Clearwater Florida Bicycle Accident Lawyer FAQs

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  • Can I Be Compensated for My Injuries if I was Cycling and the Car Never Hit Me?

    Yes. People believe you cannot recover without an actual collision between a vehicle and your bicycle. That’s not true. If you take evasive action to avoid a collision and wind up crashing, you may still be able to recover as long as the driver’s lack of care is the reason you were hurt.

    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.

    Here are some other questions you might have about your cycling accident:

    What are the Most Common Ways Cyclists are Forced Off the Road?

    If I Hire You as My Lawyer for My Bicycle Accident, Will It Cost Me Money Up Front?

    How Do I Pay Your Legal Fees?

  • Should I Call an Attorney Even if I want to Handle My Own Bicycle Accident Case?

    Absolutely. I can advise you on crucial time limits and how to talk with your insurance adjuster without harming your claim. Settling a personal injury claim can be very complicated. I’m always happy to help fellow cyclists recover for your injuries or for the damage to your bike, even if you choose not to hire me. I’ll even send you information to help you understand what’s involved in settling your own case.

    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.

    Here are some other questions you might have about your cycling accident:

    Why is it Important to Hire an Experienced Cycling Accident Lawyer?

    If I Hire You as My Lawyer for My Bicycle Accident, Will It Cost Me Money Up Front?

    Will I Talk to a Lawyer if I Call Your Law Office?

  • Will I Actually Talk to an Attorney When I Call Your Office?

    Absolutely. When you initially call, you’ll speak to someone from our terrific support staff and they will take down your information for me. If I’m out of the office or not able to talk to you immediately, they will set a time for us to talk later that day or the next day at the latest.

    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.

    Here are some other questions you might have about your cycling accident:

    Why is it Important to Hire an Experienced Cycling Accident Lawyer?

    If We Meet at My House to Discuss My Cycling Accident Case, Who will Come?

    How Long Does it Take to Settle a Bicycle Accident Claim?

  • What are the Most Common Ways Cyclists are Forced Off the Road?

    There are three different ways this can happen.

    Probably the most common way a cyclist is forced off the road is by a driver who collides with them, but stops and remains at the scene of the accident.

    The second way it happens is when a vehicle strikes a cyclist but does not stop. This is what we refer to as a hit-and-run accident. People leave the scene after causing an accident for many reasons. Often times, the driver does not have a valid license, he or she has been drinking and wants to avoid a DUI, or already has a warrant out for his or her arrest.

    Fleeing the scene after an accident in which the cyclist was injured is a cowardly thing to do. The driver may be the only person who knows the cyclist has been hurt. When they fail to call for help, they put the cyclist’s life in danger. It is also a felony in Florida.

    There are also crashes caused by phantom vehicles. That would describe a driver who comes so close to a cyclist that the rider is forced off the road to avoid a collision and the driver keeps going. It is almost as if the driver were never there, hence the term ‘phantom vehicle.’ These accidents can be fairly tricky to handle because the driver may not realize that he or she caused an accident and can be difficult to locate.

    Anyone that suffers a serious injury as a result of any of these types of collisions should contact an experienced bicycle lawyer to understand what can be done to seek compensation for your injuries and have your medical bills paid.

    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.

  • Can a Cyclist have a Case Against the Driver in a Crash if the Cyclist was Given the Ticket?

    The short answer is yes. Remember, the police do not investigate a cycling crash the same way as an injury lawyer does. Police look for who was mostly at fault and whether they violated some traffic infraction or other law. A lawyer will look for every argument the driver was partly or even mostly to blame in causing the crash or contributing to it, even if the police cited the cyclist. Never take the police report or the opinion of the investigating police officer at face value without having it evaluated by an experienced attorney.

    Here are some other questions you might have about your cycling accident:

    Why is it Important to Hire an Experienced Cycling Accident Lawyer?

    How Do I Prove My Florida Bicycle Injury Case?

    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.

  • What’s the Law in Florida on Opening the Car Door into a Cyclist?

    Florida statute 316.2005 says that no person shall open a car door until it is reasonably safe to do so. This puts the responsibility on the driver or passenger in the car to make sure that they can do so safely. They can be cited if they open their car door into the path of a pedestrian, cyclist or even another vehicle. This has nothing to do with whether a cyclist is in a bicycle lane. It clearly applies to the situation where the occupant of the vehicle opens her door into a bike lane, but it is not limited to those situations.

    In most situations when a cyclist is approaching a car they are doing so on the driver’s side and generally are keeping an eye out for whether the car they’re approaching has someone sitting behind the wheel who could potentially open a door into their path. But those are not the only situations where this problem can occur.

    I represented a cycling client who was riding in a bike lane approaching an intersection with a line of cars which were slowing or were stopped. A vehicle passed the cyclist, stopped in the line of traffic at which point the front right passenger opened their door suddenly to get out of the vehicle. The door caught my cyclist square on the bike and their body, causing significant injury. The passenger was cited by the police for improperly opening the door of the vehicle.

    A cyclist who’s been injured when a car door is opened into their path has a claim against the insurance of the vehicle involved their injuries, medical expenses and other harms.

    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.

    Did you find this article helpful? Share this on Facebook or Google+ to let others know what their rights are. If you have been involved in a similar accident, call us today.

  • A Cyclist in a Group Ride Caused Me to Fall Do I Have an Injury Claim?

    This is a pretty common question asked either by the injured cyclist or by their spouse calling on their behalf. Legally, there’s usually not a clear yes or no answer. But here are some of the considerations that will come into play.

    First, if you are a member of an organized cycling club and completed their club application, there may be language in the application which waives or gives up the right for you to bring a negligence claim against the club or ride participants during a club event. This applies even if there was clear negligence or fault by the club or the rider. You have to go back and carefully look at the application you filled out with club. This is pretty common language in most club applications for membership.

    Second, there must be some basis to argue the cyclist who caused you to fall was at fault by doing something which was negligent or careless. This could include needlessly aggressive riding, carelessly running into someone, and careless inattention to the location of cyclists around them or some other similar argument. Each cycling accident is unique. The facts of how they occur are unique. The facts will determine if there is an argument which would support a case of negligence.

    Third, there must be someone from whom to collect financial recovery for the injuries or losses you suffered. Typically, that means insurance since it is extremely difficult to collect money from a private individual in Florida. A cyclist who owns a home and has homeowners insurance should be covered under their Homeowner’s Policy for any careless or negligent act while riding their bike. Most people don’t realize they are covered by their homeowners insurance for many activities away from their home such as cycling or as a pedestrian, for example.

    Finally, there is the question of whether this is a claim that should be brought even if all the elements are present to allow bringing the case. That will be an individual decision, not only for the injured cyclist, but for the lawyer. It comes down to whether it’s the right thing to do in the eyes of most people.

    Get a free copy of the Florida Bicycle Accident Handbook to learn more about safe cycling and the steps you should take if you are involved in a cycling accident.

    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 Vulnerable Road User (VRU) in Florida?

    A vulnerable road user (VRU) is anyone who is on or alongside a roadway without the protective hard covering of a metal automobile. The term includes bicycle riders, pedestrians, motorcyclists, people in wheelchairs, police, first responders, roadway workers and other users like a person on a skateboard or scooter. It is meant to include people who are especially at risk of serious bodily harm if hit by a car, SUV or truck.

    The term is commonly used in relation to the argument state laws need to give sentencing judges more ability to up the punishment imposed on a driver who injures a vulnerable road user. Florida currently has no such law. It is very common for a driver who kills or seriously injures a VRU to just be given a ticket for careless driving. In recent years, there have been several well publicized accidents in the Tampa Bay area and other Florida cities involving a distracted driver striking and killing a pedestrian or cyclist. Some of these horrible crashes, resulted in the driver simply getting a small fine. Judges have complained the law gives them no ability to impose a greater punishment when the driver was not also convicted of a crime such as DUI, leaving the scene of an accident with injury or reckless driving.  

    Many groups are working to have the Legislature pass a Vulnerable Road User law to give Florida judges the ability to impose jail time and increased fines in these cases where they are cited with only a moving violation. One of the best known laws is the one enacted in Oregon. Many consider it a model for other states. 

    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.

  • Do I Have to Have a Light on My Bicycle if I Am Riding in Florida?

    If you are riding a bicycle in Florida between sunset and sunrise, then Florida bicycle regulations require you to have a light to maximize your safety as well as that of motorists.

    Florida Cyclists Must Do the Following When Riding at Night

    • be equipped with a lamp on the front of the bicycle that exhibits a white light that is visible from a distance of at least 500 feet to the front; and
    • be equipped with a lamp and a reflector on the rear of the bicycle that each exhibit a red light that is visible from a distance of 600 feet to the rear.

    In Florida, a bicycle may be equipped with extra lights or reflectors in addition to those that are required.

    A failure to abide by these regulations may result in a Florida bicycle accident. If you are riding your bicycle between sunset and sunrise without the required lights or reflectors, motor vehicle drivers may not see you on your bike.

    If your bicycle is equipped with the necessary lights and reflectors and you are injured in a Florida bicycle accident because of the negligence of a motor vehicle driver, then you may be eligible to recover compensation through a personal injury claim. 

    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 in a Florida Bicycle Accident and My Bike Was Damaged. Who Pays for the Repairs?

    Not all Florida bicycle accidents involve serious injury or death – although far too many do. In some instances, a cyclist could walk away from a crash with scrapes or bruises or other minor injuries but may end up with thousands of dollars in damages to their bike frame. Repairs to damaged bicycles due to crashes and unfortunate events can be costly. It is important to understand if this happens to you, how to get your bike repaired or replaced. Depending on the scenario, your bicycle can be covered in multiple ways.

    When a Cyclist Hits a Fixed or Non-Moving Object

    There are certain situations in which a Florida cyclist may run into a parked car, hit a pole, fence, sign or some other stationary object. If this occurs, your homeowner’s insurance will pay for repair or replacement of the bicycle if it is covered under your policy. There may be a deductible. A typical policy may cover bikes up to a maximum amount without being specifically insured. Call your insurance company to make sure your bike is properly covered, before you hit something.

    When a Cyclist is Hit By Another Cyclist

    Many cyclists ride as a part of a group or encounter other riders along their path. Sometimes, these encounters don’t go as nicely as planned. If your bike frame is damaged or destroyed in a bike collision, you will look to the at fault cyclist’s homeowner’s policy for coverage. If they don’t have no fault, then your homeowner’s policy may cover your damages. Check with your insurance carrier.

    When a Cyclist is Hit By a Car

    If you are hit by a car while riding your bike in Florida, you will look to the property damage coverage on the at fault driver’s auto insurance policy to recover any damages to your bike that result from the accident.

    Getting Help from a Florida Bicycle Accident Attorney

    Our Florida Bicycle Accident Handbook answers many questions about how you can better protect yourself and your bicycle from any serious harm when you are riding. But, if the unexpected happens and you or someone you know is hurt in a bicycle accident, you should consider talking to an experienced attorney about what your legal options are. 

    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.