The Cloud Law Firm represents cyclists who have been injured in a Sebring bicycle accident.
Prior to your bicycle accident, you may have believed that you would never need to hire an attorney. However, your accident may be the most violent and stressful thing that has ever happened to you. Now your life is in disarray. You may be unsure how you are going to pay the medical bills or make up the missed work. The insurance company will likely try to rush you to settle your claim for a small fraction of your actual loss. The decisions you make shortly after the bicycle accident, such as contacting the right Sebring bicycle accident lawyer, will play a large role in determining the strength and value of your injury claim. You will only get one bite at this apple. You need a compassionate and experienced attorney who will out-think and out-work the at-fault party and their insurance company.
Call the Cloud Law Firm now for a free, no hassle consultation at: (863) 402-2207. We will be happy to meet with you in person at our Highlands County office located at 205 S Commerce Ave, Sebring, FL 33870. We want you to know your rights and we will provide the advice and help you are searching for. If you retain us, we will get to work on your case right away. You have nothing to lose by calling because there are no attorneys’ fees unless we win your personal injury case.
Causes of Bicycle Accidents
Bicycles are a common means of transportation, recreation and exercise in and around Sebring, Florida. Bicycle accidents usually involve contact with a motor vehicle that negligently failed to yield the right-of-way or unexpectedly turned into the path of a cyclist. Quite commonly, bicycle accidents occur when a car is exiting a parking lot onto a roadway and, looking only for oncoming cars and not bicycles, hurriedly pulls out and hits a bicyclist. Sometimes a negligent driver of a car, truck or bus causes a bicycle accident by forcing the cyclist off the road or into a collision. Other bicycle accidents occur while a car is passing or overtaking a cyclist. Still yet, many bicycle accidents are caused by defective roadway design or maintenance, like unfilled potholes or debris left behind by road workers.
Bicycle Accident Injuries
As you can imagine, bicycle accidents happen far too often and frequently result in serious injuries. According to the United States Centers for Disease Control, 467,000 bicycle-related injuries and 1,000 bicycle related deaths occur in the United States each year. Further, according to the National Highway Transportation Safety Administration (NHTSA), Florida has the highest number of bicycle accidents annually on a per capita basis.
Unfortunately, bicycles provide very little protection from roadway hazards, particularly negligent drivers. As a result, when a bicycle accident happens, severe injuries commonly occur. Common Sebring bicycle injuries include: cuts and bruises; sprains; broken bones; neck, back and spinal cord injuries; shoulder, arm, wrist and hand injuries; hip, knee, ankle and foot injuries; joint dislocations; concussions; traumatic brain injuries; and even death. Many of these types of injuries require costly surgical and/or long term treatment.
Florida Statutes Concerning Bicycles
The Florida Uniform Traffic Control Law, codified in Chapter 316 Florida Statutes, contains many of the statutory laws which govern the rules of the road in the State of Florida. Within this Chapter, the most pertinent to bicycles is Section 316.2065.
Section 316.2065 contains numerous rules governing bicycles, such as the use of bicycles at night. Most significant to this discussion, however, is a portion of the statute which provides that, with limited exceptions, bicycles being operated on the roadway have “all of the rights and all of the duties applicable to the driver of any other vehicle” under Chapter 316. § 316.2065(1), Fla. Stat. Conversely, bicycles being operated on the sidewalk or crosswalk have “all the rights and duties applicable to a pedestrian under the same circumstances.” § 316.2065(9). Thus, under Florida law, cyclists generally have the rights and obligations of a motor vehicle when the bicycle is operated on the roadway, and the rights and obligations of a pedestrian when the bicycle is operated on a sidewalk or crosswalk.
There are some laws unique to bicycles. For instance, motorists owe cyclists additional room when passing a bicycle. § 316.083(1) Further, dependent upon the location, local county and municipal codes may also be applicable to the rights and obligations of a bicyclist.
Proving Negligence in a Sebring Bicycle Accident Case
Most bicycle accident claims are based on the legal cause of action called “negligence.” Simply put, every person and business owes a duty to use reasonable care. If a person or business fails to use reasonable care, then they have acted negligently. If that negligence injures someone, the injured person has a civil cause of action against the negligent party for money damages. Without getting too technical, in bicycle accident cases, negligence is typically proven based upon the circumstances of the accident and/or violation of applicable Florida statutes (e.g. speeding or failing to obey a traffic control device), which may be used as evidence of negligence.
Since bicycle accident cases sometimes involve children, it is noteworthy that motorists owe children a heightened duty of care when they knew or should have known that small children are at play in the area. This heightened duty is particularly applicable to accidents that occur near schools, parks, and residential areas.
Florida follows the rule of “pure comparative negligence.” This means that the jury may determine that more than one person negligently contributed to an accident, and allocate a percentage of fault for the accident to each of the negligent persons. The negligent persons may include the injured person, to the extent he or she contributed to the accident. If the jury allocates fault to the injured person, following the trial, the court will reduce the injured party’s award of money damages by the percentage of fault allocated to the plaintiff in the lawsuit.
Bicycle Accident Victims May Be Entitled to PIP/No-Fault Insurance Benefits
Under Florida law, every motor vehicle owner is required to maintain $10,000 Personal Injury Protection (PIP) auto insurance coverage that pays 80% of his or her own medical bills and 60% of his or her lost wages, up to the $10,000 PIP benefit limit, regardless of who was at fault for the accident. § 627.733, Fla. Stat. Irrespective of who was at fault for the accident, pedestrians and bicyclists qualify for PIP: (1) from your own auto insurer if the accident occurred in Florida and the accident involved physical contact with a motor vehicle; (2) from a resident relative’s auto insurer if you do not own a vehicle, the accident occurred in Florida and the accident involved physical contact with a motor vehicle; or (3) from the at fault driver’s auto insurer if no other PIP benefits are available to you. § 627.736(4)(e), Fla. Stat.
You should also know that in order to qualify for PIP benefits, you must seek treatment within fourteen (14) days following the accident. Treatment during that period qualifies a person for $2,500 PIP benefits. To qualify for the full $10,000 PIP benefits, a doctor must certify that you have suffered an “emergency medical condition.”
Please Read the Frequently Asked Questions Below
For additional information, please read the frequently asked questions presented below:
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What should you do if you are involved in a bicycle accident?
Should you hire a lawyer?
What does a bicycle accident attorney do for clients?
When should you contact the Cloud Law Firm about your bicycle accident claim?
How long does a bicycle accident case take to resolve?
What items of damages are you entitled to recover?
How much is your case worth?
Do you have to go to Court?
How much are the Cloud Law Firm’s fees?
What are Personal Injury Protection Benefits (PIP)?
What if the at-fault driver doesn’t have auto insurance?
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Frequently Asked Questions
Please click on the links in the adjacent column to access answers to frequently asked questions concerning bicycle accident claims.
What should you do if you are involved in a bicycle accident?
This is a non-exhaustive list of things you should do if you are involved in an accident:
1. Call 911 and file a police report. The police officer will perform an investigation and record pertinent information about the accident, the vehicles involved, the at-fault driver and the parties’ auto insurance carriers.
2. Seek immediate medical attention and tell your physician everything you can about the pain and other symptoms you are experiencing. If you are disoriented, confused or having trouble remembering things, you should report it then.
3. Get all witnesses names, addresses and telephone numbers.
4. Take a lot of pictures of the accident scene, the vehicles involved, any witnesses, and all visible injuries of all victims. Keep the photographs in a safe location, not just on your cellular phone.
5. Do not talk to anyone other than the police officer, your physicians, and your attorneys about the accident or your injuries.
6. Retain an attorney to help you with accident claim.
7. Before you sign anything, such as a statement or property damage release, consult your attorney.
8. Report the accident to your own auto insurance company.
Should you hire a lawyer?
Absolutely. The average person does not have the experience necessary to value a personal injury case, to prepare the case, or to negotiate the intricacies of personal injury law. For example, do you know how to obtain and evaluate how much insurance (e.g. BI, UM, PIP, etc.) is available to resolve your claim? Do you know which, if any, of your collateral source providers (e.g. a health insurer) must be reimbursed from your personal injury settlement or what to do if the collateral source isn’t being responsive or reasonable? An experienced attorney will be familiar with applicable Florida laws and how they apply to your particular circumstance. Moreover, an experienced attorney will add value to your personal injury claim.
What does a bicycle attorney do for clients?
This is a non-exhaustive list of things a car accident attorney handles for clients:
1. Investigate the claim, such as: interview witnesses, obtain the police report, obtain photographs the scene and vehicles; obtain and analyze all of the client’s medical records, obtain and evaluate all applicable insurance policies, and research applicable law.
2. Advance all the litigation costs incurred in pursuing the claim. Litigation costs generally include things like charges for copies of medical bills, costs charged by the Court, court reporters, and process servers, and costs charged by experts. In cases that go to trial, litigation costs are often tens of thousands of dollars.
3. Represent the client in dealings with the client’s own insurance company, including PIP claims, property damage claims, and UM claims.
4. Represent the client in dealings with the at-fault driver and their insurance company.
5. Represent the client in Court.
6. Negotiate any settlement.
7. Negotiate payment of outstanding liens and medical bills following settlement.
When should you contact the Cloud Law Firm about your bicycle accident claim?
Immediately! The attorney, Mia Cloud, will provide a Free Consultation and, if you retain us, get to work immediately on your case. The sooner the better. The at fault party’s insurer begins collecting information, documents, photographs, and conducting witness interviews right away. Don’t let them get there first. More importantly, if you wait too long, important evidence and witnesses will go missing.
How long does a bicycle accident case take to resolve?
This depends on a lot of variables that are outside the client and attorney’s control, including: the client’s injuries and course of treatment, the amount of insurance coverage available, the number of insurers involved, and the insurers’ willingness to discuss a reasonable settlement. The harder the insurance company fights, the longer it takes. With these factors in mind, a standard personal injury case can take anywhere from months to years to complete. One of the reasons it takes so long is because it is unwise to settle before the accident victim substantially completes their treatment as you only get one bite at the apple and cannot go back for more later if it turns out you need additional treatment. Also, if the case goes into litigation, it can take more than a year to push the case through the congested court system.
What items of damages are you entitled to recover?
Bicycle accident victims are generally entitled to recover the following types of damages:
1. MEDICAL BILLS: You are generally entitled to recover payment for all of your medical bills which are reasonable and causally related to the accident. This includes future medical costs which are necessitated by your injuries.
2. LOST WAGES: You are generally entitled to recover payment for all of your lost wages which are causally related to the accident. This includes wages lost in the past, as well as loss of future earning capacity.
3. PAIN AND SUFFERING: You are generally entitled to recover for all of your pain and suffering related to the accident, both past and future. Pain and suffering damages should not be considered lightly. Depending on the circumstances, pain and suffering awards can sometimes be quite significant.
4. OUT OF POCKET EXPENSES: You are entitled to recover all of your out of pocket expenses, including mileage to and from treating physicians and the costs associated with prescription medications. Be sure and keep track of these amounts as they can be difficult to reconstruct.
5. PUNITIVE DAMAGES: Under some circumstances, such as the case of a drunk driver, you may be entitled to recover punitive damages. Punitive damages are intended to punish a wrongdoer for gross negligence and/or intentional acts. The Florida legislature has passed several statues which serve to define punitive damages and limit the award of punitive damages. However, you should know that under proper circumstances, punitive damages are recoverable.
How much is your case worth?
Your top priority should be your health. If you are in pain or are experiencing symptoms/limitations, you should seek medical treatment regardless of the potential positive or negative effects to the value of your claim. Setting that aside, the value of your case depends on numerous factors, such as the following: the facts of the accident (inflammatory facts makes the value go up), the degree to which you may share comparative fault in causing the accident, the credibility and likeability of the parties and witnesses, the victim’s injuries, course of medical treatment, and future prognosis, the total medical bills, liens and write-offs, and may other factors. An experienced car accident attorney will consider the circumstances of your case and help you evaluate the settlement value of your case.
Do you have to go to Court?
Not always, but it is sometime necessary to obtain the maximum recovery. Many clients want to avoid going to court and we are generally able to secure a reasonable settlement offer without filing a lawsuit. However, insurance companies can be stubborn and sometimes a lawsuit must be filed before the insurance company makes a reasonable settlement offer. For instance, we recently handled a case in which we made a demand for $100,000 insurance policy limits. The insurance company for the at fault party offered only $8,000 to settle the case. We filed a lawsuit and quickly pushed the case toward trial. Just six months later, the insurance company tendered the $100,000 policy limits to our client. Nothing about the case changed, we simply had to force the insurance company to do the right thing. Please see
our results for information about some of our settlements and verdicts.
How much are the Cloud Law Firm’s fees?
The Cloud Law Firm provides services to accident victims for a “contingent fee.” We get paid only if we win your case by obtaining a settlement or jury verdict in your favor. If we win your claim, the fee is 33.3% to 40% of the gross recovery, depending on whether we had to file a lawsuit to resolve your claim.
What are Personal Injury Protection Benefits (PIP)?
Under Florida law, every vehicle owner is required to maintain $10,000 Personal Injury Protection (PIP) auto insurance coverage. Under PIP, if you are in an accident, your own insurance company is required to pay 80% of your medical bills and 60% of your lost wages, up to the $10,000 PIP benefit limit, regardless of who was at fault for the accident. Unlike most other collateral source providers (an entity which pays some of your losses), your auto insurer cannot assert a lien for PIP benefits paid and PIP benefits are not required to be repaid at the conclusion of your case. However, the at-fault driver is generally entitled to a setoff for all PIP benefits paid or payable (e.g. if your auto insurer paid 10,000 PIP benefits and the jury awards you $20,000 the at-fault driver is entitled to have your award reduced $10,000 for the PIP benefits paid by your insurer).
What if the other driver doesn’t have auto insurance?
We see this all the time. Under Florida law, drivers are required to purchase PIP coverage to cover their own injuries, but are not required to purchase bodily injury coverage to cover the injuries of a person they harm in a motor vehicle accident. If the at fault driver does not have bodily injury coverage, there is very little an attorney can do to help you, unless you purchased Uninsured Motorist (UM) from you own auto insurance carrier. UM insurance covers your injuries caused by the fault of an uninsured, or underinsured, driver. Due the prevalence of uninsured drivers in Florida, it is very important that you purchase UM coverage to protect you and your family.
Service Area
The Cloud Law Firm serves clients throughout central Florida, including __________, Highlands County, Florida.
Free Consultation
What should you do if you are involved in a bicycle accident? Should you hire a lawyer? What does a bicycle accident attorney do for clients? When should you contact the Cloud Law Firm about your bicycle accident claim? How long does a bicycle accident case take to resolve? What items of damages are you entitled to recover? How much is your case worth? Do you have to go to Court? How much are the Cloud Law Firm’s fees? What are Personal Injury Protection Benefits (PIP)? What if the at-fault driver doesn’t have auto insurance?
What should you do if you are involved in a bicycle accident?