Although they’re sometimes looked upon as being relatively harmless, bicycle crashes can cause serious injuries to the rider. Florida’s laws regarding bikes are designed to protect riders, ensuring that those injured in a crash can receive the compensation they need to recover. To begin with, it’s important to understand that the person driving the vehicle or other type of conveyance that causes the accident, is considered at fault for the incident. Common causes of these types of accidents include things like distracted driving, speeding, dooring, failure to yield, and drunk driving. When it comes to bicycle crashes, there’s often a problem with visibility for the driver of the vehicle, which can make these incidents more likely to happen.
If it’s determined that the cyclist is partially at fault, their compensation claim may be reduced by a percentage of their total damages. Since we live in a state where “pure comparative negligence” exists, it’s important to understand how the law works and what you may be able to do if you’ve been involved in an accident as a cyclist.
State Laws on Liability
According to the bike accident attorneys at Kogan & DiSalvo in Stuart, FL, the law in the state of Florida allows the victim of a bike accident to recover compensation from the person responsible for their injuries, even if they contributed to the fault. Essentially, this means that someone who is partially at fault for an injury-causing accident could still receive damages if the defendant was more at fault. Contrary to what many people think, the law does not follow a “shared fault” model, where two parties are equally responsible. Instead, any responsibility would be distributed according to who was more at fault. For example, if the driver is found 70% liable for causing the accident, and you were 30% at fault for being in the wrong place at the wrong time, you would still be able to recover 70% of your injuries and damages.
Filing A Lawsuit
As a cyclist, you have rights when it comes to recovering damages after such an incident. To ensure that you’re fairly compensated for your injuries, you’ll need to take steps such as documenting the scene, collecting evidence, and filing a lawsuit. If you have any questions about your rights and responsibilities as a cyclist, it may be helpful to speak with an attorney who specializes in related cases. If you’re successful in filing a lawsuit, it’s important to remember that your compensation will depend on the severity of your injuries, among other factors. With the right legal guidance, however, you can help ensure that you’re reimbursed for any damages associated with your accident.
Cycling can be a fun and healthy activity, but it does come with certain risks. In Florida, you may be able to recover compensation for your injuries, even if you were partially at fault. If you’ve been injured in such an accident, it’s important to understand your rights under the law and how to file a lawsuit for compensation. With the right legal guidance, you can help ensure that you’re justly compensated for any damages related to your accident.