Bicycle Accident Lawyer

Justice Pays Your Top Bicycle Accident Lawyer In Florida

Florida Bicycle Accident Lawyers

For some riding a bicycle is a fun leisure activity to enjoy the Florida scenery,  for others riding a bicycle is their daily  transportation – how they get to and from work, the store an just about everywhere. Riding a bicycle in a park lane is one thing, crossing a major road like Tamiami Trail, US 301, University Parkway or Veterans Boulevard is quite another, especially if your schedule has you out after sunset. 

Unfortunately, the more often you must ride a bicycle around busy roads and intersections the higher the risk of being hit by a car and injured. Florida is one of the most dangerous states in the USA for Bicyclists and pedestrians, and every year many are seriously injured or lose their lives after being struck by a vehicle.  

The Florida bike accident attorneys at Goldman Babboni Fernandez Murphy & Walsh have been representing injured cyclists and pedestrians for over 30 years, working to get the financial compensation for their injuries they deserve and help them and thier families get back on the road to recovery. Our firm has recovered over $500 Million Dollars for clients across southwest Florida.

Whether it’s negotiating with insurance companies, proving the other party’s at fault, or ensuring a lawsuit is filed within the statute of limitations, bicycle accident lawyers are vital in helping the injured cyclist secure the compensation they deserve.  With thorough knowledge of the law and a dedication for justice, our lawyers will help you obtain the compensation you deserve for your bicycle accident case.

If you or someone you know has been hit by a vehicle while riding a bicycle contact us today for your free attorney case review. Call (941) 954-1234 today and find out how much justice pays.

Why Goldman Babboni Fernandez Murphy & Walsh?

  • Local Experience With Big Firm Results - Over $500 Won For Clients.
  • Every Case Is Represented By A Full Partner.
  • We are truly local to with offices in Sarasota, Manatee, Charlotte and Pinellas Counties
Bicycle Accident Lawyer

The Vulnerability of Bicyclists In Florida

Bicyclists are vulnerable on the road here in Florida, without the protective shell offered by a car, truck, or other type of vehicle.  In an accident, a cyclist is exposed to direct impact with the vehicle and the road, which can result in severe, sometimes fatal injuries.

Bicycle Accidents Cause Severe Injuries In Florida

Because a bicyclist is more exposed, injuries that are experienced from a bicycle accident can be significantly more severe than those from other types of road accidents.  Injuries from a bicycle accident include: traumatic brain injury, spinal cord injuries, fractures, lacerations, and internal injuries.  In some cases, death or disability may result.  Orthopedic bike injuries range from shoulder dislocations to herniated discs and back pain.  Sometimes following a bicycle accident, the body experiences a surge of adrenaline which can prevent you from recognizing that you have been injured in an accident.  Brain injuries can occur, such as closed head injuries, concussions, and traumatic brain injury.  When a mild or moderate brain injury occurs, it is not always noticeable right after a bicycle accident.  It is imperative that if you have been in any type of bicycle accident you go straight to the emergency room to see if there have been any injuries.  Your medical treatment will assist our legal team in determining if you have a settlement and how much compensation you should receive for your injuries.

Bicycles Are Less Visible To Cars In Florida

Despite the many benefits of bicycling, many people in Florida have been injured in bicycle accidents because they are less visible to cars and trucks.  The smaller size and lower profile of a bicycle make it easy for drivers to miss them when they are riding on the road.  Some drivers fail to look for bicyclists, particularly in poor weather conditions, at night, or during sunrise, and sunset when the light can make it difficult for drivers to see bicyclists.

Despite our best efforts to increase bicyclist safety, accidents still occur in Florida.  When they do, cyclists need to know their rights and how to protect themselves in case they are hit by a car.  In many jurisdictions, cyclists have the same rights and responsibilities as motor vehicle drivers.  If a driver fails to exercise due care and causes an accident to occur, they may be held liable for injuries sustained by a cyclist.

As personal injury lawyers in Florida, the lawyers at Goldman, Babboni, Fernanedz, Murphy & Walsh are committed to helping injured cyclists get the compensation they deserve.  Our attorneys will gather the necessary evidence to prove your case, negotiate with insurance companies on your behalf, and even take your case to trial if necessary.

Remember, if you have been involved in a bicycle accident, it’s important to seek the advice of a lawyer at our law firm as soon as possible.  We will help you understand your rights under Florida law and get the compensation you deserve, build a strong case, and ultimately get you the compensation you deserve.  As a cyclist, your safety is paramount and your rights should always be respected.  If you or someone you know is involved in a cycling accident, don’t hesitate to reach out to one of our trusted personal injury lawyers.  Your journey to justice and compensation begins with a single, crucial step- asking for help.



Can I Sue If I Was Hit By A Car While Riding My Bicycle In Florida? Can I Sue If I Was Hit By A Car While Riding My Bicycle In Florida?

As a bicyclist, you have the same rights as other motorists. Unfortunately, if a car hits you while you are riding your bicycle, the consequences can be severe. If you have been hit by a car while riding your bicycle in Florida, you may be wondering what your legal options are. Can you sue the driver of the car that hit you? What compensation can you expect to receive? At Goldman, Babboni, Fernandez, Murphy & Walsh, we are committed in providing the best possible legal representation for our clients. Our team of personal injury attorneys will help guide you through this difficult time.

Can I Sue?

In Florida, the answer is yes, you can sue if you were hit by a car while riding your bicycle. Florida law treats bicycles as vehicles. This means that cyclists have the same rights as motorists. If another driver’s negligence caused your accident, you may have a viable personal injury case.

Florida follows a “No-Fault” insurance system. This means that in the event of an accident, each party’s Personal Injury Protection (PIP) insurance coverage is responsible for their injuries, regardless of who was at fault. However, cyclists are generally not required to carry PIP insurance, so the driver’s PIP insurance often covers the cyclists injuries up to the policy limit.

Florida’s no-fault insurance law does not mean you can’t sue. If your injuries were serious enough, leading to significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death, you may step outside the no-fault system and pursue a personal injury lawsuit against the at-fault driver who hit you while bicycling.

What Can I Sue For?

If you meet the threshold for stepping outside the no-fault system, you can sue for damages such as:

  • Past, present, and future medical expenses
  • Lost wages and lost earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life

Who Is At Fault If A Bicycle Is Involved In An Accident In Florida?

In an accident involving a bicycle and a motor vehicle, fault can fall on the driver of the car, the cyclist, or both parties. The determination of who is at fault depends on the concept of negligence- if a party fails to exercise reasonable care and that failure causes injury to another party, they can be held liable for damages.

 

When The Driver Of A Vehicle Is At Fault For A Bicycle Accident

  • Drivers are often held liable for accidents involving cyclists because they:
  • Turn right across the path of a bicyclist going in the same direction.
  • Open a car door into the path of a bicyclists without looking for them.
  • Pull out of a side street, parking lot, or driveway into the path of a bicyclist.
  • Fail to yield at an intersection or run a stop sign or red light.
  • Hit bicyclists while attempting to pass too closely or in a dangerous manner

In these situations, a driver’s negligence is often clear, and they can be held liable for the cyclists injuries.

When Is The Bicyclist At Fault?

Cyclists, like drivers, are expected to exercise reasonable care and act in a safe manner while on the road. A cyclist may be at fault for an accident if they:

  • Ignore traffic signals or signs.
  • Ride against the flow of traffic.
  • Fail to signal when turning.
  • Ride at night without a light or reflectors.

What if Both Parties are at Fault?

In some cases, both the driver and the cyclist may share fault. Florida follows a comparative negligence rule, which means each party is responsible for a percentage of the damages proportional to their degree of fault.

Determining fault in a Florida bicycle accident case can be difficult, requiring the expertise of an experienced attorney to understand local traffic laws and a meticulous investigation to determine what happened. At Goldman, Babboni, Fernandez, Murphy & Walsh, we have experienced personal injury attorneys who have successfully resolved many complex bicycle accident cases like yours in Florida. We can help you gather evidence, establish liability, and advocate for your rights, ensuring you get the compensation you deserve for your injuries.


How Long Do I Have To Sue If I Was In A Bicycle Accident In Florida? How Long Do I Have To Sue If I Was In A Bicycle Accident In Florida?

The aftermath of a bicycle accident can be difficult and overwhelming physically, emotionally, and financially. Amidst all these concerns, it’s crucial to be aware of your timelines for pursuing a personal injury lawsuit. If you were in a bicycle accident in Florida, you might be wondering, “ How long do I have to sue?” At Goldman, Babboni, Fernandez, Murphy & Walsh, we are committed in resolving the paperwork and ensuring your rights are upheld.

Understanding the Statute of limitations for a bicycle Accident in Florida

In Florida, the statute of limitations- the time limit you have to file a lawsuit- for personal injury cases is two years from the date of the accident. If you fail to file your lawsuit within this timeframe, the court will likely dismiss your case and you will lose your right to seek compensation.

While the two-year time limit applies to most cases, certain circumstances may extend or shorten this timeframe:

  • If the at-fault party is a government entity, you may only have three years to file a claim.
  • If the bicycle accident resulted in death, a wrongful death lawsuit must be filed within two years.
  • If the injury was not discovered right away, the clock might start running from the “date of discovery” of the injury, rather than the date of the accident.

While two years may seem like a long time, it’s important to act quickly after your accident. Gathering evidence, contacting witnesses, and consulting with experts can be time consuming. Furthermore, the details of the incident are fresher and easier to document closer to the time of the accident.


 What To Do If You Are In A Bicycle Accident In Florida? What To Do If You Are In A Bicycle Accident In Florida?

If you find that you or a loved one has been injured in a bicycle accident in Florida, it is essential to know what steps to take to protect your health and your rights. At the law firm of Goldman, Babboni, Fernandez, Murphy & Walsh, we are dedicated to providing you with the necessary guidance and legal support you need to seek maximum compensation for your bicycle injuries.

Steps To Take After A Bicycle Accident In Florida

Make Safety A Priority:
If you can, move out of the roadway to a safe location. If you or anyone else is involved in the accident is seriously injured, call 911 immediately.

Call Police
Even if your injuries seem minor, it’s important to call the police and report the accident. A police report can serve as an important piece of evidence if you decide to file a claim later.

Exchange Information:
Exchange contact information with the other party involved in the accident. Be sure to note the make, model, and license plate number of the other vehicle.

Document The Scene:
Take pictures or videos of the accident scene, your bicycle, any visable injuries, and the vehicle involved. This evidence can be helpful in establishing fault and the extent of damages.

Seek Medical Attention:
Even if you feel okay, it’s important to get checked by a healthcare professional as soon as possible after the accident. Some injuries may not manifest immediately, and a medical record can link your injuries to the accident.

Document Your Injuries And Damages:
Keep a record of your physical injuries, emotional distress, and any property damages. Also, document any medical expenses, loss of income , or other costs related to the accident.

Notify Your Insurance Company:
Notify your insurance company about your bicycle accident, but be cautious about making any definitive statements before consulting with an attorney.

Consult A Personal Injury Attorney At Goldman, Babboni, Fernanez, Murphy & Walsh
Consult with one of our attorneys as soon as possible. They can guide you on the best possible course of action if you have been injured in a bicycle accident. They will help you understand your rights, and advocate for you during your insurance negotiations or bicycle lawsuit in Florida.


Do Bicyclists Have The Same Rights As Motorists In Florida? Do Bicyclists Have The Same Rights As Motorists In Florida?

As a bicyclist in Florida, understanding your rights on the road is crucial for your safety and legal protection.  You may be wondering, “Do bicyclists have the same rights as motorists in Florida?”  The answer is yes.  At Goldman, Babboni, Fernandez ,Murphy & Walsh, we’re here to help you understand these rights and what they mean for you when you’re pedaling on Florida’s roads.

 

Bicyclists’ Rights In Florida

In Florida, bicycles are legally defined as vehicles and bicyclist as drivers.  Bicyclists have the same rights to the roadway, and must obey the same traffic laws as drivers of other vehicles.  These rights include:

  • Obeying all traffic controls and signals.
  • Using lights at night.
  • Yielding the right-of -way when entering a roadway.
  • Bicyclists must use a fixed, regular seat for riding.

A bicycle may not be used to carry more persons at one time than the number for which it is designed or equipped.

Bicyclists must keep at least one hand on the handlebars.

Every bicycle must be equipped with a brake or brakes which allow the bicyclist to stop within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement.


Do Bicyclists Have The Right Of Way In Florida? Do Bicyclists Have The Right Of Way In Florida?

Traversing the roads as a bicyclist can sometimes be a arduous task, especially when it comes to understanding the right of way. You may ask, “ Do bicyclists have the right of way in Florida?”  At Goldman, Babboni, Fernandez, Murphy & Walsh, we’re here to provide clarity on this issue and ensure your rights are upheld while bicycling. 

Right of way for Bicyclists In Florida 

In Florida, bicyclists have the same rights and responsibilities as other road users, which includes respecting right-of-way rules.  Here are a few key points:

Intersections:  At intersections, the right of way depends on traffic signals and the order in which vehicles, including bicycles, arrived.  If a bicyclist arrives at an intersection first, or is to the right of a vehicle arriving simultaneously, they have the right of way.

Turning Vehicles:  When a motor vehicle is making a turn, it must yield to any bicycle traveling straight in the same direction.

Bicycle Lanes:  If a bicycle is within a bicycle lane, it has the right of way over motor vehicles turning across the lane.

Sidewalks and Crosswalks:  When riding on a sidewalk or in a crosswalk, a bicyclist has the rights and duties of a pedestrian.  However, the bicyclist must yield the right of way to any pedestrian and must give an audible signal before overtaking and passing the pedestrian.

If Your Right Of Way Is Violated:

If you are involved in an accident where a motorist has failed to yield the right of way, it’s crucial to seek legal counsel.  Violations of the right of way can significantly impact fault determination in a bicycle accident claim.

Our lawyers at Goldman, Babboni, Fernandez, Murphy & Walsh are well versed in Florida bicycle laws.  We can guide you through the legal process, helping you to establish fault, gather necessary evidence, and advocate for your rights if you have been injured in a bicycle accident in Florida we can ensure you get the compensation you deserve.


Is A Bicycle A Vehicle According To Florida Law? Is A Bicycle A Vehicle According To Florida Law?

If you have been injured in a bicycle accident, you may be wondering, “Is a bicycle considered a vehicle according to Florida law?” At Goldman, Babboni, Fernandez, Murphy & Walsh, we’re here to provide information on this important issue and ensure your rights are upheld.

Bicycles as Vehicles under Florida Law

Under Florida law, bicycles are indeed legally defined as vehicles and bicyclists as drivers.  This classification is essential as it grants bicyclists the same rights to the roadways, and in turn, the same responsibilities as drivers of motor vehicles.  These responsibilities include, but are not limited to:

  • Obeying All traffic controls and signals
  • Riding with the flow of traffic
  • Using lights when riding between sunset and sunrise

Being recognized as a driver means that you have the right to share the road with motor vehicles.  However, it also means that you must adhere to the same rules and regulations that apply to motor vehicles, with certain exceptions and additional rules specifically for bicycles.

For example, unless a bicycle lane is available on the roadway, a bicyclist may use the full lane if they are moving at the same speed as other traffic.  If moving slower than other traffic, the bicyclist must ride in the right-hand lane or as close as practicable to the right-hand curb or edge of the roadway.

If you’re involved in an accident where a motorist failed to respect your rights as a bicyclist, it’s important to consult with a personal injury attorney at Goldman, Babboni, Fernandez, Murphy & Walsh who understands Florida’s Bicycle Laws.


Does PIP Cover Bicycle Accidents In Florida? Does PIP Cover Bicycle Accidents In Florida?

Personal Injury Protection (PIP) is a critical aspect of auto insurance coverage that most drivers in Florida are required to carry, but does it cover bicycle accidents?  The answer is yes.  In Florida, PIP insurance, also known as no-fault insurance, is a mandatory part of every auto insurance policy.  Surprisingly, PIP, also known as no-fault insurance, is a mandatory part of every auto insurance policy.  Surprisingly, PIP coverage can extend to bicycle accidents, even though bicycles themselves aren’t motor vehicles.  Here’s how it works:

If you are involved in a bicycle accident with a motor vehicle, your PIP coverage can apply to cover your medical expenses and lost wages, up to the limit of your policy, regardless of who was at fault for the accident.  This is because the coverage is tied to the policyholder, not the vehicle, and applies whenever the policyholder is involved in a motor vehicle accident, even as a pedestrian or a bicyclist.

Even if you don’t own a car or have your own PIP coverage, you could still be covered.  If you live with a relative who has PIP coverage, their policy could cover you in the event of a bicycle accident involving a motor vehicle.  If no such coverage exists in your household, the PIP coverage of the motor vehicle involved in the accident may apply.       

PIP coverage can be a lifeline in the aftermath of a bicycle accident, but understanding and accessing this coverage can be complex.  It is crucial to consult with an experienced bicycle accident attorney that understands Florida’s specific insurance laws.


What Is The Most Common Bicycle Injury In Florida? What Is The Most Common Bicycle Injury In Florida?

With the increased popularity of bicycling through the years comes the increased risk of serious injury and death.  At Goldman, Babboni, Fernandez, Murphy, & Walsh we have handled many bicycle accidents and are here to provide incite into the most common bicycle injuries in Florida, and how you can seek legal resources should you become involved in a serious accident.

Most Common Bicycle Injuries In Florida

Bicycle accidents can result in a wide range of injuries from minor scrapes and bruises to severe and life-altering conditions.  However, some injuries are more common than others.  These are the most common bicycle injuries in Florida:

Head Injuries:  Head injuries, including concussions and traumatic brain injuries, are unfortunately the most common type of injury that can occur when a bicyclist is thrown off their bike or collides with a motor vehicle.  Wearing a helmet significantly reduces the risk of a severe head injury in the event of a bicycle accident.

Fractures:  Broken bones are another common injury, particularly fractures of the arms, wrists, and collarbones, as bicyclists often try to break their fall with their hands or arms.

Abrasions and Lacerations:  These can occur from sliding on the pavement or roadway after a collision and can lead to significant skin and soft tissue damage.

Spinal cord injuries:  These are less common but can be particularly serious, potentially resulting in paralysis or other long-term disability.

 

If you have been injured in a bicycle accident and have suffered any of these common injuries, it’s essential to seek immediate medical treatment. Documenting your injuries and the treatment you receive is crucial  for any potential legal action.  Next, consult with an experienced personal injury attorney to understand  your legal rights and potential compensation.


 What Happens If You Hit A Bicyclists In Florida? What Happens If You Hit A Bicyclists In Florida?

No driver ever wants to hit a bicyclist, but it could happen at any time.  If such an unfortunate event occurs, knowing what happens and what to do is critical.  Here at Goldman, Babboni, Fernandez, Murphy & Walsh, we provide expert legal advice to help you navigate through these challenging situations.

What To Do After The Accident

If you are involved in an accident with a bicyclist:

Stay Calm and Check for Injuries:  Ensure your safety and check on the bicyclists.  If there are any injuries, call for medical attention immediately.

Call the Police:  You should report the accident to the police as soon as possible, regardless of the severity of the accident.  An official report can be very helpful in determining who is at fault and who is responsible for any injuries.

Exchange Information:  Share your contact and insurance information with the bicyclists, and obtain their information as well.

Document The Scene:  If it is safe share your contact information and insurance information at the scene of the accident, include your vehicle, the bicycle, the roadway, and any visible injuries.

Do Not Admit Fault:  It is crucial to avoid making any statements that could be construed as admitting fault or assigning blame at the scene of the accident.  Remember, anything you say could be used against you in subsequent legal proceedings.

 

Potential Legal Consequences:

If you hit a bicyclist in Florida, you could potentially face several legal implications:

Civil Liability:  If you’re found to be at fault, you could be held responsible for the bicyclist’s medical bills, lost wages, and other damages.

Criminal charges:  If you leave the scene of the accident without reporting it or providing your details, you could face criminal charges, including hit-and-run.

Insurance Consequences:  Your insurance premium could increase, particularly if you’re determined to be at fault for the accident.