Doral Bicycle Accident Lawyer

A: Because a bicyclist has far less protection in a crash, an accident is more likely to result in a bicyclist's death versus the vehicle driver. If a member of your family died from their injuries, our bicycle accident lawyer will:

• Explain the types of wrongful death damages you can receive. These could include recovering your loved one's funeral and burial costs. It could also include your loss of consortium, loss of companionship, and loss of your loved one's financial and household contributions to your family.
• Explain which family members qualify for wrongful death compensation. Those family members can include the decedent's spouse, children, and parents. The way familial relationships work in wrongful death cases is complicated. A lawyer can help you understand how your familial tie affects your right to damages recovery. 

You do not have to seek compensation alone, particularly as your family copes with an unexpected loss. Instead, our personal injury team will fight for the compensation you deserve.

A: Bicycle accidents most often happen because car drivers don't notice bicycle riders while on the road. A majority of all bicycle accidents occur in urban areas and nearly 50 percent occur between 6 and 12 p.m. According to the NHTSA, most bicycle riders do nothing wrong before their accident. In addition, most accidents involved one party failing to yield the right of way.

Therefore, one of the most common reasons for bicycle accidents is failing to yield the right of way. In many cases, a car driver may not notice a bicycle rider attempting to cross an intersection. Bicycles drive much slower than cars but still follow the same rules of the road. Sometimes, cars may attempt to cross a road or turn right when a bicycle rider is coming up to the same place, simply at a slower pace.

In addition, many accidents happen in the evening, suggesting that low vision is a problem in bicycle accidents. Sometimes drivers don't pay careful attention and may miss a bicycle in the dusk or dark of night. Another common cause of car accidents is distracted driving, which can also affect bicycle riders. Many drivers may be on their phones or talking to others and completely miss a bicycle rider nearby.

A: Bicycle riders in Doral have all the same rights as any driver on the road. Of course, bicycle riders have to obey all the same laws as any other driver as well. However, if a rider obeys all rules and suffers injuries because a driver of a car or other vehicle fails to obey the laws, a bicycle rider has all rights to pursue compensation.

Motor vehicle drivers must share the road with bicycle riders. They must allow bicycle riders to use the full lane of traffic if it is necessary for a rider to do so. They must also watch for bicyclists and yield right of way in most situations.

If you are in a bicycle accident, you have the right to claim that the accident was not your fault and that you deserve compensation from the driver who caused you to crash. Any driver who causes you harm should be held responsible for their mistakes.

A: In some cases, a Doral driver may not hit a bicyclist yet still cause an accident. For example, a car may pull into your lane and cause you to swerve and crash into a sidewalk or another object, resulting in severe injuries. In this case, even though the driver didn't touch you, you can hold them responsible for what happened. They still caused you injury by moving into your lane and driving carelessly.

A: It can be challenging to prove fault in an accident. One of the most important parts of proving any claim is finding eyewitnesses.

To prove who is at fault in your accident, you will need to meet the four criteria of proving a personal injury claim:

• Prove that the defendant owed you a duty of care. Considering the laws regarding the road for both bicycle riders and car drivers, it's pretty plain that drivers and riders owe each other a duty to avoid collision and injury.
• Prove that the defendant breached their duty of care. You will need evidence that the defendant broke the law in some way and failed to protect you.
• Prove that the defendant's breach caused the accident. It is necessary to establish that the accident was the result of the defendant's neglect of their duty.
• Prove that the accident caused serious injury. You will need proof that the accident caused you serious injuries, financial loss, and other severe consequences that wouldn't have occurred otherwise.

To prove these four criteria, you will need plenty of evidence, such as:

• Medical bills and records to show the injuries you sustained.
• A police report, if one was filed, to help you prove who was at fault and how the accident occurred.
• Eyewitness statements to prove how the accident happened and point out details that you may have missed.
• Documentation of lost income and wages if you had to take time off work or quit your job to recover after your accident.
• Expert testimony. Though not always necessary, it can help to have expert testimony from someone who can reconstruct the accident and show how fast drivers were going and examine other important road conditions.

In a bicycle accident case, hire a lawyer to collect evidence and build your case. Lawyers have access to experts and know how to gather evidence that other people can't find. A lawyer is one of the most important pieces of proving who is at fault in your accident.

A: After a serious bicycle accident, it can be extremely hard to pay for medical bills. You probably suffered from many painful and serious injuries and have had to go through a lot of treatment to start feeling better.

However, you probably didn't have tons of money saved up for such unexpected medical expenses. How do you pay for them?

The law does its best to protect people involved in accidents. In most states, including Florida, drivers need insurance to drive a car. They must carry at least $10,000 in personal injury protection and $10,000 in property damage liability. Personal injury protection is intended to pay for injuries caused to others if a driver causes an accident. However, sometimes this insurance can't cover every injury you suffer.

Your own insurance may help you with some bills, but you will still have to pay for your part according to the deductible of your insurance agreement. The best way to pay for medical bills after your accident is to file a claim.

Bicycle accident claims can help you recover damages from someone responsible for your injury. Florida Statutes § 768.81 allows victims to seek compensation from anyone fully or partially responsible for your accident. All you have to do is prove that they caused your injuries and should be responsible for paying for them. Then, your case will resolve either with a negotiated settlement with an insurance company or the judgment of a court.

A: A bicycle accident claim is a personal injury claim. That means you can collect any of the typical damages you might receive in a personal injury case.

There are two main types of damages: economic and non-economic.

The most common damages you may collect in any bicycle accident claim include:

• Medical expenses. These may include both present expenses and future expenses you may incur: emergency room visits, surgeries, ongoing therapy or medications, etc.
• Property damage expenses. If your bicycle and any other property were damaged in the accident, you can add the expense of fixing or replacing them to your claim.
• Lost income. This might include income you lost immediately after an accident when you took time off work as well as any potential loss of earning capacity if you find you are unable to return to work in the same job or position due to your injuries.
• Pain and suffering. This broad category covers the physical pain and suffering you go through because of your injuries.
• Emotional distress. Any emotional suffering and potential PTSD can be covered as non-economic damage.
• Loss of life enjoyment. Many serious injuries after accidents lead to the injured parties being unable to return to activities they used to love. If your life enjoyment is seriously diminished by your injuries, you can claim that loss in your case.
• Loss of consortium. In some situations, you may lose a relationship due to the stress of your injuries and expenses after an accident.

Depending on the circumstances of your accident, you may be eligible for other types of damages. Always talk to a bicycle accident lawyer when calculating the damages you seek to recover. While the worth of your claim will vary depending on the circumstances, your lawyer will know how to calculate an approximate amount and help you win your claim.

A: There are many steps to a bicycle accident claim. Most claims take several months or even years to complete, so you should get started as soon as possible to meet the four-year deadline set by Florida Statutes § 95.11.

Here are the steps in a typical personal injury case:

• You will get in touch with a lawyer to discuss your case and what you might be able to win in a personal injury claim.
• Your lawyer will gather some evidence in your claim and prepare the initial complaint against the defendant.
• The defendant has a certain time to respond with either a rebuttal of your claim or a settlement offer.
• After receiving the response, your lawyers and the defendant's lawyers will begin the discovery process. They will gather all the evidence from eyewitnesses, medical records, and police reports that they need. They will take depositions of witnesses and involved parties and send out interrogatories (written questionnaires) to each important party. They will share evidence until each side has the strong claim they want.
• Both sides will likely enter into negotiations to see if they can reach a settlement that satisfies both parties. If nothing comes of negotiations, the case will go to court.
• In court, a judge and jury will hear the case and determine the final settlement for you.

A: Failing to understand or comply with the statute of limitations could put your opportunity to file your lawsuit at risk. If you miss the deadline, you might have no legal avenue to compel the at-fault party to compensate you. 

Even if you manage to file your lawsuit successfully, the at-fault party or their legal or insurance representative will point out the filing error and request an immediate dismissal of your case. Unfortunately, the judge will likely grant their request, leaving you no way to seek compensation. 

However, several factors could extend the filing deadline. Because many bicycle accidents involve children, their age at the time of the collision could work in your favor. Conversely, if your accident involved a municipal vehicle, you could have additional deadlines to meet, including specific notifications you must make. Determining the statutory timeline can be complex and confusing, but one of our attorneys can review your case and ensure compliance.

A: At first, you may be reluctant to hire an attorney to help you with your claim. However, you need an attorney who will work to win your case.

Bicycle accident injury attorneys can help you in several areas. They will help you calculate the damages you deserve and build a strong case. While you may feel tempted to settle for the first offer an insurance company makes, your lawyers will help you keep fighting until you can get the bigger and better settlement that you deserve.

Bicycle injury lawyers in Doral can also help relieve your stress by supporting you as you seek medical attention, transportation, and recovery. They can deal with the negotiations for you to take that added stress off your shoulders.

If you are dealing with a serious bicycle accident in Doral and the fallout from your injuries, you don't have to go through it alone. Reach out to a personal injury lawyer who can help you build your case and get started on the road to recovery.

A: If you suffered injuries or your bike sustained damage in an accident, the negligent driver is responsible for compensating you. However, the driver might claim you did something to contribute to the accident. As a result, their insurance provider may assert the state's contributory fault law, which could limit your financial recovery. 

If the driver can prove you played any part in the collision, your damages could be reduced by a corresponding percentage. For example, the driver might allege:

• You should have known they were about to turn
• You veered outside a designated bicycle lane 
• You disobeyed a traffic sign or signal

A personal injury lawyer can help you gather evidence that disproves any negligence on your part and protects your right to total compensation.