Cycling alongside moving traffic comes with inherent risks. That doesn’t necessarily mean, however, that riders are not entitled to compensation if they end up getting hurt.
If you were struck by a drunk, distracted, or otherwise reckless driver while on your bike, you may be able to recover funds for the associated damages. The easiest way to determine if you have grounds for a claim is by consulting a personal injury lawyer. A knowledgeable attorney can evaluate the situation to determine if taking action could be worthwhile and, if so, how best to proceed.
Let’s take a look at some of the most common accident scenarios that may warrant a case for damages on the part of the cyclist:
1. The Motorist Was Speeding Prior to the Wreck
Drivers who are exceeding the posted speed limit pose a hazard to everyone on the road around them. This includes other motorists, cyclists, and pedestrians. When you’re speeding, you have considerably less time to respond to traffic signals, not to mention any unanticipated hazards that arise.
In order to prove the motorist who struck you was speeding, you may need black box data, dash cam or helmet cam footage, eyewitness deposition, and photographs of the scene, including the resulting wreckage and any skid marks.
2. The Motorist Did Not Respect the Cyclist’s Right of Way
In Florida, bicycles are considered a vehicle. As such, cyclists must obey all local traffic laws. In return, they’re typically granted the same rights as motorists; however, they have some additional rights, as well, because they’re more vulnerable. For example, when a motorist and cyclist approach a four-way stop at the same time, the former must yield to the latter.
3. The Motorist Made an Improper Lane Change Without Signaling
When cycling, you’re responsible for monitoring the vehicles around you. If they happen to maneuver without signaling first, though, you won’t be liable for any accidents that result.
As long as you were following the rules of the road at the time, you should be in the clear. The driver who failed to signal, on the other hand, may be obligated to cover all associated damages.
4. The Motorist Was Traveling in a Bike Lane
Sometimes, motorists must cross a designated bike lane in order to turn or merge; however, they’re prohibited from remaining in the bike lane. If you were struck by a driver who was traveling in the bike lane, you likely have grounds for a claim.
Call (727) 821-1500 to Speak with a Bicycle Accident Attorney
If you were seriously hurt in a cycling accident through no fault of your own, the attorneys at Emerson Straw PL can help you pursue the funds needed to put your life back together. We’ve recovered more than $27 million for our valued clients in personal injury and wrongful death cases. Call (727) 821-1500 or fill out our Contact Form to schedule a free consultation with a bicycle accident lawyer.