Ocoee Bicycle Accident Lawyer
When cyclists are hit by cars and other motor vehicles, they suffer some of the most catastrophic injuries. After a crash involving another vehicle, bicyclists are left in an immense amount of pain, and the medical bills quickly pile up. If you have been hurt in a bicycle accident, you can file a claim for damages, but the type of claim you file will depend on the facts of your case. An Ocoee bicycle accident lawyer can provide the legal advice you need and help you through the process of claiming compensation.
Bicycle Accidents and Auto Insurance
If you have your own auto insurance policy, you will have to first file a claim with your own insurance company. Bicycles are considered vehicles that are human-propelled in Florida and as such, your own auto insurer is your first option for claiming compensation. When filing a claim with your own insurer, you do not have to prove fault.
If you do not have your own auto insurance policy, or you sustained serious injuries, you can sue the negligent parties. When filing a personal injury claim or lawsuit against the negligent party, you must prove someone else was at fault for the accident.
Determining Liability in Bicycle Accident Claims
Like most personal injury cases, bicycle accident claims rest on the legal concept of negligence. Negligence refers to the careless or reckless actions of another person. When a person acts negligently and they cause an accident as a result, injured parties can hold them liable for paying damages. It is critical to collect evidence after any bicycle accident, such as photos from the scene, as you will need this to determine which party was liable for your crash, and to prove it.
When proving negligence, you must prove four elements of your case. These include:
- The negligent party owed you a duty of care,
- They breached that duty,
- The breach caused an accident, and
- The accident resulted in damages, or losses
You must prove the above elements when filing a personal injury claim or lawsuit against the negligent party.
Comparative Negligence in Bicycle Accident Claims
It is not uncommon for defendants in personal injury cases to use the defense of comparative negligence. Florida is a pure comparative negligence state, which means that accident victims can claim damages for their injuries even when they were 99 percent at fault for the crash.
While the defense of comparative negligence is commonly used, negligent parties in bicycle accident claims often use it when the cyclist was not wearing a helmet. Like most states, Florida does not have a universal bicycle helmet law. Only riders 16 years old and younger are required to wear one. As such, you can still claim full damages if you are older than 16 and were not wearing a helmet, since failing to wear one is not a violation of the law in these cases.
Our Bicycle Accident Lawyer in Ocoee Can Help You Claim Damages
If you have been hurt in a crash, our Ocoee bicycle accident lawyer at Goldman Law, P.A. can advise on which type of claim to file, and will help you recover the maximum compensation you deserve. Call us today at 407-960-1900 or contact us online to schedule a free consultation.
