plan on suing the driver, keep in mind that any information you throw out into the public sphere regarding your accident injury might later turn up in court as ammunition for the defense. For instance, you wouldn't want to make comments on social media about how well you've recovered since the crash, since the defense may use this to minimize your injuries.

Once you've spoken to the police, received any necessary medical care, and filed a claim with your insurance provider, the next step may involve contacting a personal injury attorney. Your attorney will then obtain a copy of the driver's insurance policy and communicate with the driver's insurance provider on your behalf.

When Should You File a Personal Injury Claim?

Florida law employs a no-fault rule regarding traffic accidents. In some circumstances this law allows an injured party to receive financial compensation for most common kinds of losses (including minor injuries and equipment damage) from the offending party's personal injury protection (PIP) insurance, eliminating the need for personal injury lawsuits.

You do have the right to sue the driver responsible for your bike accident injury, you must do so according to the relevant statute of limitations. In most cases, Florida civil courts require you to file your claim within four years of the injury date.

How Do Liability Issues Affect Your Case and Award?

Florida follows the rule of pure comparative negligence to determine who holds what degree of liability in any kind of personal accident injury. According to this rule, the percentage of the claim amount will reflect only the percentage of liability the other party holds for the accident.

As a case in point, imagine that you broke a minor traffic law in a way that made the driver's collision with you slightly more likely, even though the driver could have and should have avoided you. In this case, the court would reduce any jury award by the percentage you were found to be at fault. For example, if a jury awarded you $100,000 in compensation but found you to be 20 percent at fault for causing the collision, the court would reduce the $100,000 reward by 20 percent, or to $80,000.

Don't let a close encounter with an automobile ruin both your bicycle and your long-term quality of life. If you need to make up your losses through the other party's insurance coverage, contact Jeeves Law Group to schedule a consultation. Our skilled legal team can evaluate your case and advise you of your options for seeking compensation.