Cycling is a year-round activity in Florida thanks to the state’s beautiful weather and pathways along scenic beaches and parks. Unfortunately, accidents are a genuine concern for cyclists when navigating Florida’s busy roads in heavily populated areas like Sarasota and other parts of Tampa. Under the state’s negligence laws, Florida offers protection to injured cyclists through compensation.
When you are injured in an accident on your bike, calling our trusted trial attorneys for help could ensure your case’s success. Our experienced Sarasota bicycle accident lawyers will help you build a comprehensive case to ensure you get the compensation you deserve while holding the at-fault party accountable.
Many bicycle accidents result from another party’s failure to follow traffic laws and act reasonably around cyclists. This could be the actions of a driver in a motor vehicle, another cyclist, or pedestrians. Examples of negligent actions could include the following:
Injuries resulting from a bicycle accident are often much worse for cyclists than drivers because they lack the physical protection that motor vehicles offer. Often, cyclists experience direct contact with the motor vehicle and the road, meaning they can suffer from severe scrapes, broken bones, brain or spine trauma, and internal organ damage.
These injuries can be permanent and, in some cases, life-threatening. After an injury of this nature, legal action against at-fault drivers or other parties could be necessary to provide the injured person with financial relief. Documenting the evidence of both the at fault drivers fault and the extent of your injuries is important in order to prove to your jury the full value of your damages. Our Dannheisser Injury Law Sarasota attorneys and investigators will help find and document your evidence so that your jury will understand the full value of your losses and damages.
Florida allows people injured in bicycle accidents and other collisions to recover compensatory and punitive damages against liable parties. Available compensatory damages will depend on the injured person’s economic and noneconomic damages. These damages include compensation for past and future medical costs and wage losses as well as pain, suffering, disfigurement and loss of your capacity for the enjoyment of life.
Florida generally caps punitive damages at of three times the compensatory damages, or $500,000; however, the amount could be greater in some instances, such as those involving an intoxicated driver. A skilled lawyer in Sarasota could identify the injured person’s damages resulting from a bike wreck, ensuring every loss is accounted for.
Florida has a short, two-year statute of limitations under Statute 95.11(4)(a) for a person injured in a Sarasota bicycle accident to file a civil action for negligence. The period generally begins on the date of the accident. A two-year filing deadline also applies to bicycle accidents that result in wrongful death under Statute 95.11(4)(e).
A potential concern for injured bicyclists is the consequence of Florida’s comparative negligence rule 768.81, which applies in cases where the plaintiff is partially responsible for their own injuries. This rule says that if the plaintiff is partially responsible for their injuries, the court could reduce their financial award by their percentage of fault.
The state of Florida has reformed tort litigation to follow the comparative negligence model. Under the comparative negligence model, if a jury finds that you are more than 50% at fault for an accident, you are unable to recover any monetary damages. If your jury finds that you are less than 50% at fault, the court will reduce your total recovery by your percentage of fault (so long as it is below 50%.) Examples of comparative fault could include failing to wear a helmet or failing to follow important traffic laws that apply to bicycling.
A hardworking Sarasota bike accident attorney at Dannheisser Injury Law is ready to prove that you are not more than 50% at fault for your bicycle collision.
A Sarasota bicycle accident lawyer could help you or an injured family member by reviewing the details of your case for potential claims against liable parties. They could also help your case by defending against comparative negligence claims, identifying all compensable damages, and following necessary procedures like Florida’s statute of limitations.
Our experienced bicycle accident lawyers serve to support your case from start to finish with a commitment to 24/7 availability. Call us today to speak with our committed legal team members.
