Fort Lauderdale Bicycle Accident Lawyer
Were you hurt in a Fort Lauderdale bicycle crash? You could be entitled to compensation under Florida law. Unfortunately, recovering that money could be challenging without the help of an experienced attorney.
At Rosen & Ohr, P.A., we understand what you’re going through. You shouldn’t have to argue with stubborn insurance companies while recovering from an injury and trying to cope with expensive medical bills, lost wages, and other expenses. Let us investigate the crash, determine liability, negotiate with insurers, and pursue maximum compensation for your bicycle accident injuries. Call now or complete our online contact form for a free consultation with a Fort Lauderdale bicycle accident attorney.
Do I Have a Valid Bicycle Accident Claim in Fort Lauderdale?
To pursue a bicycle accident claim in Fort Lauderdale, you need to show that someone else acted negligently by failing to take reasonable precautions to avoid injuring you. For example, a driver may have broken a traffic law, such as engaging in distracted driving or failing to yield the right-of-way when required.
You also need evidence that their actions directly caused your injuries. Medical records, police reports, witness statements, and surveillance footage may play a key role in proving your case.
You should know that Florida law generally limits your time to file a lawsuit to two years from the date of the injury. Certain exceptions apply that can shorten the deadline, such as if you plan to sue a state or local government agency. A Fort Lauderdale bike accident attorney can review your situation and explain your options to pursue compensation for your injuries.
What Compensation Can I Get for My Fort Lauderdale Bike Accident?
If you were hit by a car while riding your bike, your Florida auto insurance policy — if you have one — is your first option for recovering compensation after a bicycle accident. Your no-fault insurance benefits can help pay for a percentage of your medical bills and lost income while you heal. If you don’t drive or have a household member who carries PIP coverage, you may be entitled to file an insurance claim against the negligent driver’s insurer if your damages exceed PIP policy limits.
However, no-fault insurance benefits are limited. If your accident-related losses exceed the available coverage and you suffered serious injuries as defined by Florida law, you may be able to step outside the no-fault system and seek additional compensation from the at-fault driver for:
- Current and future medical expenses
- Lost income
- Reduced earning capacity
- Pain and suffering
- Emotional distress
Frequently Asked Questions About Fort Lauderdale Bicycle Accidents
As Fort Lauderdale bicycle accident lawyers, part of our role is to guide injured cyclists through the legal process and make complex terms and concepts easy to understand. Here are the answers to some common questions we receive from bicycle accident victims:
What if the driver claims I wasn’t following traffic laws?
Drivers often argue that cyclists caused a crash by ignoring traffic rules. You need clear evidence to counter these statements. Police reports, traffic camera footage, forensic accident analysis, and witness statements can support your account of events and demonstrate how the accident happened.
Even if the driver claims you broke the law, the facts of the case determine who’s liable for the accident. A bike accident lawyer can gather compelling evidence to challenge disputes from the driver or their insurance company.
Do I need to wear a helmet to have a valid claim?
Florida law requires helmets only for riders under 16. Adults do not lose the right to bring a claim if they were not wearing one. Moreover, whether a cyclist was wearing a helmet has no impact on whether they caused an accident.
However, if you suffered a brain injury, the defense may try to argue that a helmet could have lessened the impact of the trauma. While failure to wear a helmet cannot be used to show you were negligent, it may be referenced when evaluating the extent of your damages. Your claim can move forward, but compensation could be reduced if evidence shows you share responsibility for the crash.
What if I was hit in a bike lane? Does that strengthen my case?
If a motor vehicle strikes you while you ride in a designated lane, it can strongly influence your claim. Florida law requires drivers to respect those lanes and give cyclists the right of way. Evidence such as photos of the accident scene or traffic citations against the driver may strengthen your position. Keep in mind that you might still have a personal injury case even if you were not in a bike lane when a driver hit you.
How long do I have to file a bicycle accident lawsuit in Florida?
In Florida, most personal injury claims must be filed within two years of the date of the accident. Waiting too long can block you from recovering compensation through the courts. Starting early also makes it easier for your legal team to find and preserve evidence to support your bicycle accident case.
What if the driver was uninsured or underinsured?
Your own uninsured or underinsured motorist coverage (UM/UIM) can help cover your losses if you have it. Health insurance can also help with your medical bills while your claim progresses. An experienced lawyer can review your case to identify all possible sources of compensation.
Can I still recover if I was partly at fault for the accident?
You may still recover financial compensation if you’re partly responsible for a bicycle accident, but specific rules apply. Florida’s comparative negligence law allows you to seek compensation in these circumstances, but your percentage of fault will reduce the amount you receive. However, you lose your right to compensation completely if your share of fault exceeds 50 percent.
What evidence do I need for my Fort Lauderdale bike accident case?
Your bicycle accident attorney can determine the evidence necessary to support your case. Examples include:
- Police accident report
- Medical records
- Traffic or surveillance camera footage
- Eyewitness accounts
- Expert testimony
Why Fort Lauderdale Bicycle Accident Cases Are Uniquely Complex
Bicycle accident cases in Fort Lauderdale can involve challenges that make them especially complicated. The city’s busy streets, heavy tourist traffic, and frequent construction zones create conditions that make disputes over liability more common. Drivers may claim cyclists ignored signals, while cyclists often argue drivers failed to give them space.
Insurance companies also fight aggressively to limit payouts in these cases, especially when a cyclist’s injuries cause permanent disabilities or require long-term treatment. Florida’s comparative negligence rules can add more complications, since even a small share of fault assigned to the cyclist can reduce their compensation. Finally, bicycle crashes often cause injuries that affect a rider’s ability to work and quality of life, which raises the stakes in settlement negotiations.
Don’t Let Insurance Companies Blame You. Rosen & Ohr, P.A., Fights for Cyclists
Protecting your rights while you’re recovering from severe bicycle accident injuries is an intense and unfair burden. Rosen & Ohr, P.A., simplifies your life by taking on your legal case and protecting your rights at every stage. We’ve served South Florida for over 50 years and won millions of dollars for our clients. We’re not afraid of the insurance companies and are ready to take your case to court if they don’t offer a fair settlement.
Trust our Fort Lauderdale bicycle accident lawyers to fight for you and guide you through this crisis. Call or contact us today for a free consultation.