Cycling is a widespread activity in Florida as an excellent way to exercise and an affordable means to move from one place to another. Cycling also promotes relaxation and helps in stress reduction. However, bicycles are not the safest means of transport in Florida and other states. Cases of bicycle accidents are rising, and the results are usually devastating. It helps to know that you could be eligible for compensation after a bicycle accident in Jacksonville. But you need legal help to understand personal injury laws covering cyclists and how they can help you obtain the compensation you deserve.
Bicycle Accidents in Florida
Cycling is an excellent sport for people who want to keep fit. It is a fun activity and an inexpensive means to move around. You can enjoy riding your bicycle alone on the road or even among other bicyclists. However, the danger is always looming for cyclists. Since you share the road with motorists and other road users, devastating accidents are common. Sadly, cyclists do not enjoy the same protection as motorists. The vehicle body protects vehicle occupants. Vehicles have additional safety features like seatbelts and airbags that could minimize injuries in a severe collision.
Due to that, all bicycle accidents are serious, leaving the injured with severe injuries that could take longer and cost a lot of money to heal. Injured bicyclists also count significant losses, including loss of lives, earning abilities, and financial and time losses. But you deserve compensation for all your damages in case of a bicycle accident in Florida. The law mandates the negligent party to compensate the injured for all their past, current, and expected losses necessitated by the accident.
Cyclists could be safer if all road users observed the set traffic laws. With the increasing number of cyclists on our roads today, motorists are urged to be on the lookout for bicyclists every time they are on the road. A slight mistake like distracted driving could result in a severe bicycle accident that could leave the victim severely injured or dead.
Bicycle accidents happen all the time in states like Florida. But most of them go unreported. Some states do not consider bicycles as vehicles, affecting how liability is determined in case of accidents. But, bicyclists are guided by the same traffic laws that guide motorists. Thus, they have a right to be on public roads and be allowed to cycle safely without facing the threats of injuries and death. If a bicyclist travels on a lane, the motorists driving near them must use a different lane. When a driver overtakes a cyclist in a single lane, they must leave a safe space between the vehicle and the cyclist.
Even with clear traffic rules, road mistakes result in devastating bicycle accidents. Sadly, most of these accidents are avoidable. The parties that suffer the most significant loss are the bicyclists.
But the law allows you to pursue compensation in a bicycle accident. You can hire a competent personal injury lawyer to help establish the accident cause and the liable party and then pursue compensation in a civil or out-of-court settlement with that information. The payment you recover will enable you to seek medical help with your injuries and cater to your personal needs until you attain full recovery.
Causes of Bicycle Accidents in Florida
Understanding the cause of an accident is essential in establishing liability in case of a personal injury. You can understand how an accident happened, determine whether it was avoidable, and select the responsible party when you look into its cause. Your attorney can help you establish the cause of the accident in which you were injured. They could involve the help of an accident expert if the reason is not apparent. An accident expert's account is also a piece of solid evidence to use in court against the responsible party. Here are some of the common causes of bicycle accidents in Florida:
Dangerous Road Conditions
Some bicycle accidents happen due to dangerous conditions on the road. For instance, sudden changes in the surface of a road can easily cause a cyclist to lose their bicycle's control, leading to an accident. When a cyclist loses control on a busy road, it will get in the way of vehicles on the road leading to an accident. A road used for a long time will likely be affected by wear and tear. Over time, it develops potholes, and the surface becomes uneven. That is why public roads need maintenance and repair to ensure that they are safe for all road users.
If the government agency responsible for road maintenance does not fulfill its required mandate, our roads will continuously become dangerous for cyclists and motorists. Trolley trucks, sewer grades, and railroads also severely endanger cyclists using public roads. They could cause a bicycle's tires to stick on the road, causing the cyclist to fall off their bike and into oncoming traffic. Some road designs also pose a danger to road users, including cyclists.
If you are in a bicycle accident due to a dangerous road condition, the agency responsible for the maintenance of our roads will be accountable for the resulting damages. Your experienced personal injury attorney can help you prepare and file a winning lawsuit against them in a civil court for compensation.
Distracted Driving
Most accidents that occur on our roads are preventable. Distracted driving causes a majority of those avoidable accidents. Distracted driving occurs when a driver's attention is taken by something other than the act of driving. A driver's complete focus should be on the road so that they can react on time to prevent an accident in case of potential danger. Sadly, so many distractions are likely to take a driver's focus off the road, resulting in some of the devastating accidents recorded in Florida.
For instance, some drivers eat or text on their phones while still driving. Others are distracted by the passengers in their vehicle, passersby, and other factors outside the car. A distracted driver can quickly take a swerve off their lane into another lane, crashing into the driver or cyclist in the other lane.
Drivers are encouraged to be on the lookout for cyclists and pedestrians at all times to avoid accidents. A few seconds of distraction are enough to cause a catastrophic bicycle accident. In that case, the distracted driver will be responsible for the resulting damages.
Some distractions drivers experience while on the road have to do with their well-being. For instance, if a driver is in pain, they are likely to pay more attention to their pain than the road ahead. Drivers must ensure they are physically and emotionally well enough to drive before starting the journey.
Driver Under the Influence
Drunk or drugged driving is a significant problem across the globe. Most road accidents attributed to human error are caused by drivers under the influence of alcohol or drugs. Even though driving while intoxicated is a serious crime in Florida, cases of drivers operating under the influence are still on the rise. They put all road users at risk of suffering severe injuries or death in the event of an accident.
Alcohol and drugs impair a driver's ability to operate a vehicle. A sober driver will take great caution to avoid accidents while on the road. In case of danger, a sober driver will quickly react to prevent an accident. It takes time for a driver under the influence of drugs or alcohol to respond to avoid an accident. That is why drunk or drugged driving is a leading cause of bicycle accidents on the road.
It is a challenge for a driver under the influence to focus on the road the entire time they are driving. They will not even see a cyclist on time to give way to avoid hitting the cyclist. A drunk or drugged driver can easily veer off the road, crashing on other road users, including bicyclists. Some drive at incredible speeds, leaving a trail of destruction in the event of an accident.
Aggressive Driving
A driver could also be held responsible for a bicycle accident if it is established that the accident's cause was aggressive driving. Some drivers drive aggressively, ignoring traffic signs, other road users, and safety precautions on the road. An aggressive driver will overtake carelessly, fail to give way, and even not allow cyclists to use an entire lane. These are some of the factors that cause devastating road accidents in Florida.
If an aggressive driver caused the accident in which you were injured, you have a right to pursue compensation for all your damages.
Bicycle Defects
Some bicycle accidents happen because of factors beyond cyclists or other road users. For instance, if a bicycle is defective, it could fail while the cyclist is in the middle of a highway, causing them to veer off the road or throwing the cyclists off the bike and into oncoming traffic.
Defects in bicycles could result from various issues. It could be a design problem from the manufacturing point or a faulty bicycle component from the manufacturing point. For instance, brake failure in a new bicycle could be a manufacturing problem. In that case, the bicycle manufacturer will be at fault for the accident. But if the bike had new brakes, but the new brakes were faulty, the brake manufacturer will be responsible for the accident.
Bicycles also require regular maintenance and repair to function safely. If the defect in your bike was because you did not meet the required safety standards, or your bicycle was faulty, and you had not taken it for repair and maintenance, you will be responsible for the accident.
Who Is Responsible for a Bicycle Accident?
When a bicycle accident occurs, it is difficult to determine fault by simply looking at the accident scene. Many factors contribute to accidents like these, from the several causes of bike accidents. You can only establish liability after understanding the factors that led to the accident. For instance, when a bike veers off the road and is hit by an oncoming motorist, the blame will quickly go to the motorist, especially if the bicyclist has sustained severe injuries. That is why accident experts are required in cases like these to unravel the mystery behind the accident and help identify the party at fault. Here are the parties likely to be at fault in case of a bicycle accident in Florida:
The Motorist
When a motorist hits a cyclist, the blame will first fall on the motorist. Most bicycle accidents occur when a negligent motorist crashes into a cyclist, killing or injuring them. The motorist that hits a cyclist is responsible for the accident if:
- The motorist was speeding or driving recklessly and could not control the vehicle in time so as not to crash on the cyclist.
- The motorist was operating under the influence of alcohol or drugs when they lost control of the vehicle.
- The motorist was driving distractedly — Could be that the motorist was texting on the phone, speaking over the phone, eating or gazing outside, or speaking to someone outside the vehicle when the accident occurred.
Motorists owe a duty of care to all road users to only engage in acts that ensure everyone on the road is safe. Your attorney will prove in court that the responsible motorist breached that duty of care by engaging in actions that caused them to lose their vehicle's control, thereby causing the accident. If your attorney convinces the jury of the motorist's liability in the accident and provides solid evidence against them, the court will rule against the motorist, ordering them to compensate you for all your damages.
Bicycle Manufacturer
A bicycle manufacturer would be responsible for your injuries if your bike was faulty in the first place. If the bike’s fault caused it to lose control while on the road, resulting in an accident where you sustained injuries, the manufacturer could be the at-fault party.
Brake failure is a common cause of bicycle accidents in Florida. Even new bikes experience brake failure. If your bike were faulty from the manufacturing point, its manufacturer would be responsible for your injuries.
However, motorists must be on the lookout for cyclists to avoid hitting them. Your attorney will also establish whether the motorist that hit you after your bike failed was also at fault. For instance, if the motorist was using the same lane with you at the time of the accident or was following too closely, they could also be held responsible for the accident.
In that case, you could have one or more parties to blame for the accident. The judge will decide each responsible party's percentage of fault to guide you on how you will collect compensation for all your damages from them.
Government Agency
A government agency could blame your bicycle accident if it is established that the accident's cause was a poorly-designed, poorly-constructed, or unmaintained road. In that case, the blame will fall on the government agency responsible for maintaining public roads. The agency must ensure that all roads are safe and free of hazards that could make it dangerous for all road users, including bicyclists. An experienced personal injury attorney will guide you on how to file for compensation from a government agency. They will also help you prepare the required documents and file a lawsuit on your behalf to improve its chances of success.
The Plaintiff
You could be wholly or partly responsible for a bicycle accident in which you sustained injuries. Sometimes a cyclist's actions or lack thereof could result in a devastating accident in which the cyclist suffers severe injuries. If, after establishing the accident cause, an accident expert concludes that your actions contributed to the accident, you will only recover part of the compensation you deserve.
For instance, if the bicycle was faulty due to a defective part that required a replacement or you did not follow the necessary safety precautions while on the road, you could be responsible for your damages. Your responsibility as a bicycle owner is to ensure that your bicycle meets all safety standards required by the law. Regular maintenance is needed to keep a bicycle in proper working condition. If you fail in doing that, you could be responsible for any accident that occurs due to bike failure.
Find a Skilled Jacksonville Personal Injury Lawyer Near Me
Bicycle accidents are devastating. They leave plaintiffs dead or nursing catastrophic injuries. But you can recover compensation from the responsible party if you are injured in a bicycle accident. To do that, you need legal help in determining liability. A skilled attorney will guide you through all legal processes and ensure that you file a solid lawsuit against the liable party for compensation. If you or your loved one sustained injuries in a bicycle accident in Jacksonville, our experienced team of personal injury lawyers at Jacksonville Personal Injury Attorney could help you pursue the compensation you deserve. Call us at 904-800-7557 for more information and guidance in establishing liability.