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Cycling Accidents FAQs

October 25, 2024 – Michael S. Herman, Jr., Esq.

Frequently Asked Questions About Cycling Accidents in Florida

What should I do immediately after a cycling accident in Florida?

After a cycling accident in Florida, you should ensure safety by moving to a safe area and seeking medical attention for any injuries. Next, be sure to also document the scene, exchange information with the driver involved, and report the accident. Then contact an experienced Florida cycling accident lawyer.

How is negligence proved in a cycling accident case in Florida?

In Florida, fault in a bike accident is typically determined by proving negligence, which means showing that the other party failed to behave with a reasonable level of care. This could involve proving that the driver violated traffic laws, was driving while distracted, or was under the influence of alcohol or drugs. An experienced bicycling accident attorney can assess your case and help you pursue a strategy to demonstrate the other party’s negligence through an injury claim.

Is there a time limit for filing a cycling accident claim in Florida?

In Florida, the statute of limitations for filing a personal injury claim, including a cycling accident, is generally two years from the date of the accident.

Does a cyclist at fault in an accident have the right to seek compensation in Florida?

Even if a cyclist is partially at fault, they may still seek compensation. In Florida, modified comparative negligence allows for assigning fault proportionally between parties involved in a cycling accident — which means your potential compensation would be reduced by your percentage of fault. However, someone determined to be over 50% at fault for an accident would not be eligible for potential compensation in Florida.

How can a personal injury attorney help with a cycling accident claim?

A personal injury attorney can assist in gathering evidence, negotiating with insurance companies, calculating damages, and representing the cyclist’s best interests to pursue fair compensation for their injuries.

Are there specific laws in Florida regarding cycling safety?

Generally speaking, bicycles are considered vehicles when on the road, and users have the same rights and responsibilities as all others, with some exceptions. Florida’s Traffic Laws include Bicycle Regulations that protect and promote cycling safety.

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