Many motorists are not aware of, or choose to ignore, the fact that bike riders are entitled to use Florida’s roads just like any other traveler. As a result, many drivers do not yield to bikers, will not check their mirrors before changing lanes, and generally drive recklessly in a way that places bicyclists in danger.
At even minor speeds, collisions can knock a bike rider off their vehicle and onto the ground. More serious accidents can result in a bicyclist being pushed into oncoming traffic, parked cars, or even buildings. The resulting injuries can have a long-term effect on the health, finances, and mental well-being of the bicyclist.
A St. Augustine bicycle accident lawyer could help pursue at-fault drivers and their insurance companies for compensation. This compensation is designed to make the bike driver whole again and to place them in the same position they were in prior to the accident. A skilled personal injury lawyer can help you assess your case to determine whether you have a viable claim.
Proving that the Defendant Driver was Negligent
The core legal concept in most bicycle accident cases is negligence. This is because the majority of collisions between bikes and motor vehicles are not intentional. However, just because the driver did not mean to cause any harm does not mean that they are not legally responsible for the result of their poor driving.
Even if a driver is not arrested after the accident, a civil lawsuit may still follow. Injured people in these cases typically argue that the defendant’s driving was negligent and that this negligence caused their injuries. To win a negligence case, a plaintiff must prove that actions taken by the defendant violated the driver’s duty to care for their wellbeing.
A St. Augustine bicycle accident lawyer could help gather this vital evidence. This can include a police officer’s report on the incident, witness statements from people who saw the crash, and even recreations of the collision.
Anyone considering bringing a claim for a bicycle accident should be aware of Florida’s statute of limitations. This is a law that controls when someone can file a case in court. According to Florida Statute §95.11, all civil cases alleging personal injury must be entered into court within four years of the date of injury. Any case entered after this time may be barred.
Types of Damages that Bicyclists May Claim in St. Augustine
At the center of a bicycle accident case, or any personal injury case, must be a physical harm. The law states that even if a plaintiff is forced to miss substantial time at work because of the accident, and is now having traumatic flashbacks, they cannot file a case unless a physical harm occurs.
This physical harm does not need to be catastrophic. Many bicycle accident cases allege only relatively minor and temporary injuries. Still, a claim will usually demand compensation to pay for these medical costs.
In addition, a bicycle accident claim can demand compensation for any economic losses. This typically involves gathering payments for any lost time at work connected to the accident, both for time spent in a hospital and for any shifts missed for rehabilitation sessions.
Finally, a plaintiff can demand compensation for any pain and suffering. These losses can be difficult to measure but are typically attached when a plaintiff suffers a physical harm that requires extensive medical care or when they need to attend therapy sessions for a new mental health condition connected to the accident.
Contact a St. Augustine Bicycle Accident Attorney Today
The injuries you may endure in a bicycle accident can be severe. Even if you are fortunate enough to avoid any permanent injury, you may require a trip to the emergency room and months of rehabilitation sessions.
This can combine to throw your life into chaos. A St. Augustine bicycle accident lawyer could help you gather evidence, research the law, and handle the details of demanding compensation.
This allows you to focus on getting their lives back on track while being confident that your rights are being pressed by the insurance company. Contact an attorney today to schedule a consultation.