Initial PIP Insurance

One thing that many cyclists who are hit by cars often have a hard time with initially, is the law that says that their own personal injury protection (PIP) insurance, must pay for the cyclist’s medical bills and lost wages.

Yes, it’s true, you weren’t even hit while in a car. And yes, it’s true, you may not have even been at fault. But as for the initial PIP, which will pay for $10,000 of your initial medical expenses, you must go through your own insurance. The only exception is if you have no insurance because you don’t have an insurable vehicle, in which case, you can go through the negligent driver’s PIP.

But for compensation beyond the minimum provided by PIP, you will need to make a liability claim against the other driver.

Rules of the Road

Many people don’t understand the rules of the road when it comes to bicyclists. So when a bicyclist is hit by a car driver, it can lead to finger pointing as to which person, cyclist or car driver, had the right of way, or which was the one breaking the law, and thus, causing the accident.

Cyclists do have the right to use the roadways the way cars do, but also, must then abide by all traffic control signals that cars must abide by. Cars passing cyclists on the road, must give them 3 feet of space at a minimum. Cyclists must ride with, not against, the flow of traffic.

If there are dedicated bicyclist lanes, they must be used, unless the cycle is going at the same speed as traffic. If there are no lanes, cyclists must hug the right side of the road as much as they can.

Last Clear Chance

It’s important to remember that regardless of who is technically right as far as who did what on the roads, the law is also concerned with who had the last clear chance to avoid the accident. In other words, even if a cyclist was breaking a law or riding where he or she should not have been riding, the car driver still has a legal obligation to look out for, and avoid, other cyclists.

Helmet Laws

There are no mandatory helmet laws for adults riding bicycles but there are for minors. But regardless of the law, that doesn’t mean that a negligent driver can’t use your lack of a helmet against you—they can. For example, they might argue that your injuries were made worse or that they would have been lessened, if you had been wearing a helmet.

Overcoming Prejudices

In court, a jury likely has the same experience that you may have had, as a Florida driver: many cyclists don’t seem to follow the rules of the road. That stereotype can lead to a jury walking into court, being highly suspect of a driver injured by a car. Many of us in fact, are more likely to have been in the position of almost hitting a cyclist in our cars, as opposed to being a cyclist that is almost hit.

That is a prejudice that must be overcome by a bicyclist seeking compensation for injuries.

Schedule a consultation with our Tampa personal injury lawyers at Barbas, Nunez, Sanders, Butler & Hovsepian today for help after your injury or accident if you have been injured on a bicycle.

Sources:

floridabicycle.org/bicycle-traffic-law

flhsmv.gov/safety-center/driving-safety/share-the-road/

Death aside, bicycle/pedestrian accidents, when they do occur, often result in serious injury such as head trauma, fractures, breaks, spinal cord damage, cuts and burns, lacerations, internal injuries, and shock. If you are one of the few who has been hit by a bicyclist while walking—or vice versa, run into a pedestrian while riding—you may wonder who is liable for damages. A Tampa bicycle accident attorney may be able to help you determine just that.

Bicyclists’ Duty of Care 

When determining liability in any type of accident case, whether it be between a cyclist and vehicle, pedestrian and vehicle, or pedestrian and cyclist, it is important to analyze each parties’ duty of care. Though just about anybody can hop on a bike and use it as a mode of transportation, any person who does so should understand his or her responsibilities to other bikes, vehicles, and pedestrians on the road and sidewalks. If he or she does not understand bikers’ obligations, he or she risks breaching his or her duties, which the courts may construe as negligence. Some common ways in which a biker may be negligent include the following:

• The biker was riding a poorly maintained bike (for instance, the brakes did not work);
• The biker did not abide by traffic signals (ran a red or a stop sign);
• The biker failed to yield to a right of way;
• The biker was distracted (using a cell phone);
• The biker was biking under the influence;
• The biker did not obey traffic control or directional road marks; or
• The biker was not wearing proper safety equipment (reflective gear, helmets, etc.).

If the biker involved in the accident (whether it be you or the other party) was guilty of any of the above, he, she, or you may assume part of the responsibility for the accident.

Pedestrians’ Duty of Care 

Like cyclists, pedestrians owe a duty of care to others on the road and walkways. In fact, pedestrians may owe a heightened duty of care to themselves and others, especially if walking in a big city. That said, the amount of care a pedestrian should exercise must correlate with the probable consequences of walking in any given area. Some ways in which a pedestrian may be found negligent are as follows:

• He or she ignored traffic signals at an intersection;
• He or she failed to walk in designated areas;
• He or she failed to use marked crosswalks when crossing the street;
• He or she attempted to cross the street despite the presence of oncoming traffic; or
• He or she was intoxicated.

If the pedestrian in your accident (whether it be you or the other party) was guilty of any of the above, he, she, or you may assume partial responsibility for the accident.

Work With an Experienced Tampa Bicycle Accident Lawyer 

Once you establish duty of care, you need to investigate the accident to determine how both parties did or did not breach their duties of care and which party was more liable for the accident. In some cases, both parties may assume a portion of fault. In others, the courts may determine that one party is solely accountable. The goal is to assume as little liability as possible, so you can recover as much compensation as possible. Our Tampa bicycle accident lawyers at Barbas, Nuñez, Sanders, Butler & Hovsepian can help establish liability and fight on your behalf for fair compensation. Contact our firm today to get started.

https://www.barbaslaw.com/pursuing-a-claim-for-bicycle-accident-injuries-in-florida/

Just like car accident victims, injured bicyclists must be able to prove negligence, damages, and causation, among other factors. For this reason, it is generally best for injured bikers to retain the help of an experienced Tampa bike accident lawyer who can help prove liability and use his or her negotiation and litigation skills to obtain a favorable outcome for the client. If you were injured in a bike accident in Florida, reach out to Barbas, Nuñez, Sanders, Butler & Hovsepian to discuss your case and options today.

When to Pursue a Bike Accident Claim 

Though you should always discuss the value and viability of your case with an experienced attorney before you decide for or against pursuing a claim, there are some situations that almost always warrant legal action. Some situations are as follows:

• The Driver Was Grossly Negligent: If the driver acted in a way that was clearly against the law or that was in complete disregard of the safety of others, he or she may be found guilty of breaching his or her duty as a driver to be reasonably safe on the road. Negligence is the foundation of any personal injury case, so if you can prove negligence, you have more than half the makings of a successful personal injury claim.
• The Driver’s Behavior Directly Contributed to the Accident: Even if you can prove negligence, you do not have a case just yet. In order for the negligent driver to be held accountable for your injuries, you must also prove that his or her actions or inactions were the direct cause of the accident that caused your injuries. This is referred to as causation.
• You Sustained Physical and/or Financial Harm: Finally, it is not enough to show that the driver caused the accident. You must also show that you suffered in some way because of the driver’s negligence. You can prove this through medical expenses and reports, pay stubs that prove lost wages, and insurance claims that prove property damage.

The Go-To Source for Injured Bikers 

If you were involved in a bicycle accident in Florida, you may be entitled to compensation for lost wages, both past and future, medical expenses, rehabilitation services, loss of enjoyment of life, and, if you lost a loved one to the accident, loss of companionship. Though the driver’s actions may not have been criminal, he or she can still be held accountable. Reach out to Barbas, Nuñez, Sanders, Butler & Hovsepian to learn how.

Resource:

tbo.com/news/politics/floridas-bike-death-rate-highest-in-nation-20150829/

Bicycle accident injuries are often very serious. Some of the most common injuries include:

• Broken bones;
• Fractures;
• Brain or head injuries;
• Neck injuries;
• Joint dislocation;
• Dental and jaw injuries;
• Back injuries;
• Nerve damage; and
• Paralysis.

For this reason, victims often require extensive and ongoing medical care, surgery, physical therapy, and lifelong in-home care. The cost for these kinds of ongoing needs can become great, especially for victims who are unable to work because of their injuries. While victims can apply for social security disability and other forms of assistance, those types of financial aid are often not enough. If you or a loved one was severely injured in a bicycling accident, you may already know this, and you may wonder if there is another, better way to cover your expenses and still live in comfort.

Recovering Compensation for Your Injuries 

At Barbas, Nuñez, Sanders, Butler & Hovsepian, our Tampa bicycle accident injury lawyers fight to help victims of bicycling accidents and other personal injury accidents recover compensation from liable parties. We have obtained multimillion dollar settlements for clients whose lives have been completely altered by a freak accident and we want to do the same for you. While there is no formula for determining how much a person will receive in his or her personal injury case, if successful, you may recover damages for the following:

• Medical bills;
• Physical therapy and medication;
• Pain and suffering, emotional distress, and disfigurement;
• Lost wages; and
• Property damage.

Damages for bicycling accidents typically fall into two categories: economic and non-economic. Economic damages would include those related to medical expenses, lost wages, and property damage. Those are fairly easy to calculate, as the judge or decision maker would just calculate the total for all medical expenses, set a value for lost property, and calculate how much in wages you lost since the accident and would award you an amount based on the total.

Non-economic damages, however, are much more difficult to calculate, as a judge or decision maker is forced to determine what your life before the accident was worth. He or she will take into consideration everything from your fear of getting onto a bike post-accident to your loss of enjoyment of life.

Retain the Help of an Experienced Tampa Bicycle Accident Lawyer

A skilled personal injury attorney can help you assess your damages, place a value on them, and fight to ensure that the amount you recover from the responsible party is the amount that you deserve. If you were injured in a bicycle accident in Florida, do not wait for the statute of limitations to run out on your case—call Barbas, Nuñez, Sanders, Butler & Hovsepian to schedule a free case evaluation today.

Resource:

orlandosentinel.com/news/os-bike-study-national-fatalities-20170823-story.html

According to the Florida Department of Highway Safety and Motor Vehicles, motor vehicle operators in the state have a duty to bicyclists to “use extra caution when driving around bicyclists, motorcyclists, and commercial motor vehicles (CMV). In other words, the FLHSMV encourages operators to Share the Road. If a driver fails to share the road and performs a maneuver that results in the serious injury of a bicyclist, the driver may be at fault.

Determining Liability Begins With Looking at the Facts 

Biking is a very dangerous activity, one that results in approximately 630 deaths and 51,000 reported injuries each year. Because many bicycle accidents involve at least one other motor vehicle, the injuries sustained in these accidents are generally very severe. Many biking accidents result in long-term disability, head injuries, concussion, or worse. Oftentimes, victims of biking accidents require extensive medical attention, ongoing therapy, and special accommodations. They are unable to work for extended periods of time, or to enjoy life as they once were able to.

The costs of medical care and physical therapy can be expensive for anyone, but for someone who is unable to work, they become luxuries they cannot afford. However, medical care and therapy are not luxuries, they are necessities, ones that biking accident victims deserve to have paid for by the liable parties. Unfortunately, proving liability is not always easy.

If you were injured in a bicycling accident in Florida, and if you believe that a negligent driver was to blame, reach out to the Tampa bicycle accident lawyers at Barbas, Nuñez, Sanders, Butler & Hovsepian today. Our attorneys understand the complexity of bicycle accident cases and what elements can make or break an injured biker’s case. Our goal is to help people like you gather the evidence necessary to prove that the driver of the motor vehicle was at fault, and that you were just an innocent biker who was abiding by the rules set forth in Florida Statute 316.2065.

Though the Federal Highway Administration has been quoted as saying, “fault is difficult to determine in bicycle accident cases,” when you have the right legal team on your side, “difficult” does not mean “impossible.” There are several factors that can contribute to bicycle accident cases, including but not limited to drivers driving in the bike lane, drivers driving too closely, drivers leaving their doors ajar, drivers making sudden lane changes, drivers turning into the path of cyclists, and several other driver oversights. Our Tampa bicycle accident lawyers understand this, and we are willing to put in the legwork to determine the true cause of the accident and prove liability.

Hire an Experienced Tampa Bicycle Accident Attorney 

If you were injured in a bicycle accident and if you believe that a vehicle operator’s negligence is to blame, contact our bicycle accident lawyers at Barbas, Nuñez, Sanders, Butler & Hovsepian. Just because the FHA believes that it is difficult to prove fault in a biking accident case does not mean that your rights are not worth fighting for. Call our law firm now to schedule your free and private consultation.

Resources:

tbo.com/news/politics/floridas-bike-death-rate-highest-in-nation-20150829/

flhsmv.gov/safety-center/driving-safety/share-the-road/

npr.org/sections/health-shots/2011/05/20/136462246/when-bikes-and-cars-collide-whos-more-likely-to-be-at-fault