Orlando Bicycle Accident Lawyer
The Francis Law Group
A bicycle accident victim often has the right to recover damages for injuries. For a brief overview of types of bicycle accidents and common injuries, liability laws for bicycle accidents and comparative negligence rules in Florida, refer to the following. Seek legal help from a bicycle accident attorney in Orlando from the Francis Law Group by calling 888-327-2745 to set up a consultation.
Causes and Types of Bicycle Accidents
Dozens of bicycle accidents occur in Florida every year. While most of these accidents are caused by collisions with motor vehicles, some bicycle accidents are the result of more unexpected causes. Some common causes of bike accidents are listed below:
- Motor vehicle collisions,
- Falling building signage,
- Improperly contained construction site materials, and
- Street and pavement issues
All of the above are avoidable accidents and occur as a result of someone’s negligent actions.
Bicycle Accident Injuries
One possible type of injury for a bicyclist involved in an accident to sustain is a head injury or traumatic brain injury (TBI). Head injuries and TBIs are some of the most detrimental types of injuries and can have lasting consequences for the bicyclist. The chances of a TBI occurring are higher when the cyclist is not wearing a helmet at the time of accident.
Other types of injuries that a cyclist may sustain in an accident are broken bones, spinal cord and back injuries, internal organ injuries, strains and sprains, face and scalp injuries, road rash, and bruises and lacerations.
For some, the injuries that a bicyclist sustains from an accident cause permanent damage. Sometimes, an injury can result in cognitive complications, emotional changes, sensory issues, paralysis, and permanent scarring and disfigurement. Some accident victims might develop post-traumatic stress disorder (PTSD), depression or anxiety following an accident and related injuries.
Liability for a Florida Bicycle Accident
After a bicycle accident occurs when a cyclist sustains physical harm, one of the biggest questions is, "Who’s liable for the accident?" According to Florida Statutes Section 316.2065(1), “Every person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle…” In other words, a cyclist must abide by all posted traffic laws and signals, just as the driver of a motor vehicle must. If a driver violated a traffic law and caused the accident, then the driver could be liable for damages the cyclist sustained.
Just as drivers and cyclists must follow laws intended to keep themselves and others safe, property owners also have a duty to cyclists and pedestrians. When signage is falling or roads are improperly maintained, the property owner (or city government) may be in violation of what are known as premises liability laws. If these laws are violated and a cyclist is harmed, then the property owner may be legally responsible for the victim's damages.
Florida Comparative Negligence Law
It is important to note that when a bicyclist accident occurs, the other party (driver, construction site manager, municipality) isn’t always 100 percent liable for damages. If the cyclist did anything to contribute to the accident’s occurrence – such as failing to yield properly or stop at a red light – then the cyclist may not be able to recover the full amount of damages.
According to Florida’s comparative fault laws (Section 768.81 of the 2014 Florida Statutes), the amount of damages available to the cyclist will be reduced by the cyclist’s percentage of fault. So if the cyclist was 30 percent liable, then the cyclist may recover only 70 percent of his or her damages.
How a Bicycle Accident Lawyer in Orlando Can Help
A bicycle accident can be a tragic experience. If you’ve been in a bike accident in Orlando, the Francis Law Group can help. Filing a civil case for damages is a complicated process, and requires knowledge of negligence, liability and tort laws. If you need help understanding your rights and options for recovery, as well as proving that you are entitled to compensation for your injuries, we are ready to help. Call us today at 888-327-2745 or use our online contact form to set up a consultation.