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Spending an afternoon on your bike on Seminole Boulevard, the Pinellas Trail, or near Park Boulevard and Seminole City Center can be quite an enjoyable experience. Unfortunately, cyclists have inherent dangers whenever they share the road with motor vehicles. Even a low-speed crash can cause serious injury and substantial medical bills. If you were hurt due to someone else’s negligence, a Seminole bicycle accident lawyer can help.
Ronald Bone has focused his practice on catastrophic injury and wrongful death since founding the firm in 1997. With over 30 years of trial experience, he has chosen to limit his caseload to provide the personalized attention every client deserves and to be ready to go to trial on every case.
He is AV rated by Martindale-Hubbell as a Client Champion Silver-rated lawyer, and has been selected to join some of the most elite attorney groups with highly limited national memberships. However, awards and recognition are not guarantees of future results. Selection criteria vary by organization.
His verdicts include an $8.5 million jury verdict for a rear-end collision requiring jaw reconstruction, a $6 million settlement for a traumatic brain injury when there was only $10,000 in insurance, and a $2.4 million wrongful death verdict for a motorcycle accident. Keep in mind that past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits. He has also passed a claims bill through the Florida Legislature.
Bicyclists do not have airbags, seat belts, or a steel frame to lessen the blow during an accident. Even when wearing a helmet that properly fits, riding a bike exposes you to serious injury if another vehicle strikes you.
Drivers sometimes cause bicycle accidents by not yielding at intersections, failing to see cyclists as they turn, or pulling into a crosswalk without noticing an approaching rider. Streets throughout Seminole, such as Starkey Road, Park Boulevard, and Seminole Boulevard, see lots of vehicle traffic, especially during commuter hours, which may increase the risk of being involved in one of these accidents. Serious accidents commonly cause:
Treatment for these injuries may require surgery and extensive rehabilitation or physical therapy. Some cyclists need to take time off work to recover from their injuries. Serious injuries can sometimes cause permanent changes to how a person can move around, earn a living, or enjoy life. In Pinellas County in 2023, there were 652 bicyclist crashes, resulting in 13 fatalities and 624 injuries.
Sometimes drivers forget, or are unaware, that bicyclists have the same rights and responsibilities as other drivers on the road. For example, if a driver is not paying attention, running a stop sign, or otherwise violating traffic laws, they could collide with a bicyclist. Common causes of bicycle accidents include:
Drivers aren’t always to blame for bicycle accidents. Road conditions, defective traffic signals or road signs, construction zones, and defective bicycle parts could also cause or contribute to a collision. Determining every possible cause of your accident is an important step in evaluating your claim.
In Florida, bicycles are given many of the same rights as motorists. Florida Statutes § 316.2065 provides that cyclists have the same rights and duties as people driving vehicles on our roadways. As such, cyclists should follow all applicable traffic control devices, including traffic signals and stop signs. Drivers must share the road with cyclists and must exercise reasonable care when operating their vehicles.
Florida law also provides rules regarding bicycle equipment, lighting bicycles for nighttime riding, and specifies where cyclists can and cannot ride. Obeying these rules can help you avoid a collision and may impact who was liable for the accident if you’re involved in a crash.
Florida’s modified comparative negligence statute is Florida Statutes §768.81, which means that if you, as a cyclist, are partially liable for the accident, your percentage of fault would reduce your recovery by that percentage. In many negligence claims, a person who is more than 50 percent responsible for their injuries cannot recover damages.
Insurance companies often attempt to blame the cyclist for causing the accident. For this reason, it’s important to know how Florida’s bicycle accident laws apply to your accident.
In most cases, you need to prove that someone else negligently caused the bicycle accident to establish liability. Negligence claims require proof of four legal elements. The first element is a duty of care. All drivers have a duty to operate their vehicle with reasonable care and must share the road with other users, including cyclists.
The second element of negligence is breach of that duty. A person breaches their duty when they fail to act as a reasonably prudent person would under the same or similar circumstances. Texting while driving, not yielding the right-of-way, speeding, and making an improper turn into the path of a cyclist are examples of conduct that would breach a driver’s duty.
The third element is causation. It must be proven that the person’s negligent actions caused the accident and the injuries alleged to have occurred.
Damages are the fourth element of negligence. After a bicycle accident, there may be many different damages that a victim suffers. Medical bills, lost wages, pain and suffering, damage to property, and future medical care are examples of damages that may be available after a bicycle crash claim.
Some of the evidence that may be used to prove these elements include police reports, photographs of the crash scene and damages, video surveillance, witness statements, medical records, damage to the bicycle, and testimony from accident reconstruction professionals. Gathering and preserving evidence right after an accident can help establish how the crash occurred.
When someone gets injured riding their bike, thoughts often turn to the medical bills they may immediately face after going to the emergency room. While healthcare expenses can be quite high after a crash, many victims also incur additional costs throughout their recovery period.
Physical therapy, follow-up doctor’s appointments, medication, and equipment often lead to increased financial burdens. Some people develop lifelong injuries that require additional surgeries, personal home care, or modifications in the future.
Lost wages can become a major factor for victims who are unable to return to work or who can no longer perform the same job functions they did before the crash. Future lost wages may need to be considered.
Victims should also keep property damage in mind. If you had an expensive bike, helmet, cycling computer, and gear, it could cost you hundreds or even thousands of dollars to replace everything after an accident. These can all be included in your claim, should you choose to file one.
Deciding to hire a bicycle accident lawyer can help you understand the value of your claim and allow an experienced attorney to investigate your case. Bicycle accident lawyers work to gather the evidence needed to prove who was at fault and how much the collision has cost you.
Your Seminole bicycle accident attorney can obtain police reports, interview witnesses, secure video footage, work with accident reconstructionists, review medical bills, and identify all responsible parties. They can also calculate your losses, including those that you may incur in the future.
Don’t guess, exaggerate injuries, or omit details you think may or may not be important. The more accurate information you can provide, including prior injuries and medical conditions, the better your attorney can evaluate your claim and prepare for arguments the insurance company may try to use against you. Essentially, you want to give all the facts of the accident to your injury lawyer.
Determining who is at fault after a driver hits a cyclist depends on the specific facts of the collision and is based upon a thorough investigation of all the evidence. If the driver failed to yield the right-of-way, made an illegal or unsafe turn, improperly changed lanes, or was driving distracted, they could be liable for causing the crash. However, even cyclists have a duty to obey traffic laws.
Yes. If someone else was negligent and caused your bicycle accident, you may have the right to file a personal injury claim and recover compensation for your losses. Many of these claims are resolved through the insurance claims process, but if a fair settlement cannot be agreed upon, it may be necessary to file a claim to seek compensation from the court.
Every accident is unique, and there is no standard bicycle accident settlement amount. Insurance policies and available compensation are based on a variety of factors, including the injuries sustained in the crash, medical bills, lost wages, future medical treatment, damage to personal property, and who was at fault. Other factors such as the strength of evidence available may also impact the value of your claim.
Ronald Bone, P.A., is equipped to help you with your bicycle accident case. Contact us today to speak with a representative.
Thoughtful, trial-ready personal injury representation in Tampa Bay.
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