florida dominates in fatal bicycle accidents

Part of the beauty of living in the Sunshine State is being able to enjoy the incredible climate. A lot of the time, this translates to a population of cyclists that grows each year. As a result, this creates more activity on the road. And sadly, reports show that cyclists are far more likely to be killed in Florida than any other state. According to the National Highway Transportation Safety Administration (NHTSA), Florida has dominated the rankings of most dangerous cities for cyclists for years. This means bicycle accidents involving motorists are far too commonplace in civil court. Unfortunately, many of these cases include serious injury.

DID YOU KNOW: A report using data from the National Center for Statistics and Analysis states:

  • From 2007-2016, Florida had 6.2 deaths per 100,000 people
  • Florida’s per-capita cyclist death rate was almost 60% higher than the next closest state, which was 3.9 deaths for Louisiana

Thankfully, the experienced personal injury attorneys at lowercase know how to expertly address claims relating to bicycle accidents. If you or someone you know has been injured in a bicycle accident, call lowercase today at 833-LOW-FEE5 (833-569-3335) to speak with one of our personal injury lawyers and get guidance on the next steps.

cyclists rights by florida law

As with most cases involving automobile accidents, there are a number of factors that can cause negligent driving. The same is true when it comes to bicycle accidents. Some of the most common forms of driver negligence that are found in collisions with cyclists include:

  • Distracted driving, such as driving while texting
  • Drivers failure to yield the right-of-way to cyclists
  • Running stop signs

Part of the issue is that many drivers don’t have a full understand the protections for cyclists under Florida law. The language of Florida statute 316.2065 dictates:

“Every person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter, and except as to provisions of this chapter which by their nature can have no application.”

Granted, there are specific circumstances that warrant unique regulations, such as requirements for using a bicycle helmet for riders under 16-years-old. However, cyclists are generally entitled to rights as provided by the rules of the road. Despite many drivers failing to recognize bicycle lanes as equal to other traffic lanes, Florida law does. Yet many bicycle accidents take place due to driver negligence concerning how right-of-way applies to bike lanes. Anyone who suffers a serious injury as a result of driver negligence should contact a personal injury lawyer immediately. Even if you don’t know how Florida law protects cyclist rights, a legal professional can help you find the best path to justice.

what to do next after an accident

Believe it or not, injuries related to bicycle accidents are often some of the most serious. Even seemingly minor impacts can lead to fatal injuries or traumatic brain injury. The danger is very real for those traveling on two wheels. Needless to say, it can be a traumatic experience for a cyclist involved in a car accident. In the moment, your immediate safety takes priority. However, you still want to be able to do whatever you can to ensure the facts of the incident are well documented. That is why lowercase has developed a system to help you remember the right steps to take to protect yourself. If you are a cyclist involved in a collision with a motorist, follow these NEXT steps:

lowercase law: NEXT steps graphic

how negligence and per se apply to cyclists

Every driver has a basic duty to public safety that they owe to anyone else on the road. When a driver disregards that duty, this can be considered negligence, or even recklessness. Typically, bicycle accidents involving automobiles fall into one of two categories.

negligence

In order to prove that a driver is responsible for a cyclist's injuries due to negligence, the plaintiff must be able to present evidence. This includes eyewitness accounts, testimony and police reports. This is what makes those NEXT steps after a bicycle accident so important.

negligence per se

In cases of negligence per se, the driver would be in violation of a statute specifically designed to protect the public safety. For example, if a motorist is speeding, a cyclist is considered to be a member of the class of persons the speed limit was established to protect. Therefore, the driver’s violation can be considered the proximate cause of the plaintiff's injury. From here, it becomes the driver’s responsibility to prove they were not the cause of the victim’s injuries.

Even when other factors contribute to bicycle accidents, the victims are often still eligible to receive compensation. Thus, you may pursue damages either from the driver’s insurance policy or in a court of law. Having professional legal guidance may help you receive the compensation you didn’t even know you were entitled to.

why a lowercase personal injury lawyer

In a lawsuit alleging driver negligence, it is often up to the cyclist to provide evidence that the defendant was in violation of public safety statutes. Most car accident lawsuits come down to the details of the individual case and facts that are available. Therefore, the ability to gather eyewitness testimony and other evidence is often paramount to a successful negligence case.

When it comes to bicycle accidents in South Florida, the law can be complicated. Insurance providers will often do all they can to avoid liability. Therefore, if you are unfamiliar with the protections and legal standards in place, you might not know how to properly pursue the damages you deserve. Thankfully, having a lowercase personal injury lawyer on your side can make all the difference.  Our skilled legal team understands that in Florida, cyclists have the same rights to use the road as motorists. We know how to work with the courts on your behalf to make sure these rights are respected. If you or a loved one have been the victim of a bike accident, we encourage you to seek experienced legal guidance right away.

call us today

A lowercase injury lawyer will provide you with legal guidance and experienced litigation so that you can receive the compensation you are entitled to. Call us today at 833-LOW-FEE5 (833-569-3335).

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south florida:

  • • Aventura, FL
  • • Boca Raton, FL
  • • Boynton Beach, FL
  • • Coconut Grove, FL
  • • Coral Gables, FL
  • • Davie, FL
  • • Delray Beach, FL
  • • Doral, FL
  • • Fort Lauderdale, FL
  • • Fort Myers, FL
  • • Hialeah, FL
  • • Hollywood, FL
  • • Homestead, FL
  • • Kendall, FL
  • • Key Largo, FL
  • • Key West, FL
  • • Miami, FL
  • • Miami Beach, FL
  • • Naples, FL
  • • Palm Beach, FL
  • • Pembroke Pines, FL
  • • Pompano Beach, FL
  • • Sunrise, FL
  • • West Palm Beach, FL
  • • Weston, FL

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