Bonita Springs Bicycle Accident Lawyer
Any time a bicyclist is hit by a car or any other vehicle, they will sustain some of the most severe injuries. These injuries leave cyclists with immense pain, medical bills that quickly pile up, and they are often not able to return to work for some time. If you have been injured while on your bike, you may be able to file a claim for financial compensation, depending on the facts of your case. Our Bonita Springs bicycle accident lawyer can offer the legal advice you need so you obtain the full compensation you deserve.
Auto Insurance and Bicycle Accidents
Bicycles are defined as vehicles under Florida law. As such, if you are hurt while on your bike, you must first file a claim with your own auto insurance company if you have this type of policy. Auto insurance in Florida is no-fault, so you will not have to prove someone else was to blame for your crash when filing with your own insurer.
Even if you have your own auto insurance, you may have to file a lawsuit directly against the negligent party if you exceed the policy’s limits. You can also file a lawsuit against the liable party if you do not have your own auto insurance policy. When filing a lawsuit, the burden of proof is on you to establish that another person’s carelessness caused your injuries. However, you can also claim damages such as pain and suffering, which are not available through personal injury protection (PIP).
How to Determine Liability After a Bicycle Accident
As with most personal injury claims, those involving bicycle accidents rest on the legal theory of negligence. Negligence is a legal term that refers to the carelessness or recklessness of another person. When a person is negligent and it results in an accident, they can be held liable for paying damages. After any bicycle accident, it is critical that you gather evidence. Pictures and video footage from the scene, eyewitness statements, and your damaged bicycle are all very important pieces of evidence.
When filing a bicycle accident claim, you must establish four important elements of your case. These are as follows:
- The negligent party owed you a duty of care to act in a manner that would keep you safe,
- The duty of care was breached,
- The breach caused your accident, and
- You suffered damages, or losses, as a result.
While proving that the driver who crashed into you owed a duty of care is fairly straightforward, the other elements are difficult to prove. The insurance company may even argue that you are not as injured as you claim. A lawyer can prove your case and help you obtain the full settlement you deserve.
Our Bicycle Accident Lawyer in Bonita Springs Can Help You Claim Full Damages
If you have been injured during a crash, our Bonita Springs bicycle accident lawyer at Cardinal Law can prove your claim so you recover the maximum damages you justly deserve. Call us today at 239-610-0845 or chat with us online to request a free review of your case.
