Bicycle Accidents with Cars and Trucks

I have dedicated my entire law practice to handling legal claims for cyclists injured in accidents with vehicles. These accidents have occurred in virtually every location in Florida. Recent accidents have been in Venice Beach, Naples, Miami, Key West, Boca Raton, Orlando, St. Augustine, Jacksonville, Middleburg, Fernandina, Pensacola, Panama City, Apopka, Palatka, Gainesville, Melbourne, Fort Lauderdale, Daytona Beach, and West Palm Beach.  Florida has had the highest bicycle fatality and injury rate in the United States!

Up until 2023, Florida law gave you 4 years from the date of your accident in order to file a lawsuit against the parties responsible. This has changed, and it's now 2 years. If you miss the deadline, then your claim could become worthless.

But there are exceptions that could make the deadline even shorter. For example, if the person was an employee of state or local government and was in the course of working at the time of the accident, there is a shorter time deadline that may apply.  It takes plenty of time to prepare to bring a wrongful death claim or lawsuit, so you should contact me right away. Don’t wait until the deadline is approaching.

Florida law gives you, the injured cyclist, a right to be compensated. Florida law also gives your spouse the right to be compensated. In certain circumstances, your children may also be entitled to compensation as well.

1. Claim of injured cyclist
   Florida law states that you, the injured cyclist, can recover for your past and future medical bills, past and future loss of wages, pain and suffering, loss of enjoyment of your life, and mental anguish caused by the accident.  
2. Claim of spouse
   By Florida law, your spouse is entitled to recover “loss of consortium”.  This means your spouse’s loss of your love, companionship, comfort, physical or romantic relationship, and your help in performing  tasks in the parenting and running the household.  
3. Claim of children
   Since 1988, Florida law has allowed a child to be compensated when their parent is permanently and totally disabled (unable to work) as a result of a bicycle accident caused by the negligence or another.  The child is entitled to recover for their loss of services, comfort, and companionship with their parent.

Generally, any person or party who was negligent and contributed to causing your injuries is liable to pay compensation. In addition, the owner of the car or truck used to injure you is also responsible. The employer of an employee, who was working while driving when the accident happened, may also be responsible to you.

1. I will assess and evaluate how the accident happened.
   I will obtain the police report of the crash, communicated with eyewitnesses, and inspect your bike or e-bike.  I will try to obtain video from your bike (if you had a Fly6, Fly12, Garmin, GoPro, or other video camera), other vehicles, traffic lights, or building surveillance cameras.  I may obtain the driver’s cell phone to check for texting or talking while driving.  I will ask for your GPS unit on your bike.  I may hire an accident reconstruction expert to assist me.  I will monitor any traffic citations that arose from the police investigation of the accident, and my provide input on your behalf.  
2. I will investigate insurance to pay compensation.
   ‍Insurance for a bike crash or e-bike accident is very important because it provides a party who is fully capable of writing the check to compensate you or your family.  Insurance comes from many different sources such as auto insurance, homeowner’s insurance, personal umbrella insurance, business insurance policies, rental vehicle policies, short and long-term disability insurance policies, and health insurance.   It is possible that the bicycle rider had a special bicycle insurance policy which covers the accident.  However, you should know that if there is no insurance, the person who caused your accident is still personally responsible to compensate you.
3. I will apply the laws that related specifically to your bicycle or e-bike accident.
   Florida has adopted statutes (Florida Statutes Section 316.2065 and 316.20655), among many others, that apply only to bicycles and e-bikes.  Unfortunately, law enforcement, insurance companies, and other attorneys (who don’t specialize in bicycle law) can be ignorant of these bicycle-specific laws and how they were written to protect cyclists.  I will apply these laws to your advantage.‍
4. I will will prove the nature and extent of your injuries and how they require you to be compensated me.
   ‍I will communicate with your doctors, obtain medical records and employment records.  Over more than 30 years, I have developed an excellent professional relationship with many physicians, and will collaborate with them to prove how your injuries have impacted your life, and how they will continue to effect you in the future.
5. ‍I will bring your case to a judge and jury.
   ‍It is the rare situation when a responsible party admits causing the accident and willingly pays a fair amount of money to compensate you.  Their insurance companies may focus all of their energy and effort on preventing you from receiving full compensation.  The insurers may care much more about their shareholders and being profitable than their victims.   In that situation, I look forward to present your case to a judge and jury to obtain full justice and compensation for you.