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Sarasota Bicycle Accident Lawyer On Fault And Liability


As a pedestrian or bicyclist injured in an accident with a car in Sarasota, you may have extensive legal options. Navigating the implications after a bicycle accident with a vehicle calls for a nuanced understanding of liability and fault – not all bicycle accidents are the fault of the driver for example. An experienced Sarasota bicycle accident lawyer can help you determine if the driver acted negligently and violated traffic laws. Thorough investigation of the scene, police reports, and witness accounts helps establish valid legal claims. Competent representation also demands assessing how comparative negligence principles could affect compensation. Our lawyers at Goldman, Babboni, Fernandez, Murphy & Walsh will explore critical legal responsibilities and potential liabilities in pedestrian and bicycle accidents at hazardous Sarasota intersections like Fruitville Road and Lime Avenue. Consult our qualified attorney to protect your rights after a Sarasota bicycle crash.

Determining Fault in a Sarasota Bicycle Accident

Whether you were hit by a car while riding on your way to work along Bee Ridge Road, or going for a Sunday ride on the Legacy Trail, as the victim in a bicycle accident, you may be entitled to compensation for your injuries. However, determining who is at fault in the accident is sometimes more complicated than you might think. In Sarasota, as in all of Florida, accidents involving bicyclists and motor vehicles are governed under Florida’s modified comparative negligence laws. This means that more than one party can share fault in an accident.

To establish liability, a Sarasota bicycle accident lawyer will investigate who caused the collision and determine each party’s degree of fault. Key factors reviewed include:

  • The actions of the motor vehicle driver: Did the driver fail to yield, run a red light or stop sign, or make an unsafe turn or lane change? Reckless or distracted driving are signs the driver may bear most if not all fault.
  • The bicyclist’s responsibility: Cyclists must follow the rules of the road. If the cyclist was riding against traffic, ran a red light, or was distracted, they may share some liability.
  • Road conditions: Poorly marked or designed bike lanes and intersections can also contribute to accidents. Government entities responsible for road maintenance may share fault.
  • Witness statements and police reports: Eyewitness accounts and official reports from responding officers help recreate the events leading up to the crash and identify unsafe behaviors.

By examining the circumstances surrounding your bicycle accident in Sarasota and determining where fault lies, a personal injury lawyer can build a strong case to pursue compensation for your injuries. While no amount of money can undo the trauma of a bike crash, securing a fair settlement or winning in court can help you gain closure and recover financially.

Common Causes of Bicycle Accidents in Sarasota

As a bicycle accident victim in Sarasota, it is important to understand the common causes of such crashes in order to determine liability and fault. Some of the most frequent causes of bicycle accidents in the area include:

Distracted Driving

Distracted drivers, especially those texting or using their cell phones, pose a serious threat to bicyclists. When a driver’s attention is diverted from the road, they may fail to notice a bicyclist and hit them.

Failure to Yield
Motorists often fail to properly yield the right of way to bicyclists when changing lanes, turning, merging or passing. This can easily lead to a collision with a bicyclist.

Speeding

Excessive speed gives motorists less time to react to and avoid striking a bicyclist. Speeding also increases the force of impact and severity of injuries in a crash.

Dooring

“Dooring” refers to when a driver or passenger opens their door into the path of an oncoming bicyclist. This can cause the bicyclist to crash into the door or swerve into traffic to avoid it.

Drunk Driving

Intoxicated motorists have impaired perception, judgment and motor skills, making them a threat to bicyclists on the road. Drunk drivers may not see a bicyclist until it is too late or may be unable to properly react in time.

If you have been injured in a bicycle accident due to the negligence or wrongdoing of another party in Sarasota, you may be entitled to compensation. Speaking with an experienced Sarasota bicycle accident lawyer can help you understand your legal rights and options for pursuing a personal injury claim.

Sarasota Bicycle Accident Injuries and Damages

As an avid bicyclist in Sarasota, you face considerable risks sharing the road with motor vehicles. In the event of an accident with a car, you could sustain severe injuries that lead to costly medical bills and lost income. Understanding your legal rights regarding liability and compensation in a bicycle accident is critical.

Medical Expenses

Following a collision with a motor vehicle, you will likely incur expenses related to emergency transport, hospitalization, surgery, physical therapy, and medication. The at-fault driver’s insurance should cover these costs, but you need to document all related bills, receipts, and insurance statements to build your case. Consult with a Sarasota bicycle accident lawyer to determine the appropriate amount of compensation to seek.

Lost Wages

If your injuries prevent you from working for a period of time, the responsible driver’s insurance should reimburse you for lost income during your recovery. Provide pay stubs, tax returns, and a doctor’s note indicating the timeframe you were unable to work to substantiate your claim. Your attorney can calculate the appropriate settlement amount accounting for your salary and any bonuses or commissions.

Pain and Suffering

In addition to economic damages, you deserve compensation for the physical pain, mental anguish, and reduced quality of life resulting from your bicycle accident injuries. Though subjective, pain and suffering damages aim to make you whole again. Your lawyer will evaluate the severity of your injuries and determine a fair settlement amount for your suffering.

Property Damage

If your bicycle or other personal property was damaged in the collision, the at-fault driver’s insurance should reimburse you for the cost of repairs or replacement, up to the actual cash value of the items. Provide photos of the damage, repair or replacement estimates, and receipts for any costs you incur to document your claim. Your attorney can negotiate with the insurance company to recover the full cost of your property damage.

What to Do After a Sarasota Bicycle Accident

Following a bicycle accident in Sarasota, there are several steps you should take to protect your legal rights.

Seek Medical Attention
Your health and safety should be your top priority after any accident. Call 911 for emergency services if anyone involved requires immediate medical care. Even if injuries seem minor, see a doctor as some conditions like head trauma or internal bleeding may not show symptoms right away. Medical records from the incident will also serve as important evidence if you pursue a bicycle accident claim.

Report the Accident to Police

Notify the Sarasota police to report any vehicle-bicycle collision. Provide details about the location, time, vehicles, and individuals involved. Request a copy of the official police report which can be invaluable for insurance and legal purposes.

Collect Evidence from the Scene

If able, gather information and documentation from the scene of the accident. Take photos of vehicle damage, skid marks, debris, and the overall area of impact. Get contact details from any witnesses. All evidence should be preserved as it may be useful for determining fault and liability.

Contact a Sarasota Bicycle Accident Attorney
Speaking with an attorney who specializes in bicycle accidents can help you understand your legal options. They can investigate the details of your accident, determine who is at fault, and pursue compensation for any injuries or damages incurred. The legal team at Goldman Babboni Fernandez Murphy & Walsh has experience handling complex bicycle accident claims in the Sarasota area.

Inform Insurance Providers

Notify appropriate insurance companies about the accident, including health, homeowner’s, and auto insurers. Provide details about the incident along with any police or medical reports when filing a claim. Be aware that any statement given to an insurance adjuster may be used to limit their liability, so speaking with an attorney first is advised.

Following these critical steps after a bicycle accident in Sarasota can help establish important details regarding fault and ensure you receive fair compensation for injuries or losses. An experienced bicycle accident lawyer can guide you through the legal process and negotiate on your behalf with insurance companies.

Why Hire a Sarasota Bicycle Accident Lawyer?

Retaining an experienced Sarasota bicycle accident lawyer is crucial if you or a loved one has been injured in a collision with a motor vehicle while riding a bike. A qualified attorney can help navigate the legal complexities and ensure you receive fair compensation.

Comprehensive Case Assessment

An attorney will conduct a thorough investigation into your accident to determine liability and the total damages incurred. They will collect police reports, interview witnesses, assess medical records and bills, and consult with experts to build a strong case.

Dealing with Insurance Companies

Insurance companies may offer a quick settlement that does not cover the full costs of your injuries and damages. A lawyer knows how to counter inadequate settlement offers and has the skills to negotiate a fair outcome. They can also determine if the at-fault party’s policy limits were exceeded, allowing you to pursue additional compensation.

Knowledge of Relevant Laws

The laws governing bicycle accidents in Florida are complex. An attorney understands how to apply laws like comparative fault to your unique situation. They can also advise you on time limits for taking legal action to avoid missing critical deadlines.

Representation in Court

If a settlement cannot be reached, an experienced trial lawyer can represent you in court. They have the expertise to present a persuasive case to a judge and jury, including calling expert witnesses to testify on your behalf. Without legal counsel, you risk losing your right to compensation or accepting an unfair ruling.

A Sarasota bicycle accident lawyer has the knowledge and skills to advocate for your rights after a traumatic crash. Seeking advice from a qualified attorney as soon as possible following an accident can help maximize your chances of a fair outcome and ease the legal burdens, allowing you to focus on recovery. Their guidance and representation can make a crucial difference in obtaining the compensation you deserve.

Bicycle accidents involving pedestrians in Sarasota can lead to complex legal issues surrounding liability and fault. By understanding the relevant laws and working with an experienced bicycle accident lawyer in Sarasota, injured pedestrians can build a strong case to recover damages. With the proper legal guidance, those hurt by negligent bicyclists at dangerous intersections like Main Street and Orange Avenue have a much greater chance of obtaining the compensation they deserve. Moving forward with your claim in a strategic manner with trusted bicycle accident attorney from Goldman, Babboni, Fernandez, Murph & Walsh is key to easing your pain and suffering today.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Sarasota Bicycle Accident Lawyer On Fault And Liability

Goldman Babboni Fernandez
Murphy & Walsh




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