If you’re a bicycling enthusiast, Florida is the state for you because it’s sunny almost all year round. There are a lot of cyclists in Florida who rely on bikes as their main mode of transportation, and many areas have embraced this culture by becoming more bike-friendly. Even though there are plenty of benefits to biking in Florida, crashes can still happen and often lead to serious injuries.
The very first step to take if you are unfortunate enough to suffer an injury from a bicycling accident is to get the representation you deserve by hiring an attorney who has experience in bicycle accident claims. Your attorney will review your accident and guide you through the next steps.
The first step of the process after a bicycle accident in Port Charlotte is to file an insurance claim with the at-fault party’s insurance company. In some cases, this may be the biker’s own auto insurance policy even though they weren’t in their car driving when the accident happened. This is because many auto policies cover accidents that happen while using other modes of transportation like bikes.
The insurance company will appoint an auto insurance adjustor to your case after you open a claim. It’s essential to remember that this person is working on behalf of the company’s finances, so they’ll try to settle for as little money as possible.
When it comes to personal injury claims, Florida is a no-fault jurisdiction, which implies that you are obligated to seek medical help from your insurance after an accident. You can also file a regular negligence claim beyond that. You may be 99% at fault for an accident, yet you can still attempt to get compensated for the remaining 1%.
Florida Bike Laws
To remain safe while riding a bicycle it’s important to follow all laws that apply. Here is an overview of the bicycle laws in Florida:
- Bikes are treated as vehicles.
- Cyclists must obey all traffic controls and signals.
- Cyclists must use a fixed, regular seat for riding.
- You cannot carry passengers on a bike that is not intended to carry more than one person.
- Parents must not allow minors to violate any of Florida’s provisions.
- All bikes must come equipped with a braking system.
- If riding on the sidewalk, bicyclists have the same rights and duties as a pedestrian.
- Bikes must be equipped with a lamp when operating between sunset and sunrise.
- Bicyclists must use the designated bike path when not traveling at the speed of other traffic.
- Other laws can be found here.
Personal Injury Claims Regarding Bicycle Accidents Involving Motor Vehicles In Port Charlotte, Florida
In the event of an accident, injured persons can seek compensation for expenses they’ve incurred, including medical costs, pain and suffering, and lost income. In certain personal injury circumstances in Florida, there are damage caps that serve to restrict the amount of money a harmed victim may receive.
There is a 4-year statute of limitations for personal injury cases, and that time limit drops to 2 years if the case is for wrongful death. If the claim is against the city, county, or state instead of an individual, there is first a 180-day investigatory period. After that concludes, any remaining claims have a 3-year statute of limitations (again reducing to 2 years in instances of wrongful death).
Call the police
Call the police right away after an accident to preserve the official record and gather evidence.
The police will obtain vital witness information as well as the name of the other person involved and their insurance details. They can also do any investigation they need to do, including looking into the cause of the accident or factors that may have prompted it, such as distracted driving or alcohol consumption. This information could greatly help you make your case.
It is crucial that you act quickly after an accident. The sooner you are able to do this, the better chance you have of preserving the scene.
If you are injured in a bike accident, be sure to take pictures of the scene, including weather conditions and your injuries. Get contact information from any eyewitnesses and make note of what they saw.
Seek medical assistance
Sometimes, people who have been victimized mistakenly believe that they weren’t injured during a bicycle accident. However, it is important to seek medical assistance as soon as possible to ensure you are alright, especially after a bicycle accident involving a car. Insurance claims may suffer if you don’t get looked at by a doctor or nurse relatively soon after the incident. Whether you think you need help or not, getting checked out by a professional will only serve to strengthen your case later on down the road.
Hold on to any and all documents that may be useful, such as police reports, medical records, receipts, check stubs, recorded statements, etc.
Get The Representation And Compensation You Deserve
The attorneys from FGB Law work tirelessly to build a case that puts you in the best possible position. We’ll collect witness statements, driving histories, re-create the scene of the accident if needed, and more to ensure you get the compensation you deserve. Contact FGB Law Firm today at 941-979-9010 or complete our online contact form.