Cycling provides countless benefits, and many residents in the state enjoy getting out to ride as much as possible. Unfortunately, Florida ranks among the top states for vehicle-related accidents, and the consequences are often severe.
You have the right to file a claim to seek damages if a careless driver caused a preventable collision. Reach out to a skilled Port Orange bicycle accident lawyer at our firm for help with your case. At Rue & Ziffra, our injury attorneys have 50+ years of experience defending the rights of injured cyclists in the community. Let us help you.
After an accident, prioritize your health and safety. Other important steps include:
Try to stay calm and move yourself and your bike out of traffic to a safe spot if you can, without worsening any injuries. Perform a quick self-assessment to see if you’re bleeding, have broken bones, head injuries, or any other issues. Remember that Adrenaline can mask pain, so even if you feel okay, take it seriously and try not to move very much.
Call 911 to report the incident and request the police and first responder emergency medical services, even if your injuries seem minor. Cyclists are extremely vulnerable when struck by a car, and injuries may not be immediately apparent. The paramedics can evaluate you at the scene, and the police report is an official record documenting the negligent motorist’s rule.
Make sure to exchange information with the driver, including full name, contact, driver’s license number, car description, license plate number, and insurance policy details. Avoid discussing fault or going into details about the accident while on the scene.
If you are able, use your phone to document evidence by taking photos and videos of your injuries, damage to your bicycle, and any debris or skid marks. Record details such as road conditions, traffic signals, and weather while your memory is fresh. Preserve all evidence, including your bicycle, helmet, and clothing.
Save receipts for medical care, repairs, and other related expenses. Contact our qualified Port Orange bicycle accident attorney to ensure protection of your rights and to assist with the claims process.
The primary causes of vehicle-related bike accidents include the following:
While you cannot control motorists’ actions, you can take steps to enhance your own safety by riding predictably, ensuring visibility during both day and night, and occupying the full lane when appropriate.
The deadline for filing a bicycle accident claim is two years from the date of the accident. There could be an option for extensions in some circumstances, but building your case and filing it promptly is in your best interest to ensure the evidence is fresh and in compliance with the statutes. The state follows the modified comparative fault rule for cases involving shared fault.
According to the guidelines of Florida Statutes § 768.81, if the court finds that you share part of the fault, that will not prevent you from collecting a settlement from the driver as long as your share is less than 50 percent. However, they will subtract your percentage of responsibility from the settlement amount. Our bicycle accident lawyer in Port Orange can review the rules in detail and answer your questions during a free initial consultation.
Take charge of your recovery and hold negligent drivers accountable for their actions. Contact a Port Orange bicycle accident lawyer at Rue & Ziffra today for a free consultation and discover your best path forward.
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