People riding their bikes on and around public streets in Florida have all the same rights and responsibilities as motor vehicle drivers, and that means any bicyclist who gets hurt because a driver was careless or reckless around them may have grounds to file suit over their ensuing injuries. However, as anyone who has been injured in any type of traffic accident could tell you, knowing another driver is responsible for your injuries and holding them accountable in civil court are two different things.
When you are seriously injured while riding your bike because of another person’s misconduct, you should make contacting a Riverview bicycle accident lawyer at Distasio Law Firm one of your top priorities. With a tenacious personal injury attorney by your side, you could have far better chances of establishing fault for your injuries and recovering fair compensation for your losses without running into any procedural roadblocks.
Proving Someone Else Liable for a Bike Wreck
In addition to obeying traffic laws and paying attention to other vehicles near theirs, the “duty of care” imposed on all drivers on public roads in Florida also requires them to be aware of bicyclists around them, give them a reasonable amount of space when passing them, and generally give them the same consideration they would show to a motor vehicle driver. Anyone who “breaches” this duty and ends up recklessly, carelessly, or maliciously injuring a cyclist could be considered legally “negligent” and held financially liable for the rider’s injuries and subsequent losses.
However, courts will not automatically assume that a motor vehicle driver who collides with a bicyclist is “negligent” in this way, so the burden of proving negligence falls to the bicyclist seeking civil compensation. There are also some restrictions on when a bike rider can file suit after being hit by a negligent driver thanks to Florida’s “no-fault” approach to auto insurance and auto accident claims, as an experienced Riverview bike accident attorney like Scott Distasio could further explain.
Possible Obstacles to Effective Civil Recovery
Florida Statutes § 768.81 allows the court to assign you a percentage of fault for your accident based on negligent behavior that contributed to causing your injuries—for example, riding against the flow of traffic unlawfully or riding without a protective helmet. Then, the court can reduce the total compensation available through a favorable verdict in proportion to your share of the total fault.
Additionally, Fla. Stat. § 95.11 sets a filing deadline for virtually all personal injury claims—including those pursued against negligent drivers responsible for bike crashes—that expires four years after the injury in question first occurred. These are just two of the many ways Florida state law restricts the rights of personal injury plaintiffs, all of which a bicycle accident lawyer in Riverview could help you account for and navigate during your unique claim.
Enlist the Help of a Riverview Bicycle Accident Attorney
Riding a bicycle should not be a dangerous pursuit, but it, unfortunately, becomes one for hundreds of Floridians each year due to the negligence of motor vehicle drivers around them. Fortunately, if you were hurt in a traffic collision while on your bike, you may have grounds to demand substantial compensation from the person responsible for harming you.
Help from a well-practiced Riverview bicycle accident lawyer at Distasio Law Firm could be essential to achieving a positive result from this kind of claim. Call today to discuss your options with one of our knowledgeable legal professionals.
