When a bicyclist collides with a car, truck, bus, or ambulance, the results can cause catastrophic injuries. The cyclist is likely to suffer serious bodily injury and may even lose their life. At Distasio Law Firm in Tampa, FL, our bicycle accident lawyers are committed to providing Tampa clients with positive results in their personal injury claims and lawsuits resulting after being injured in a bicycle accident.
If you or someone you know has sustained a serious injury due to a bike crash, consider hiring a Tampa bicycle accident lawyer to fight for your legal interests and get the compensation you deserve.
As a bicycle accident victim, you may be eligible to take legal action against the person responsible for causing your injuries. One of our injury attorneys can speak with you more about your legal options during a free consultation today.
How Our Team Helps Bicycle Accident Victims Recover Damages
One of the first steps we will take as your legal team involves calculating the case value. We can review your damages based on the injuries and losses you suffered after colliding with a vehicle. Our goal is to hold the other party accountable for their negligence and encourage better safety on the roads for vulnerable bicyclists like you.
When assessing your damages, we will factor how severe your physical injuries are, but we also want to consider other forms of losses related to your injuries or the accident. Your compensation could include financial and non-financial losses since bicycle accident victims usually have both.
These damages can cover:
- Medical expenses: This includes bills for past, present, and ongoing health care you will need to treat your injuries.
- Pain and suffering: If your bicycle accident caused you severe physical, mental, or emotional pain, you could be awarded damages.
- Lost wages and benefits: You could be compensated for income or benefits you lost due to missing work because you had to heal from your accident. You also may be able to recover losses if you cannot return to work temporarily or permanently because of your injuries.
- Scarring and disfigurement: These damages would compensate you for any accident injuries that altered your physical appearance.
- Property damage: You could receive awards for repairing or replacing your bicycle and other equipment or items damaged in the accident.
Our Tampa cyclist injury lawyers may be able to help you uncover other damages you should receive. Each case is unique, and some may have additional expenses or losses not experienced by others in similar accidents. They are likely recoverable if we can document these damages and tie them to the accident or your injuries.
Recoverable Wrongful Death Damages
Unfortunately, bicycle accidents in Tampa can lead to their death due to the lack of protection bicyclists have against passenger vehicles and larger vehicles.. According to the Florida Highway Safety and Motor Vehicles (FLHSMV), 163 bicyclists passed away in bicycle accidents in 2020.
If you lost a loved one in a bike accident, please accept our condolences. We understand the emotional impact this can have on families. As you grieve, allow us to step in and manage your case so that you do not lose the opportunity to seek justice and hold the negligent driver accountable for your loved one’s death.
Certain family members could file for compensation on behalf of their loved one. We can determine if you are eligible to pursue damages under Florida law, as well as what kinds of awards you could request. If the case is successful, compensation can help you pay for:
- Final medical expenses of your loved one
- Funeral and burial costs
- Loss of financial support if your loved one contributed financially to the household
You could also recover intangible losses from losing your loved one, such as loss of companionship. Our experienced Tampa bike crash attorneys can explain how these damages work, their potential value, and who may be eligible during a free consultation with our team.
The Key to Determining the Value of Your Bicycle Accident Case Lies in Its Impact
It is common for bike accident victims in Tampa to want to know how much their settlement could be worth if they win their case. There is no one settlement amount to expect, as awards vary according to each case. However, it is important to know what factors determine the value and outcome of your case.
Your total award will be assessed based on:
- The total impact and cost of your injuries and losses: If your injuries are severe and require extensive medical care and recovery time, your compensation could be higher based on these factors.
- How the bicycle accident affected the quality of your life: Suppose the accident left you with injuries and losses that make it hard to carry out everyday activities or enjoy your life as you did before the accident. In that case, you may be able to seek a higher amount of compensation.
Our team wants to account for this significant change in your life. Physical or mental limitations could have forced you to give up hobbies you loved—such as riding your bike. The accident could have generally affected your ability to return to your regular lifestyle.
Reviewing and individually estimating the value of your damages serves as a way to show the overall impact the bicycle accident had on your life. As your legal team, our diligent Tampa bicycle collision attorneys want to fight for compensation that fairly reflects your pain and suffering and that may also cover future losses you might experience.
Work With a Lawyer From Our Firm To Get the “Distasio Personal Touch”
What makes our law firm different from other legal teams in Florida? We do not treat you as just another case for us to make money. We put your legal interests first because we understand you want the damages you suffered to be recognized. We fight for justice for our clients, seeking a financial recovery that compensates them for their economic and non-economic damages.
We Serve As Your Legal Advocate but Let You Make the Final Decisions
At Distasio Law Firm, we use our experience in personal injury to strategize our plan of action in each case we handle. Still, we also recognize that we do not control our clients and make decisions about their lives for them. Instead, we want to help you navigate the legal system in Florida so that your grievances can be heard and be given a fair trial.
The relationship between a lawyer and their client is built on trust. Every legal decision made is ultimately yours. We will:
- Answer every question you have
- Inform you of any changes in the case so you can make informed decisions
- Explain how the law applies to your case and any legal terms or concepts that are challenging to understand
- Take the necessary actions in your case based on the decisions you make
- Provide you with the necessary information to ensure you are comfortable making decisions about your case
We won’t take action without your permission, and you get to decide when to accept a settlement offer, when to file a lawsuit, and when to proceed to trial.
Our Team Will Take On the Responsibility of Building Your Accident Case
We understand that you are busy healing from a bike accident, which is why our committed Tampa lawyers want to offer to take on your case and manage it for you entirely. We will do everything we can to seek fair compensation for you and make the legal process manageable for you. Our clients often tell us that we reduced their stress and made this tough time easier for them.
Upon taking on your case, we will:
- Review your evidence and help gather additional evidence
- Determine the value of the case based on your damages
- Identify who is liable for the accident
- Communicate with involved parties, including the insurance company
- Negotiate for a fair settlement on your behalf
- Take the case to court if we are not able to reach an agreement with an insurer
- File your case within Florida’s filing statute deadlines
Our dedicated bike crash attorneys in Tampa will also manage daily communications for you, including emails, phone calls, and other contact from the at-fault party, insurance companies, and other interested parties.
This will give you time back in your schedule to take care of your needs. Our priority is protecting your rights to a fair and appropriate payout after a bicycle accident. We will also be there for you, guiding you along the way.
We Are Not Afraid To Take the Case to Court To Continue Your Legal Journey
In some cases, plaintiffs cannot negotiate a settlement with the insurance company and may have to consider taking their case to trial. While this might seem intimidating, our legal team at Distasio Law Firm is not afraid to take on this endeavor.
Our team has built a track record of success regarding personal injury cases. One of the highest verdicts we’ve won was for a client struck by a vehicle while riding his bicycle. In this Sarasota case:
- We challenged the defense’s investigation, which claimed that our client was riding in the opposite direction of traffic and successfully disproved incorrect claims.
- We established the amount of suffering our client endured after sustaining multiple fractures to the ribs, clavicle, and shoulder.
- We won $1.49 million for our client to cover his current and future damages.
Every case is different, and the outcome of this case was unusual because of the severe injuries suffered and the circumstances of the accident. If we can secure one on your behalf, your payout could look very different. However, this demonstrates how hard we fight for bicycle collision injury victims.
Our goal is to bring the same hard work ethic to your case and build an argument based on clear evidence. If the case needs to go to court, a lawyer from our team will support you and present the argument and supporting evidence.
Our Team Understands the Financial Status of Our Clients
Distasio Law Firm does not take any fees up front for the legal help we offer. We work with our clients on a contingency fee agreement. This means we start on your case and seek damages on your behalf at no initial cost. If we do not recover an insurance settlement or court award for you, then you do not pay us attorney’s fees at all. If we do recover money for you, our fees come from your settlement.
Our team reviews all agreements with our clients so we’re on the same page before we proceed with a case. This includes the percentage of your settlement or verdict that will constitute our attorney’s fees. We welcome any questions you may have and will address your concerns related to how you will pay for our advocacy and representation.
You Must Meet Florida’s Deadline for Filing Injury Cases
You generally have two years to pursue a bike injury case in Tampa, per Florida Statutes § 95.11 (3)(a). This same statute also outlines the timeline for wrongful death cases, which is two years, per Florida Statutes § 95.11 (4)(d).
Under some circumstances, you could have less time to start legal action. For example, this might occur if the at-fault party is a municipal agency. For this reason, we suggest getting started as soon as possible to learn what timeline applies in your case.
If you miss the deadline, you risk losing your opportunity to hold the liable party accountable and seek damages from them. Our proactive Tampa cyclist crash attorneys will file your case with the civil court on time to prevent this. We can speak more about any exceptions to the filing window that could add to or reduce the time you have to file your case.
Liability in Your Accident Can Vary and Could Involve More Than One Party
Determining who is responsible for your accident and injuries can also affect the case’s value. Sometimes, the liable party is the driver of a personal vehicle. However, other liable parties could be:
- A municipality responsible for keeping a road free of debris
- Pedestrians who share the roads and walkways with bicyclists and motorists
- A commercial truck driver
- A rideshare driver
If a commercial truck driver hits you, the liable party could be the company that hired the driver. Your case’s complexity and financial outcome could depend on who is found liable for your accident.
Our legal team will use our available resources to help you identify who may be named as a liable party in your case. We do not hold back when it comes to our clients, so we aim to investigate the accident thoroughly so that you may pursue compensation from the appropriate parties.
Comparative Negligence
Florida Statutes § 768.81 allows injured victims to seek damages, even if they were partly liable for causing the accident. However, your award would be reduced by the percentage of fault for your role in the accident.
If you become our client, we will show how the other party was responsible, but it is important to know that having some role in your accident doesn’t bar you from seeking damages. It can, however, significantly affect the value of your claim or lawsuit.
What Happens if Your Bicycle Accident Was a Hit-and-Run Accident?
If someone hit you while on your bicycle and left the scene, our Tampa attorneys can still help you recover compensation. We can help you seek financial recovery from your insurer if your policy includes uninsured or underinsured motorist coverage. If you were hit in this kind of accident, fill out a police report if you have not done so already.
Also, if you have any of the following, please let law enforcement officers know so that they can attempt to find the driver:
- Photos from the accident scene
- Statements from witnesses
- The driver’s license plate number
- A description of the driver
Surveillance video from a nearby residence or business may have captured your accident on tape. We can seek out that evidence and use it to establish your case.
Even if law enforcement did not identify the at-fault driver in your case, we could uncover evidence that does. We can then turn this over to the police and move forward with a fault-based claim.
Bike Accidents Often Involve Careless Motorists
When bicyclists are out on the road, they must adhere to similar traffic laws as motor vehicle drivers. These laws are in place to protect cyclists and other road users from danger. Just like bicyclists, motor vehicle drivers must follow traffic laws. These laws outline how a driver should act when encountering a cyclist and, when properly followed, decrease the chances of an accident occurring.
Unfortunately, all too often, motor vehicle drivers do not exercise proper caution when approaching bicyclists. There are many actions and behaviors that drivers partake in that could be classified as reckless when driving alongside, behind, or in front of cyclists.
What Constitutes Negligent Driving
Negligent driving behaviors such as speeding, failing to signal, turning in front of cyclists, and speeding out of alleys and driveways are the foremost causes of bicycle accidents in the United States. When drivers behave negligently, they put bicyclists at great risk of injury or death.
In almost any collision case, one party violated traffic laws. When this occurs and causes an accident, it is negligent driving.
Proving Negligence in Your Case
Promptly retaining a well-practiced Tampa attorney could help you keep valuable evidence in your bike collision case before it is destroyed or lost. Your attorney will need to prove negligence on the other party’s part to hold them liable for their actions, so you can recover fair financial compensation.
If we can prove the liable party owed you a duty of care but failed to meet it, causing the injuries that brought you damages, you likely have a case for negligence.
Call a Tampa Bicycle Accident Attorney Today for a Free Case Review
We are ready to learn how we can help you recover compensation for your bicycle accident. If you are in the Tampa, Florida, area, give Distasio Law Firm a call. Contact us to learn more about how a Tampa bicycle accident lawyer could help in your recovery.
If you’re looking for an accident lawyer call our offices in Tampa, Wesley Chapel, or Largo for a free consultation of your legal options today. NO fee until we win!