Miami Bicycle Accident Lawyer

Miami Bicycle Accident Attorney

If you or a family member has been in a bicycle accident, an experienced Miami bicycle accident lawyer can help. Cycling is a popular activity in Florida, and understanding cyclist rights and responsibilities is important. Florida’s laws aim to keep both motorists and cyclists safe, but accidents can happen. If you’ve been hurt by a driver while riding a bicycle, or if you accidentally hit a bicyclist, an attorney can investigate the accident and discuss your rights.

What Bicycle Laws Exist in Florida?

In Florida, cyclists and drivers need to know their responsibilities on the roadway. Cyclists have a unique set of rights designed to keep them safe, including a right to share the road with vehicles. However, this means they must obey traffic laws, such as wearing bike helmets and signaling within 100 feet before turning. Whether or not a cyclist followed Florida traffic laws can potentially determine liability if a crash happens.

Bicyclists must follow all traffic signals and controls. They must use a regular, fixed seat when riding their bicycle, and their bike must have a brake (or brakes) that lets the bike rider stop within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement.

Bicyclists cannot carry more people than the amount that it was meant for. When riding in crosswalks or on sidewalks, a bicycle rider has the same rights and responsibilities in Florida as a pedestrian. Also, a bicyclist must yield to pedestrians (who have the right-of-way) when at crosswalks or on sidewalks. A bicyclist may not wear any listening device (other than a hearing aid) when using their bike.

E-bikes have supplemental regulations in Florida. Local regulations may impact the locations you’re permitted to ride an e-bike, and it’s important to review local laws before riding.

What Is the No-Fault System in Florida?

A bicyclist might need to prove they were not at fault for causing their accident before they can recover any financial damages. If a cyclist was not obeying traffic signals or was not following right-of-way regulations, they might be prevented from recovering in a Florida accident.

Florida law mandates cyclists must ride with the flow of traffic, which means riding on the right side of the street and using available bike lanes when possible. Cyclists also must follow the relevant Florida laws for using hand signals to signal turns and appropriate stops. Florida also requires cyclists to yield to pedestrians at crosswalks and failure to do so can sometimes preclude cyclists’ financial recovery following an accident.

Also, Florida uses a “no-fault” insurance system, which means your personal insurance typically covers your preliminary medical costs regardless of who caused the accident. Thereafter, Florida bicycle accident laws allow accident victims to recover financial compensation for any lost wages, their pain and suffering, and other possible damages.

If an accident victim has severe injuries, they can decide whether to file a claim against the party determined to be at fault for causing the accident. If you’ve been in an accident, it’s important to take pictures at the accident scene and gather the contact information from any witnesses in order to build a strong case.

What Are Some Common Causes of Florida Bicycle Accidents?

Accidents happen in a variety of ways, which include collisions with vehicles due to:

• Negligent driving
• Poor Florida road conditions (like potholes, road debris, or low visibility
• Speeding
• Driving under the influence (DUI)
• Vehicle doors
• Unsafe lane changes
• General lack of awareness

Following bicycle safety regulations, wearing brightly-colored clothing, and using a helmet can help bicyclists remain safe on Florida roadways.

How Do I Prove Liability in a Miami, FL Bicycle Accident?

If a driver was negligent in an accident with a bicyclist in Florida, the driver can be legally responsible for the bicyclist’s damages. However, a cyclist can be partially responsible if they’ve violated Florida traffic regulations. As a result, both parties could face legal consequences after an accident.

Bicyclists do have the right-of-way in Florida, but cyclists must follow traffic rules and have the right to use a designated bicycle travel lane. Determining the right-of-way can be difficult and is often location-specific, especially if a cyclist is in a bike lane or is crossing the road at a crosswalk.

What Should I Do After a Bicycle Accident?

There are some basic steps you should take following a collision, including:

• Check on everyone involved (especially the cyclist) and determine the seriousness of any injuries.
• Call immediately for emergency services.
• Get medical help for everyone involved in the accident (either at the scene or through a medical provider).
• Try to document as much as possible, including taking pictures of the bike, any damages, and the scene of the accident. Document factors such as the weather, traffic signs, and bike or vehicle skid marks.
• Get contact information for any witnesses or other vehicles.
• File a police report, as it can help determine who the at-fault party is.
• Stay at the scene until emergency responders have stated they’ve resolved their preliminary investigation and reporting.
• File a claim with your insurance company, especially if you were riding your bicycle.
• Do not admit fault, either verbally or in writing.
• Consult an attorney familiar with Florida bike accident laws and cases to make sure your rights are protected.

If you were in an accident involving a bicycle in Florida, a Miami attorney with experience handling this type of case can help make the entire process feel less overwhelming.

Why Should I Hire a Miami Bicycle Accident Lawyer?

Bicycle accidents in Miami, Florida and the surrounding neighborhoods can be stressful and can result in life-threatening injuries. The claims for financial compensation can be difficult to resolve. As a result, an experienced legal advocate can help prove the negligence of the at-fault party.

An attorney can help protect your legal rights during any negotiations with insurance companies and ensure you receive all available financial recovery following the accident. If they have the chance to fully evaluate your case, they can fight for the justice you deserve.

Alternatively, if you accidentally hit a bicycle rider, an attorney can help defend your actions and address any available arguments that the bike rider contributed to their own accident. They can make sure any negotiations protect your legal rights and make sure the claim against you is resolved positively and as quickly as possible.

If you’ve been involved in a Miami bike accident, you may find that a seasoned attorney can make or break your case.

FAQs

Can I Receive Compensation for a Bicycle Accident in Miami, Florida?

You can receive financial compensation from the at-fault party for a Miami bicycle accident and file a claim to recover for your injuries, including:

• Economic damages, like medical bills and any lost wages
• Non-economic damages, like pain and suffering and emotional distress

An accident lawyer can help collect evidence, explain your rights and the legal process, negotiate on your behalf, evaluate liability (the other party must be at fault for you to win your case), and answer your questions.

What Happens If You Hit a Cyclist with Your Vehicle in Florida?

If you hit a cyclist with your vehicle in Florida, you must immediately stop, give assistance, call for emergency help, and contact Florida police.

If you are responsible for the accident, you might face criminal penalties if you were negligently or recklessly driving. Florida uses comparative negligence, which means fault can be split between the cyclist and the driver to impact any compensation.

After a bicycle accident, consult an attorney to discuss your legal obligations and rights.

Who Is Usually at Fault if a Bicycle Is Involved in an Accident in Florida?

The driver of the vehicle is usually considered at fault in a Florida bicycle accident. Drivers have an obligation to share the road with bicyclists and must yield when they’re present. If the cyclist violated Florida traffic laws by riding against traffic, not using hand signals, or stopping at red traffic lights, they may assume some of the fault.

Accidents often are caused by unsafe vehicle passing, distracted driving, or other driver failures where the driver is at fault.

How Much Does an Attorney Charge for a Car Accident in Miami, Florida?

In Florida, attorneys charge their clients in several different ways. Their fee structure usually depends on the case’s complexity and the level of the attorney’s experience. Many attorneys who cover personal injuries charge using a contingency fee structure, meaning they only are paid if they recover financial damages for your case.

If you are considering an attorney, it’s important to discuss their written retention contract at an initial consultation.

An Experienced Miami, Florida Personal Injury Attorney Can Resolve Your Bicycle Accident Claim

If you or a family member has been in an accident involving a bicycle, an experienced Miami attorney can help. If you’ve been hurt by a driver while riding a bicycle or need help if you accidentally hit a bicyclist, our legal team can protect you and your rights.

With the Law Office of Alexander Alvarez by your side, you can rest assured your case gets the comprehensive attention and support it deserves. Contact our office right away to set up a free initial consultation.

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