Personal Injury Bicycle Accident

Miami Bicycle Accident Lawyer

Our Miami lawyers help injured cyclists secure fair compensation for their injuries and damages.

Protecting Your Bicycle Rights on the Road

At CLS Law Firm, we stand firmly with bicyclists who've been injured on the road, recognizing the unique risks and challenges they face. Unfortunately, cycling accidents can lead to severe injuries, and our team is deeply committed to supporting victims through these difficult times. We pride ourselves on our comprehensive understanding of the specific regulations designed to protect cyclists, and we utilize this knowledge to defend your rights and secure your rightful compensation fervently.

lawyers castellon, Lauren and Schlesinger

Case Studies Highlighting Our Expertise

Our approach to each case is thorough and detailed. We meticulously gather and analyze all available evidence, from accident scene photos to witness statements, to establish the other party's fault. Whether you're a leisurely rider or a dedicated cycling enthusiast, we're dedicated to ensuring that the legal system hears your story and acknowledges your losses.

Sideswipe Incidents

Consider a situation where a cyclist is clipped by a vehicle changing lanes without proper signaling or checking their blind spots. These "sideswipe" incidents can lead to severe injuries for the cyclist, underscoring the need for vigilant legal pursuit of negligence. Our team would methodically review traffic laws, consult with accident reconstruction experts, and present a clear, compelling case highlighting the motorist's carelessness.

Sudden Stop Scenarios

Similarly, if a cyclist suffers injuries from a sudden stop by a vehicle in front without any warning, we delve into the specifics, proving that the sudden braking was unreasonable and that the motorist failed to maintain a safe distance. These detailed investigations help us paint a vivid picture of the negligence involved, ensuring that your claim comprehensively covers medical expenses, lost wages, and the emotional toll of the accident.

Specific Laws Designed to Protect Cyclists in Florida

Florida has specific laws designed to protect cyclists, reflecting the state's commitment to ensuring the safety of all road users, including bicyclists. These laws are part of the Florida Statutes and cover a wide range of topics from the rights of cyclists on the road to the responsibilities of motorists when interacting with cyclists. Here are some key laws and protections afforded to cyclists in Florida:

  1. Right to the Road: Cyclists have the same rights and responsibilities as motor vehicle drivers and are entitled to use the roads, with the exception of limited-access highways or where prohibited by local ordinances.

  2. Bike Lane Use: When bike lanes are present, cyclists are required to use them unless they are passing another bicycle, making a left turn, avoiding an obstacle, or the bike lane is otherwise unsafe.

  3. Riding Abreast: Cyclists are allowed to ride two abreast in a lane, but they must not impede traffic flow when doing so. More than two abreast is prohibited unless on paths or parts of roadways set aside for the exclusive use of bicycles.

  4. Minimum Passing Distance: Motorists are required to maintain a safe distance of at least three feet when passing bicycles. This law aims to reduce close calls and accidents caused by motorists passing too closely to cyclists.

  5. Sidewalk Riding: Cyclists are allowed to ride on sidewalks unless prohibited by local ordinance. However, when riding on a sidewalk or in a crosswalk, a cyclist has the same rights and duties as a pedestrian and must yield the right-of-way to pedestrians.

  6. Lighting Requirements: Bicycles used between sunset and sunrise must be equipped with a white light visible from at least 500 feet to the front and a red reflector and a lamp emitting a red light visible from 600 feet to the rear. This requirement enhances the visibility of cyclists during night-time or low-light conditions.

  7. Helmet Law: While Florida law requires all cyclists under 16 years of age to wear a helmet that meets federal safety standards, it's strongly recommended for all cyclists regardless of age for added safety.

  8. Signal Intentions: Cyclists must signal their intention to turn or stop using either hand signals or the bicycle's signal devices.

Overview of Pedalcyclist Fatalities in Florida From 2013 to 2022

During this period, there were 1,597 recorded deaths, making up 5.1% of the total 31,047 fatalities in the state. The data is broken down into various categories:

  • Yearly Fatalities: The number of fatalities each year, with a peak in 2022 (222 fatalities) and the lowest in 2014 (133 fatalities).
  • Gender: 88% of the fatalities were male, and 12% were female.
  • Time of Day: More fatalities occurred during the daytime (54%) than at night (46%).
  • Rural/Urban: A significant majority of the fatalities (84%) happened in urban areas, with the remaining 16% in rural areas.
  • Age Group: The data shows fatalities distributed across all age groups, with the highest percentages in the 55-59 years (8%) and 60-64 years (8%) brackets.
  • Month: The chart indicates fatalities by month, with a noticeable increase in December (162 fatalities).

The source of this data is the FARS and the population data from the Census Bureau.

Common Questions About Bicycle Accidents

What are my rights as a bicyclist if I'm hit by a vehicle?
  • Ensure your safety off the road.
  • Contact emergency services if there are any injuries.
  • Exchange contact and insurance information with the other party.
  • Document the scene with photos and notes.
  • Report the accident to the police.
What Types of Compensation Can I Receive?

Compensation might include medical expenses, lost wages, bike repair or replacement, and pain and suffering. Each case varies, so specific advice from a legal professional is recommended.

Should I Talk to the Insurance Company After an Accident?

While you should report the accident, it's wise to speak with a lawyer before giving detailed statements or accepting any settlements. Insurance companies often aim to minimize payouts.

What If My Child Was Involved in a Bicycle Accident?

Claims involving minors typically require a guardian to file on the child's behalf. The compensation and legal process might differ, emphasizing the importance of seeking specialized legal advice.

Are There Specific Laws Protecting Cyclists?

Yes, many jurisdictions have laws specifically aimed at protecting cyclists, such as helmet laws, rights to the road, and safe passing laws. Familiarizing yourself with these can be beneficial.

What if the other driver doesn’t have insurance?

If the other driver involved in the accident does not have insurance or has insufficient insurance to cover the damages, there are several steps you can take. Firstly, you can file a claim for uninsured or underinsured motorist benefits through your own insurance company, assuming you have purchased such coverage. This allows you to receive compensation up to the limits of your policy for injuries and damages caused by the accident.

Do I need to go to court for my automobile accident case?

Most car accident cases do not require the court, as they are often resolved through negotiations between your lawyer and the other driver's insurance company. This approach is usually more time-efficient and cost-effective compared to a trial. Each case is unique, so it's essential to discuss the specifics of your case with a lawyer to understand the likelihood of going to court​​.

How do you prove the other driver was at fault?

To prove the other driver was at fault in a car accident, gather evidence, such as police reports detailing the officer's observations and any issued traffic tickets. State traffic laws can also support your case by highlighting violations by the other driver. Additionally, photographic evidence from the accident scene, witness statements, and any admission of guilt by the other driver can be crucial.

Can CLS Law Firm help with long-term care costs from accident injuries?

Yes, our law firm can assist with securing compensation for long-term care costs resulting from accident injuries. They can negotiate settlements or pursue litigation to cover medical expenses, rehabilitation, and other related expenses. A lawyer will evaluate the impact of the injuries on your life, gather evidence to support your claim and work to ensure that you receive adequate compensation to manage long-term care needs.

What if I'm contacted by the other driver's insurance company?

If contacted by the other driver's insurance company, it's important to be cautious. You're not obligated to provide detailed information or admit fault. Politely decline to discuss specifics and refer them to your lawyer or insurance company. Insurance adjusters may minimize liability or offer a quick, low settlement. Legal representation ensures your interests are protected and you receive fair compensation for damages and injuries. Your lawyer can handle communications and negotiations for you, focusing on securing the best outcome for your case.

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Begin your path to justice with a free, no-obligation consultation. We'll review your case, explain your rights, and explore how we can secure the compensation you deserve. Let’s get you the help you need.

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