Bicycle Accident Attorney
In Florida, Bicycle Riders Have Many of the Same Rights and Privileges as Motor Vehicle Drivers and Passengers. If You Have Been Injured on a Bicycle in Volusia or Flagler Counties, Our Bicycle Accident Attorney Will Meet With You To Discuss Your Case.
Injured in a Bicycle Accident?
As a bicyclist in Florida, you have legal rights. You have the right to share the road. When you get injured in an accident, you have the right to seek full and fair compensation for your injury-related losses. Unfortunately, due to the nature of cycling on the road, injuries from bicycle accidents tend to be severe. Even when riders are wearing helmets, concussions and other head injuries are common, as are broken bones, severe lacerations, soft tissue damage, and spinal cord injuries.
If you have been injured in a bicycle accident, it is important to know your legal rights. For example, did you know that you may be entitled to coverage under the driver’s personal injury protection (PIP) policy? If the driver who hit you was uninsured (or if he or she did not stop at the scene of the accident), did you know that your own PIP auto insurance may apply?
In addition, motor vehicles should yield to bicycles in a bike lane. A bicycle accident that occurs as the result of a driver passing a bicycle at an unsafe distance or failing to yield can result in the driver’s liability. In Daytona Beach, bike accidents are commonly the result of:
Bicycle Accident Attorney Serving the Daytona Beach Area
At Rue & Ziffra Law Offices, we have decades of experience helping bicycle riders recover just compensation for accidents in Volusia and Flagler Counties. We have lived and worked here for more than 40 years, and we take pride in representing fellow members of our community. If you have incurred medical bills, missed time from work, or experienced significant pain as a result of your injuries, we want to help you, and you can rest assured knowing that our team of attorneys is fighting to win the compensation you deserve.
“You are a true example of what it takes to be with a successful law firm. I commend you, and your service.” – Carmen R., Palm Coast
“Rue & Ziffra is doing a beautiful job. Very responsible and courteous firm. Thank you for everything you have done for my family and [me].” – Celeste R., Deltona
Types of Bicycle Accident Cases We Handle
We represent individuals who have suffered traumatic injuries in all types of bicycle accidents and cycling collisions. Regardless of what happened, if you have suffered serious injuries, it is important that you speak with an experienced personal injury attorney. Many of our clients are surprised to learn about the options they have available, and most are not aware of the full extent of the compensation to which they are entitled.
Contact us today for a free consultation about your bicycle accident case involving:
A Driver’s Personal Injury Protection (PIP) Coverage
If you were injured in a collision with a car, truck, or SUV, you may be entitled to compensation under the driver’s personal injury protection (PIP) policy. PIP coverage is mandatory in Florida, and it provides up to $10,000 in coverage for medical expenses from bicycle accident injuries.
Your Own Personal Injury Protection (PIP) Coverage
If you own a vehicle (or if any member of your household owns a vehicle), you may be entitled to coverage under your family’s PIP insurance as well. By law, PIP insurance is required to cover pedestrians and bicycle riders; and since PIP provides “no-fault” coverage, you can file a claim regardless of the factors involved in your accident.
Severe and Permanent Bicycle Accident Injuries
If personal injury protection (PIP) insurance is not enough to cover your accident-related injuries, we can help you seek additional compensation under the at-fault driver’s bodily injury liability (BIL) policy. Or, if the driver was uninsured (or fled the scene of the accident) and you have uninsured/underinsured motorist (UIM) coverage, we can file a claim under your UIM policy.
Injuries Suffered While Riding a Rented Bicycle
Accidents involving rented bicycles present certain unique issues; and, while rental companies will usually require you to sign a waiver, (i) these waivers are not always enforceable, and (ii) they do not cover all types of accidents. If you were injured while riding a rented bicycle, we can help you, and we encourage you to contact us as soon as possible.
Injuries Suffered Due to a Bicycle Defect
While many bicycle accidents involve negligent drivers, some involve manufacturer product defects. If you crashed (or if your injuries were more severe) because of a problem with your bicycle, we can file a claim against the bicycle manufacturer to seek full compensation for your injury-related losses.
Steps To Take After A Bicycle Accident
After a bicycle accident, the bicyclist should safely gather as much evidence from the accident scene as possible. Of course, seeking necessary medical attention should be his or her first priority. Any photographs, contact information of witnesses and police reports he or she can acquire will be helpful information to build a case.
In Florida, the statute of limitations for personal injury cases is two years from the date of the accident. This means that to recover damages, an individual must usually file his or her claim within this two-year period.
Frequently Asked Questions
After a serious injury or accident, victims and their families have many questions in mind. We encourage you to contact us today for a free consultation, so we can personally address all your questions and concerns.
Meanwhile, these are a few of the most common questions we hear from our clients.
What if I was partially at fault in a bicycle accident?
If you were partially at fault in a bicycle accident, you can still recover financial compensation under Florida law. In cases where more than one party is responsible for causing an accident, Florida follows a rule known as “pure comparative fault.”
Let’s consider an example. Suppose you ran a four-way stop sign on your bicycle, and while you were in the intersection, you were hit by a driver who also ran the four-way stop while speeding excessively. Based on these facts, it would appear that you and the driver both played a role in the accident. If a jury determines that your damages are $100,000 and you were 25 percent at fault, you would be entitled to collect $75,000 for your injury-related losses.
What are some of the most-common scenarios involved in bicycle accidents?
Bicycle accidents occur under a wide range of circumstances. While collisions with vehicles are common and carry obvious risks, accidents, in which drivers run cyclists off of the road, can lead to severe injuries as well. In our experience, some of the most-common scenarios involved in bicycle accidents include:
- Inattentive drivers turning into the path of oncoming cyclists
- Distracted drivers hitting cyclists while texting, talking on the phone, or scrolling through social media
- Negligent drivers clipping cyclists and running cyclists off of the road while attempting to pass
What are bicycle rider's rights on the road in Florida?
In Florida, bicyclists have the same rights and responsibilities on the road as motor vehicle drivers. According to Florida’s State Uniform Traffic Control Law, “Every person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter, and except as to provisions of this chapter which by their nature can have no application.” This means:
- You have the right to occupy a lane of traffic
- You have the right not to be cut off or tailgated
- You have the right (and obligation) to obey traffic signs and signals
- You have the right to seek financial compensation for accident-related injuries and losses
What are some examples of issues that can make bicycle rental waivers unenforceable?
There are a variety of issues that can make bicycle rental waivers unenforceable. As a result, even if the language of the waiver you signed seems clear, you should still have it reviewed by an experienced attorney. Some of the ways we have been able to seek financial compensation against rental companies have included:
- Alleging intentional, reckless, or grossly-negligent conduct
- Alleging negligent acts that fall outside of the waiver’s protections
- Challenging waivers as unconscionable or against public policy
- Challenging waivers as being unreasonably broad (e.g., disclaiming liability for “all acts”)
- Challenging the enforceability of a child’s or parent’s signature on a waiver form
Also, keep in mind that the rental company may not be the only party that is responsible for your injuries.
Schedule a Free Bicycle Accident Consultation
For more information about how we can help you recover just compensation for your bicycle accident injuries, contact us to schedule your free initial consultation. To schedule an appointment at a time that works for you, please call (386) 788-7700 or let us know how to contact you online.