Articles Tagged with bicycle accident

Florida Bicycle Accident Injuries.001Florida is a state that is filled year round with bicycle rides and cyclists of all ages and skill levels.  During any given trip by a driver of a motor vehicle – long or short, there is a high probability that you will pass or see a bicyclist on or near the roadway. It is vital that all drivers slow down near bicyclists and treat each bicyclist with due respect.  Let’s face it – a bicyclist / bicycle is no match (weight, force, and speed) for any motor vehicle out on the roads.   Distracted driving is an ongoing problem in the State of Florida.  Drivers are unfortunately and tragically paying more attention to their phone, text messages, and e-mails than other drivers, pedestrians, and, yes, bicyclist on or near the roads, highways, and streets.
Florida has adopted a comparative fault set of laws applicable to automobile accidents, trucking accidents, bicycle accidents, and pedestrian accidents.  In other words, in order to pursue a case for compensation for personal injuries, the injured bicyclist can be partially at fault for the accident or incident.  In representing an injured bicyclist, it is preferable if the driver is 100 % at fault; however, there may be circumstances where the bicyclist is partially at fault. There also can be situations in which two or more drivers may be at fault for a bicycle accident leading to personal injuries.
It should be noted that under Florida Statutes a bicyclist is given the same rights as a pedestrian under many situations.  As such, drivers should keep the law in mind as well the safety of all bicyclists and pedestrians in mind when operating a motor vehicle in the State of Florida.  It should also be noted that Florida has adopted a Dangerous Instrumentality Law as it applies to automobile accidents and bicycle accidents.  As such, the registered owner of a motor vehicle is liable for the negligence of a permissive driver even if the owner did nothing wrong OR was not even present at the time of the incident or crash leading to the personal injuries of the bicyclist.

Red Bicycle.001In the State of Florida, a bicycle can be operated on a street, sidewalk, and crosswalk.   Pursuant to Section 316.2065 (9), Florida Statutes – Bicycle Regulations:

316.2065 (9) A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances.

As such, a bicyclist is essentially considered a pedestrian when operating a bicycle on a sidewalk and crosswalk. It is important for all drivers to be on the look out for bicyclists in the community whether the bicyclist / cyclist is a toddler, child, teen, adult, or competitive cyclist of any age. Florida weather permits bicycle riding year round.  As such, drivers should always be on the lookout for cyclist at all times.  Unfortunately, far too many bicyclist are injured every year due to the negligent driving of others and / or distracted driving of others.

Bicycle Injury Rider.001In the State of Florida and other states, bicyclists are put at risk for personal injuries.  From the simple bicycle ride of a child to a more rigorous bicycle ride by an experienced cyclist, an injury, accident, or crash could take place at any place and time.  Some bicycle injuries are quite minor in the form of a scared knee or elbow that heal quickly; however, other bicycle accident related injuries can be quite significant and change the life of the injured cyclist.  Tragically, far too many cyclists from toddlers to elementary school age children to teens to adults to seniors die every year due to the negligent driving of an operator of passenger vehicle or commercial vehicle.  Any time that a driver gets behind the wheel of a vehicle, the driver should keep in mind that on any given trip there will be pedestrians, cyclists (bicycles), and bikers (motorcycles) on the roadway.  There is a common expression or theme out there – Look Twice for Motorcycles.  This simple but powerful advice applies the same and even more to pedestrians and cyclists especially those who are children.
When a cyclist is injured or a cyclist dies as a result of the fault of a driver, the cyclist and the family of the cyclist can seek compensation for the damages (personal and property) caused by the bicycle accident  Most states have adopted a comparative fault form of liability for bicycle accidents.  In other words, even if the cyclist was partially at fault, an injury claim or case can still be pursued on behalf of the injured cyclist and / or the family of the injured cyclist.  It should be pointed out that each claim or case involving a bicycle accident or injury should be evaluated on its own merits, facts, and circumstances. It is important that the injured cyclist and family retain the services of an experienced Personal Injury Attorney to review the facts, circumstances, insurance coverages, medical bills, and medical records to determine the recommended practical and legal courses of action.
A police report detailing the details of the bicycle accident can be helpful as part of the investigation; however, it should be noted that a case or claim can be pursued on behalf of an injured bicyclist even without a bicycle accident report and even without a favorable bicycle accident report. In other words, if the police officer places some or all of the fault for a bicycle accident on the injured cyclist, a civil claim or case can still be pursued on behalf of the injured cyclist. In most instances, the police officer, deputy sheriff, and / or highway patrol trooper arrive on the scene after the bicycle accident has already taken place.  As such, the police officer is merely assessing the information as he or she processed it at the time of the crash.  In most jurisdiction, for purposes of a bicycle accident, the police officer is not given the role of insurance adjuster, judge, or jury.  In other words, the conclusions and evaluations of the police officer are not completely dispositive of a claim or case on behalf of an injured cyclist.

Red Bicycle.001In Florida, there is a common risk or danger in most communities. Children ride bicycles in most communities.  This is the common risk and danger.  It is well known or should be well known that children lack good safety awareness.  Furthermore, the motor skills of small children are still developing when the children especially when the children are in pre-school and elementary school.  Because of the risks of bicycle riding, it is important for all motorist to slow down any time that a driver is near a child riding a bicycle.  Children enjoy riding bicycles in neighborhoods, parking lots, driveways and elsewhere.
When a child is hit by a vehicle while riding a bicycle, the personal injuries can range from minor ones to significant personal injuries including the wrongful death of a child.  A child and bicycle are no match for the steel and weight of the typical motor vehicle.  When you combine the size differential with any amount of speed, the situation can easily escalate to one with horrific and catastrophic personal injuries.  
It should be noted that Florida is a comparative fault state.  As such, for a particular accident or incident, there can be a percentage distribution of fault attributed to the bicycle rider and driver.  It should also be noted that children under a certain age cannot be held comparatively at fault as a matter of law.  In the State of Florida, a child under the age of 6 years old cannot be held comparatively at fault; however, a parent or supervisor of the child may be help proportionally at fault for the lack of supervision of the child. 

bicycle tricycle purple on white background
In Middleburg, Florida and other Florida communities, there are bicyclists on and near the roads on a daily basis throughout the year.  All drivers should proceed with caution any time that a child is on or near the roadway as a bicyclist or a pedestrian.  When a child suffers serious personal injuries or dies as a result of a bicycle accident or incident, there are a number of issues that can be involved with the aftermath of such a tragedy.  In Florida, legal cases involving children are handled differently than legal cases on behalf of adults.   Because of this, it is important that a parent seek legal counsel from an experienced Florida Child Injury Lawyer.  Here are some of the issues or questions that arise when a child suffers injuries as a result of a bicycle accident:

Was the accident avoidable on the part of the driver?

Did the driver have the opportunity to see the child bicyclist prior to the bicycle accident?