While bike riding is a common pastime and means of transportation in Florida, an accident could leave bicyclists with severe and potentially life-threatening injuries. If you are feeling overwhelmed by the aftermath of a bike wreck, hiring a Tarpon Springs bicycle accident lawyer could help you alleviate some of your stress. A qualified personal injury attorney could fight to recover the compensation you need and support you throughout the recovery process.
Bicycle Accident Injuries
Compared to a passenger inside a car, a cyclist does not have the benefit of seat belts, the metal shell of the car, or other safety features that reduce the risk of catastrophic injuries. A cyclist who is hit could also be thrown into oncoming traffic or a stationary object.
Recovery for most bicycle accident victims is time-consuming and painful, and a person’s life might be forever impacted by the few seconds of a crash. Fortunately, those who are injured in a bike crash should note that Florida personal injury law may enable them to file a lawsuit with help from a Tarpon Springs bicycle accident attorney.
How to Argue Liability in a Bicycle Accident Case
Florida state law requires every motorist to carry Personal Injury Protection insurance with a minimum of $10,000 in coverage. This cap includes coverage for up to 80 percent of reasonable medical expenses and 60 percent of lost wages under the policy of the filer. In the case of bicycle accidents, though, injuries can easily exceed the $10,000 PIP cap. This may leave an injured individual with no choice but to pursue a civil lawsuit for the compensation they are owed.
Additional damages could be available through a civil lawsuit for individuals who have lost bodily function, sustained significant scarring, or who were disfigured because of the accident. However, as outlined by Florida Statutes §95.11(3), an injured party must bring this lawsuit within four years of the accident.
It becomes the responsibility of the injured party to show that the related costs from their injuries go beyond what PIP coverage provides. The plaintiff must also prove that the other party should be held responsible for the remaining costs.
If the defendant argues that the cyclist should be held responsible for the accident, Florida’s pure comparative negligence rule may apply. This means that if the court finds the cyclist partially responsible for the accident, the amount of damages available to them would be reduced by their own percentage of fault.
Fighting back against such claims of comparative negligence can be difficult for an injured person who might still be hospitalized or unable to work. A bicycle wreck lawyer in Tarpon Springs could undergo an investigation to determine liability and help protect the cyclist’s right to recover damages.
Speak with a Tarpon Springs Bicycle Accident Attorney Today
As a victim of a bicycle accident, you deserve to be represented by an attorney who could handle the insurance and legal aspects of your personal injury claim. Let a hard-working Tarpon Springs bicycle accident lawyer handle your case while you focus on your recovery. Call today to schedule a consultation.