Generally, bicycles are considered a safe mode of transportation. Quite contrary to the common belief, bicycle accidents are more common than you even think. Moreover, bicyclists are exposed to road risks even more than motorcyclists. Both riders are vulnerable to external forces, but motorcycles have a sound vehicular weight that bicycles lack. Even pedestrians can collide with bicycles, leading to a minor accident. In most cases, bicyclists suffer critical injuries when hit by another vehicle.
Florida is a no-fault state, where the law entitles you to compensation for the losses you suffer in an accident. Bicycle accidents are common occurences in the state. The primary reasons include the state’s weather hazards and abundance of motorcycles. When you are injured in an accident due to someone else’s fault or negligence, you deserve compensation. You need reliable legal support to complete the legal process. Our bicycle accident attorneys at Injury Assistance Law Firm guide you through the process and explain to you what to expect in compensation. The blog breaks down the key factors that influence the accident settlement amounts in Florida.
Average Bicycle Accident Settlement Cost in Orlando
You may be wondering, “Can I sue the car owner?” after you have been hit by another vehicle?
Yes, you can sue the vehicle owner if they cause damage to your bicycle. Between 2014 and 2021, more than 600 bicycles experienced fatal accidents on the streets of Florida. The Florida Law recorded more than 25,000 bicycle accidents. Very few cyclists suffer minimal injuries when hit by a car. Florida Law permits bicycle accident victims to file a personal injury lawsuit to pursue compensation. Many bicycle accident lawsuits reach a settlement before they reach court. You need the assistance of an expert attorney to help you achieve the maximum settlement amount.
The average settlement amount for a bicycle accident depends on the specifications of the case and the attorney’s ability to negotiate. Your bicycle accident lawyers at Injury Assistance Law Firm can explain to you what damages come under your compensation claim. According to bicycle accident settlement cases under Florida Law, a victim can claim an amount anywhere between $100,000 and $600,000. The settlement cost depends on individual case circumstances. There is no fixed average settlement amount for a bicycle accident, but various factors influence the settlement value.
What Are the Common Causes of Bicycle Accidents?
Bicycle accidents can occur anytime, anywhere. Compared to motorists, bicyclists sustain more severe injuries. Bicycle riders do not have any physical protection other than helmets. Even on streets with low traffic rates, bicycle accidents can result in serious injuries. The injuries can be fatal, too.
Several factors can result in bicycle accidents. Causes are essential to note as they help establish the fault. Common causes of bicycle accidents include –
- Lack of focus on the road and other vehicles
- Failure to yield to other vehicles and pedestrians
- Overspeed
- Night time riding
- Driving under the influence of drugs, alcohol, or medication
- Poor road conditions
- Weather hazards
Most bicycle accidents result from the other drivers’ negligence, but in some cases, the cyclists are found to be at fault too. Rides should be safe and cautious. In certain unavoidable situations, cyclists must maintain a higher level of awareness to prevent accidents.
Factors that Influence Bicycle Accident Settlement Worth
Like all personal injury claims, there are several factors that influence a bicycle accident case’s settlement value. Not only does the accident result in economic losses, but it also impacts the non-economic aspects of life. If you decide to file a personal injury claim, the compensation is calculated based on both the economic and non-economic damages. The settlement value the victim receives is dependent on the severity of the injuries and their short-term and long-term treatment costs. Further damages include mental trauma, physical distress, medical bills, lost wages, and property damage.
Let’s take a look at the most common factors that impact your bicycle accident settlement worth.
- Negligence and Liability
It’s crucial to determine who is at fault in a bicycle accident, as it influences the settlement worth. When a cyclist is fully or partially at fault in an accident, the liable party’s insurer may reduce the compensation owed or deny the claim altogether. In case the negligent party is clearly at fault, the settlement value is likely to be high. The bicycle accident attorney can claim the maximum settlement cost only when the liability of the at-fault party is evident without any doubt.
- Extent of Injuries
Another major factor that determines the worth of a bicycle accident’s settlement is the severity of injuries. Serious injuries such as traumatic brain injuries, broken bones, and spinal cord damage cause extreme pain and suffering. Victims with these injuries take a long time to recover. Medical expenses are also high. The rising medical bills, rehabilitation costs, physical pain and suffering, emotional distress, loss of ability to work, and income add to the total settlement worth.
- Evidence and Documents
The clarity and efficiency with which documentation and evidence are collected after a bicycle accident influence the compensation amount. The documents include police reports, medical records, witness statements, photos, and videos of the scene. These proofs and evidence help build a robust case. Lack of sufficient evidence can adversely affect a claim. Inadequate proof can reduce the chances of a fair settlement.
- Economic Losses
Financial or economic losses include what’s quantifiable. The losses include medical costs, vehicle or property damage, loss of ability to work, and income, among others. The settlement cost is calculated based on the direct financial expenses. Our bicycle accident attorneys at Injury Assistance Law Firm document the losses and costs to calculate the economic damages and claim compensation against the total amount. The direct economic losses maximize the total settlement value.
- Non-economic Losses
Non-economic losses are not direct monetary losses. These losses are more subjective. These include physical pain, mental trauma, emotional distress, loss of quality of life, loss of enjoyment and pleasure, loss of companionship, loss of inheritance, which are difficult to qualify. These losses can substantially add to the settlement value. Victims deserve a higher compensation amount in case the injuries leave long-term or permanent effects on their lives.
- Expertise and Experience of your Attorney
The representation skill of your bicycle accident attorney has a strong impact on the accident settlement amount. A seasoned lawyer with years of experience provides you with sharp legal representation. Our attorneys efficiently negotiate with insurance companies to obtain the maximum amount. The legal professionals collect all available evidence and documents and fight for the highest possible settlement amount. On the opposite side, when your attorney doesn’t have enough experience in representing personal injury victims, it may result in a lower settlement amount.
Vital Legal Considerations in Bicycle Accident Claims
Apart from the core factors that influence a bicycle accident settlement claim, an experienced attorney considers several vital legal aspects and Florida bicycle accident laws. These key considerations influence a case’s outcome.
- Florida Statute of Limitations
According to the Florida Statute of Limitations, a bicycle accident victim must file the claim within the given timeline of 2 years. In case the claim is not filed within this timeline, the victim’s party may not be eligible to file a claim and seek compensation. After you have been involved in a bicycle accident, you must be aware of the deadline to preserve your personal injury rights. For this, you need an expert bicycle accident attorney by your side for the right legal guidance.
- Comparative Negligence
The State of Florida has a set of rules and regulations on how an injured victim’s negligence can affect the compensation claim. States that follow the law of comparative negligence deduct an amount from the victim’s compensation proportionate to the victim’s fault and negligence. The law doesn’t deny the victim compensation, but it decreases the amount if the victim also shares liability in the accident.
- Traffic Laws
Cyclists must adhere to the traffic law, same as motor vehicles. If the cyclist is found to violate the traffic laws, it can negatively impact the claim. It may weaken the case and lower the settlement value. If the cyclist suffers injuries even after complying with traffic laws, the attorneys can help them build a strong case.
- Helmet Laws
Helmet law is one of the key factors in determining the victim’s settlement amount. Whether the cyclist was wearing a helmet at the time of the accident has an impact on the case. If the cyclist did not have a helmet at the time of the crash, the defence’s lawyer may argue that the injuries could have been less severe or avoided if the rider had helmet protection. It can visibly bring down the settlement amount. The case considers the personal injury laws of Florida and provides specific details about the accident.
- Uninsured or Underinsured coverage
When the at-fault driver is uninsured or underinsured, the cyclist must recover their damages from their own uninsured and underinsured motorist coverage. The victim needs to understand how the coverage works and how to file a claim. At this juncture, the victim’s party needs to have an Expert bicycle accident lawyer to better understand insurance coverage and fight for it confidently.
Each of the legal considerations leaves a deeper impact on your bicycle accident claim. Our bicycle accident attorneys are well-versed in handling the legal processes efficiently on your behalf.
Steps to Take After a Bicycle Accident to Strengthen Your Claim
After you have been injured in a bicycle crash, as a bicyclist, you need to take a few steps to strengthen your accident claim. The victims need to know what they should do immediately after the accident to preserve their personal injury rights.
- Call 911
Call the police and wait for the emergency services to arrive. The professionals investigate the scene and create an accident report with vital and neutral information. The information will be used in bicycle accident lawsuits and settlement negotiations. Law enforcement officials examine the scene to determine whether other factors may have contributed to the accident.
- Seek Medical Assistance
After a bicycle accident, even if you feel you have not been injured, seek medical attention instantly. You may suffer internal injuries whose symptoms don’t surface immediately. A medical checkup helps detect injuries and document them to increase the value of your bicycle accident claim. Moreover, early identification of all injuries leads to a faster recovery. In case you don’t receive prescribed medical treatment on time, your injuries will deteriorate. It can also negatively impact your case value.
- Document the Scene
If you can, write down every detail about the accident, including the information like –
- Time and place of accident
- Traffic, road, and weather conditions
- Number of parties involved
If possible, click some images. Take photographs of the vehicle that hit you, the license plate, the number plate, your injuries, and your bicycle damage. If you can, exchange contact information with the other driver. Take the other vehicle’s driver’s insurance information.
- Don’t Accept Any Offer from the Motorist
In some cases, the motorists or motorcyclists offer instant compensation to the cyclists. The intent is to close the matter immediately. After an accident, even if you feel responsible for the case, don’t accept any settlement offers from the at-fault party, as it may affect your bicycle accident claim. You don’t know yet to what extent you have suffered the losses. Therefore, accepting compensation then and there can hinder you from filing a claim later.
How Our Bicycle Accident Attorneys Help You
If you have been injured in a bicycle accident in Florida without your fault, you can claim for compensation for the losses you have suffered. Our attorneys understand the physical and mental distress and financial crunch that an accident may cause. We work hard to ensure you get the justice you deserve.
In a personal injury case, our attorneys do –
- Gather evidence to support your case and determine the value of your losses.
- Identify the liable parties and assess the liability.
- Communicate with all involved parties and professionals.
- Protect your personal injury rights as per the Florida Statutes of Limitations.
- Proceed to trial if the settlement can’t be negotiated outside of court.
Our bicycle accident attorneys support you throughout the case, as required by Florida Statutes. In our contingency fee policy, you will pay your attorney only if you win the case. If you do not win the case, we won’t charge you a single penny.
Recover Compensation With Our Bicycle Accident Attorney
A bicycle accident can devastate the victim on a mental, physical, and financial level. If you or a loved one has suffered a bicycle accident injury, connect with Injury Assistance Law Firm. Our team of experienced bicycle accident attorneys fights for your rights. We offer each of our clients personal attention and compassionate treatment. You are not just a case number to us; your rights are our priority. Since years, we have been fighting for the injured victims’ and their families’ personal injury rights. We may not bring you back all that you have lost, but we can definitely get you a fair settlement to compensate for all your losses. Allow us to shoulder your legal deal while you focus on recovery.