Cycling is common in Fort Lauderdale, whether riders hop on a bike for exercise or to get where they need to go. And for the most part, cities across South Florida have devoted significant resources to making the roads as safe as possible for cyclists. However, bicyclists still face very real risks. For example, in 2021, there were 5,952 bike accidents in Florida, resulting in 5,574 injuries and 169 fatalities. The majority of these accidents were caused by other drivers’ negligence.
At the Blakeley Law Firm, P.A., we’ve assembled a team of experienced Fort Lauderdale bicycle accident attorneys to help injured riders pursue financial compensation after an accident. Our lawyers have helped countless individuals and families recover the money they need to cover all of their accident-related expenses and start the process of moving on with their lives.Who Is at Fault in Most Fort Lauderdale Bicycle Accidents?
Most Fort Lauderdale bicycle accidents are caused by the drivers of cars, trucks and other motorized vehicles. For example, in 2021, law enforcement determined that the other driver was responsible for 83 percent of all fatal bicycle accidents. The statistics are similar when it comes to bicycle injury accidents, with motorists being found to be at fault in 76 percent of the cases.Recovering Compensation Through a Fort Lauderdale Bike Accident Lawsuit
Bicycle accident victims are legally entitled to bring a personal injury lawsuit against the parties who were responsible for their injuries. Successfully bringing a bicycle accident case requires an injured rider to establish each of the following elements:
- The other driver owed the bicyclist a duty of care;
- The driver violated the duty owed to the bicyclist;
- The driver’s negligence was the cause of the accident; and
- The cyclist suffered economic or non-economic damages as a result of the collision.
While these elements seem straightforward, in practice, the recovery process is often complicated by the driver’s insurance company. Insurance companies will typically minimize riders’ injuries or attempt to shift blame onto the cyclist in hopes of avoiding the need to settle the case. In these situations, victims should consult with an experienced Fort Lauderdale bicycle accident lawyer to ensure they are fairly treated and that their case receives the attention it deserves.Can an Accident Victim Still Recover if They Were Partially Responsible for an Accident?
Yes, under Florida’s comparative negligence law, bicycle accident victims who were partially at fault for causing an accident can still pursue a personal injury claim. However, an accident victim’s total recovery amount will be reduced by their own percentage of fault.
For example, assume you were in a car accident while cycling. The case goes to trial, and the jury finds that you were ten percent responsible for the accident and the other driver was 90 percent at fault because they were distracted at the time of the accident. The jury also determined that your damages were $150,000. In this case, the judge would reduce your total recovery amount by ten percent, or $15,000, to $135,000.
Keep in mind that these principles apply even in those cases that do not make it to trial. For example, an insurance company will often make a reduced settlement figure when it believes a victim shared blame for an accident, knowing that if the case were to go to trial, the victim’s recovery among would be reduced.Have You Been Injured in a Fort Lauderdale Bicycle Accident?
If you or a loved one was recently injured in a bike accident, reach out to the Fort Lauderdale personal injury lawyers at the Blakeley Law Firm, P.A., for immediate assistance. At the Blakeley Law Firm, P.A., we aggressively pursue maximum compensation on behalf of bicycle accident victims while focusing on making the recovery process as straightforward as possible. Our lawyers have more than two decades of hands-on experience investigating, negotiating and litigating complex personal injury claims, and know what it takes to secure a full and fair compensation award on behalf of our clients. To learn more, and to schedule a free, no-obligation consultation today, call (800) 602-5000. You can also reach us through our online contact form. We have offices conveniently located in Fort Lauderdale, Miami Gardens, West Palm Beach and Jacksonville.