Frequently Asked Questions

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  • After a Florida Cycling Accident, Is an Attorney Really Necessary?

    Is it Possible to Negotiate Your Own Settlement with the Insurance Company After Being Hurt in a Bicycle Accident?

    Yes, it’s possible to settle on your own case without an injury lawyer if you’ve only suffered minor injuries and are not expecting a high settlement. There are times that you may not need to hire a lawyer who handles bicycle accident cases. But be aware that some injuries often seem minor at first and can worsen with time. It’s not at all unusual for some accident victims to not realize how serious their injuries are until a few weeks have gone by. The insurance adjuster will be quick to offer to settle your claim for as little as possible before you know the full extent of your injuries so, be wary.

    Lawyer that Specializes in Bicycle Accidents

    Obtaining the compensation you deserve is a job for an experienced Florida bicycle accident lawyer who knows how to protect the rights of people who have been injured due to someone else’s careless act. While anyone who has been injured is free to try to negotiate a settlement directly with an insurance company, you need to realize that a person who does so is not playing on a level field when dealing with a claims adjuster who knows the ropes.

    Maximize Your Compensation

    On the other hand, an experienced attorney will prepare and present your case in such a way as to maximize your compensation, whether this happens in or out of court. A lawyer who only handles personal injury cases in their practice has the in-depth knowledge of Florida law and the workings of the insurance industry that is needed to successfully pursue a claim for your losses. Experienced accident attorneys have access to the kinds of engineers and other experts needed to prove your case. They will also know the medical and financial experts who can testify regarding the extent and expected future consequences of your injuries.

    Have You Been Injured In A Bicycle Accident?

    If you've been hurt in a Florida bicycle accident you should speak with an experienced bicycle injury lawyer as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free, no obligation consultation.

  • Who is Considered a Pedestrian in Florida?

    According to state laws, any person “afoot” is considered to be a pedestrian in Florida. This means any person on foot, in a wheelchair, on a skateboard or on roller skates is also considered a pedestrian in Florida.

    The Florida statutes regarding pedestrians state that where a sidewalk is provided, a pedestrian must not walk on the road but should walk only on the sidewalk. In places where a sidewalk is not provided, a pedestrian may walk on the road but should be cautious of cars and other vehicles.

    When a sidewalk is not provided, a pedestrian in Florida should walk only on the shoulder on the left side of the roadway, facing oncoming traffic.

    The failure to obey these rules can result in a serious pedestrian accident. Even when a pedestrian doesn’t obey these rules, an accident may be caused by someone else’s negligence. If you are injured because of someone else’s negligence, you may be eligible for compensation in a Florida personal injury claim.

    Have You Been Injured In A Pedestrian Accident?

    If you've been hurt in a pedestrian accident you should speak with an experienced personal injury attorney as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free consultation.

  • When is a Pedestrian in Florida Allowed to Stand or Walk on the Road?

    Short answer: when they have to be on the road for safety and they aren’t doing anything illegal.

    According to Florida law, a pedestrian may stand or walk on a road in which a sidewalk is not provided. In such a case, the pedestrian should walk only on the shoulder on the left side of the road. This means the person should be walking against oncoming traffic and never in the actual lane for vehicles.

    Florida pedestrian laws prohibit a person from standing on a road that is paved for vehicular traffic in an attempt to solicit a ride, solicit employment or solicit business from the occupant of a vehicle.

    In addition, a person cannot walk on any road where a sidewalk is provided, as long as that sidewalk is passable. Situations where a sidewalk may be found to be impassable include instances of sidewalks in disrepair or sidewalks with safety hazards. Think of construction cones and caution tape blocking access to a sidewalk.

    Florida pedestrian laws are meant to protect people from the dangers of motor vehicles. A violation of these laws may result in a non-criminal traffic infraction and a fine, not to mention the danger of being struck by a vehicle while in the road.

    If you were hit by a car while walking in the street and cited for being in the road improperly, you may bear some responsibility for the accident. But, that doesn’t mean you are wholly responsible for your injuries. If the driver was distracted, impaired or simply not paying attention, you may have a claim against his insurance company for your injuries. 

    Have You Been Injured In A Pedestrian Accident?

    If you've been hurt in a pedestrian accident you should speak with an experienced personal injury attorney as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free consultation.

  • What Should I Do After a Florida Pedestrian Accident?

    If you were injured or someone you love was killed in a pedestrian accident, there are certain steps that you should take immediately to protect your health and your interests in a personal injury claim.

    Steps You Should Take After a Pedestrian Accident

    • Call the police – Immediately call the police. When the police arrive they will make a report, which will serve as an official record of the pedestrian accident. Too many people regret not calling the police after an accident when they later find out the insurance card they were given was expired or their injuries are much worse than they initially thought.
       
    • Get the contact and insurance information of the other person(s) involved – You will need this information to file an injury claim. When the police arrive, they often handle this for you by getting the information of everyone involved, verifying it and compiling it in an Exchange of Information.
       
    • Get the necessary medical attention – Even if you don’t believe that your injuries are serious, you should see a medical professional right away. You may have suffered injuries that, due to shock and adrenaline, you won’t feel until later on. Often, internal injuries to the organs, traumatic brain injury and whiplash go unnoticed until days after the accident. Additionally, you must see a medical profession within 14 days of your accident to qualify for your No-Fault/PIP benefits.
       
    • Contact an attorney – An attorney will conduct an investigation and evaluate your case, letting your know whether you have a strong case for compensation for your injuries.
    For more information on what to expect after being hit by a vehicle, request our free Pedestrian Acident Guide today. If you have questions you need answered right now, give us a call at 727-446-0840. We never charge to discuss your case.

    Have You Been Injured In A Pedestrian Accident?

    If you've been hurt in a pedestrian accident you should speak with an experienced personal injury attorney as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free consultation.

  • If I was in a Bicycle Accident But the Car Never Actually Hit Me and I was Seriously Injured, Do I Still Have a Case?

    You may be able to recover damages after a bicycle accident even if the motorist didn’t hit you. There does not have to be physical contact between the bicyclist and the motor vehicle for the driver to be held liable.

    There are several situations in which a bicyclist may need to take evasive action to avoid a collision with a car, truck or other motor vehicle, and as a result, the cyclist could still fall or crash and suffer injuries. In such instances, the driver could be held accountable if their negligence caused the bicyclist to take evasive action and crash.

    If you or a loved one has suffered serious injuries after taking evasive action to avoid a bicycle crash, you might be able to file a personal injury claim to seek compensation for:

    • medical bills;
    • lost wages;
    • lost earning capacity;
    • pain and suffering;
    • disfigurement; and/or
    • emotional distress.

    Bicyclists might be forced to take evasive action when a driver does any of the following:

    • speeds;
    • runs red lights;
    • drives recklessly;
    • drives while drunk; and/or
    • drives while distracted.

    Because there can be many details involved in a bicycle accident, it would be beneficial for you to seek the experience of an attorney who handles bicycle accident cases as soon as possible to preserve your legal rights.

    Have You Been Injured In A Bicycle Accident?

    If you've been hurt in a Florida bicycle accident you should speak with an experienced bicycle injury lawyer as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free, no obligation consultation.

  • I was seriously injured when a car failed to stop at a stop sign and ran into me on my bicycle. The car left the scene. I need surgery on my knee and and may need surgery on my ankle, too. Who will pay for my medical expenses and for my pain and suffering?

    When a car causes an accident and leaves the scene, it is generally referred to as a “phantom vehicle.” In your situation, where you’ve been injured in a collision with a motor vehicle, and do not know the identity of the driver of the car or their insurance company, you must look to your own insurance company for help.

    The No-Fault coverage on your auto policy, Personal Injury Protection (PIP), will pay up to its limit (typically $10,000) for your medical bills and lost wages, as required by law. For your Bodily Injury claim (pain and suffering, loss of enjoyment of life) you would look to the uninsured motorist coverage on your policy. If you have this valuable coverage, it will pay up to the coverage limit depending on how seriously you are injured. — a very good reason to carry uninsured motorist coverage— and one I often stress to my clients.

    Have You Been Injured In A Bicycle Accident?

    If you've been hurt in a Florida bicycle accident you should speak with an experienced bicycle injury lawyer as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free, no obligation consultation.

  • I was Jogging in a City Park in Tampa, Tripped on Broken Sidewalk and Broke My Arm. Is the City Liable?

    If you have broken your arm while jogging on a broken Tampa sidewalk, the city is not necessarily liable just because the sidewalk was broken. On the other hand, if the city had been notified of the sidewalk’s broken condition, they should have put up a sign or a barrier to prevent a pedestrian accident. Therefore, the city may be held liable for your broken arm in some cases.

    If you choose to pursue damages in a personal injury claim, the city may argue that you were partially at fault for trying to cross the broken sidewalk. The outcome of your case will depend on your ability to present a valid argument. To build your case against the city, you can get the professional help of a lawyer.

    It is important to keep in mind however that suing a government entity such as a city or other government office has a different set of standards and deadlines than personal injury claims against people or other types of businesses. Often, victims are only allowed only an incredibly short timeframe to notify the government entity of their intent to seek damages. That is why it is vital to speak with a lawyer right away to avoid missing the statute of limitations on these types of claims.

    After your type of pedestrian accident, you may be compensated for current and, if necessary, future medical expenses. You may also be compensated for your pain and suffering, and any wages that you may have lost.

    Have You Been Injured In A Pedestrian Accident?

    If you've been hurt in a pedestrian accident you should speak with an experienced personal injury attorney as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free consultation.

  • I was injured while riding my bike by a car exiting a parking lot. The collision damaged my bicycle frame which costs more than $1000. What should I do in order to be reimbursed for this loss?

    I recommend if your bicycle is hit by a car, you should always take it to an approved bicycle mechanic to verify its condition. Many modern bicycles are made of materials which are not easily repaired and might even become dangerous if they’ve been damaged. Once you have established that your bicycle needs to be repaired or replaced, you should make a claim against the driver responsible for the accident.

    People who are injured in a Florida bicycle accident may end up dealing with three separate adjusters:

    • The PIP/No-Fault adjuster of their own auto insurance company for their medical bills,
    • The property damage adjuster for the At-Fault party responsible for the accident, and
    • The Bodily Injury adjuster for the At-Fault party’s insurance company for their bodily injury and pain and suffering.

    Have You Been Injured In A Bicycle Accident?

    If you've been hurt in a Florida bicycle accident you should speak with an experienced bicycle injury lawyer as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free, no obligation consultation.

  • How Does Florida’s No Fault Law Affect Pedestrian Accident Claims?

    As the name implies, Florida no fault law pays for vehicle and pedestrian accident claims regardless of who was at fault.

    Florida is one of 12 states that has implemented a no fault system. It was designed to help bring down insurance premiums by preventing frivolous lawsuits. Understanding Florida no fault law and how it applies to your accident is crucial to the successful resolution of an injury claim.

    In Florida, all drivers of motor vehicles registered in the state are required to carry No-Fault insurance coverage. If you were hit by a vehicle as a pedestrian, your own No-Fault or PIP insurance will pay for certain percentages of:

    • medical bills;
    • disability benefits;
    • household services;
    • transportation; ands
    • death benefits (if applicable).

    If you were injured in a pedestrian accident, you need to report your accident to the insurance company that will be covering you. If you (or a relative who lives with you) are an insured driver of a motor vehicle registered in Florida, you have no fault coverage and your auto policy will cover you, even if you were not in your vehicle at the time of the accident.

    If you are not an insured driver of a motor vehicle registered in Florida, then you will be covered by the insurance of the driver who injured you. However, you may need to fill out certain applications and agree to a recorded statement. It is best to seek the advice of a lawyer at this time to make sure you are not being taken advantage of by the insurance company.

    You may have another avenue for recovery if you have Uninsured Motorist (UM) coverage on your auto policy. For more info on this, click here.

    Have You Been Injured In A Pedestrian Accident?

    If you've been hurt in a pedestrian accident you should speak with an experienced personal injury attorney as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free consultation.

  • Do Drivers Always have to Yield the Right of Way to Pedestrians in Florida?

    When you get behind the wheel of an automobile you are piloting a potentially deadly weapon. Therefore, you must yield the right of way to pedestrians and bicyclists in almost any situation. If you were involved in a pedestrian accident, you likely would be eligible for reparations for expenses related to the accident.

    There are specifications to the right of way law, which your pedestrian accident lawyer can explain to you. Generally, if you were crossing the road at either a marked or unmarked crosswalk you had the right of way. A marked crosswalk is denoted by either signs or painted lines on the pavement.

    An unmarked crosswalk is harder to define, which is why your lawyer becomes so useful. It can be considered the space between the road and the sidewalk and also the space at the meeting of intersecting roads. Not all intersections have walk signals and this is where the unmarked crosswalk comes into play.

    In terms of stopping for a marked crosswalk, drivers must yield the right of way in almost every situation. They must yield the right of way to:

    • pedestrians already in the crosswalk who are on the same side of the roadway as their vehicle;
    • pedestrians in the crosswalk on the opposite side of the roadway who are close enough to their side to face possible danger; and
    • pedestrians who are about to step into the crosswalk.

    In summary, if you adhered to pedestrian and cyclist rules but still were injured by a driver who failed to yield the right of way, you have a right to compensation for bodily and property damages. Recovering from your injuries should be your main priority, not dealing with insurance adjusters and complicated legal paperwork.

    Before accepting a settlement offer contact the Jim Dodson Law to set up a free consultation at 888-207-0905.