Bicycle Accident Attorneys in Daytona Beach

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With sunshine year-round, many Florida residents and visitors use bicycles as a primary mode of transportation, as well as enjoy riding bikes for fitness and recreation. Unfortunately, thousands of bicyclists are injured and nearly a hundred are killed every year in Florida alone.

If you were involved in a bicycle accident caused by a negligent party and suffered a serious injury, Politis & Matovina, P.A. is committed to recovering the monetary damages you deserve. With a combined experience of over a century, our Daytona Beach personal injury lawyers have a comprehensive understanding of Florida law to guide you through the intricacies of the legal system.

Florida Bicycle Laws

Florida law mandates that bicycles are treated as vehicles on the road. This implies that cyclists have similar rights and responsibilities as motorists. For instance, cyclists must obey traffic signals and signs, yield the right-of-way when applicable, and travel in the same direction as traffic. Additionally, cyclists under 16 years of age must wear helmets to promote safety.

Motorists are obligated to provide at least three feet of space when overtaking a cyclist. Failure to do so can result in dangerous close calls or actual collisions. Understanding these laws is essential for both cyclists and drivers to navigate roads safely and prevent accidents.

Common Types of Bicycle Accidents

According to the National Highway Traffic Safety Administration (NHTSA), Florida is the most dangerous state for cyclists. Most fatal bicycle accidents involve motor vehicles, with over half of them occurring at an intersection in the United States. Despite wearing the proper equipment, such as helmets, reflective vests, and other padding, common injuries include traumatic brain injuries, spinal cord injuries, broken bones, concussions, lacerations, and bruising.

Bicycle accidents occur most often by the following:

• When a vehicle is making a right across a bike lane without signaling
• When a driver opens their door without looking first
• When a vehicle backs up unexpectedly
• Road hazards
• Inclement weather

Who is Liable for a Bicycle Accident in Daytona Beach, FL?

In Florida, determining liability for a bicycle accident typically depends on the circumstances of the crash and who acted negligently. Here are the main factors that affect who might be held liable:

Driver of a Motor Vehicle

A driver is typically liable for a bicycle accident if they acted negligently, such as by speeding, failing to yield, or running a red light. Florida law requires drivers to respect bicyclists by giving them adequate space and following traffic rules. Distracted driving, like texting behind the wheel, is another common factor that can increase a driver’s liability. If the driver’s negligence caused the accident, they may be responsible for the cyclist’s injuries and damages.

Bicyclist Liability

Bicyclists can also be liable for accidents if they fail to obey traffic laws, such as riding against traffic or ignoring stop signals. Florida’s comparative negligence rule means that if the bicyclist is partially at fault, their compensation may be reduced based on their percentage of liability. Even if the bicyclist contributes to the crash, they may still recover damages, though in a lesser amount. Establishing fault requires a careful review of both the cyclist’s and the driver’s actions.

Pedestrians or Other Bicyclists

Pedestrians or other cyclists may be liable for a bicycle accident if their careless behavior, such as stepping into a bike lane or riding recklessly, causes the crash. In these cases, the injured cyclist may pursue a claim against the responsible party to recover damages. Determining liability involves gathering evidence, such as witness accounts or surveillance footage, to prove negligence. Both pedestrians and fellow cyclists must adhere to traffic safety rules to avoid causing accidents.

Government Entities

If a bicycle accident is caused by dangerous road conditions, such as potholes or poorly maintained bike lanes, the government entity responsible for maintaining the road could be held liable. Suing a government agency in Florida is more complex due to sovereign immunity laws, which limit the circumstances under which the government can be sued. However, if it is shown that the government’s failure to maintain safe roads led to the accident, the injured cyclist may have a valid claim. These cases require clear evidence of the unsafe conditions and the government’s responsibility.

Product Manufacturers

If a defective bicycle or vehicle part, such as faulty brakes, causes an accident, the manufacturer or distributor of the product may be liable under product liability laws. Injured cyclists must prove the product was defective and that the defect directly contributed to the crash. These claims can be complex and may require expert testimony to demonstrate the flaw in the product. If successful, the cyclist may recover damages for medical expenses, lost wages, and other related costs.

Statute of Limitations for Bicycle Accidents in Florida

One of the crucial aspects of pursuing a bicycle accident claim is understanding the statute of limitations. In Florida, the statute of limitations for personal injury cases, including bicycle accidents, is generally two years from the date of the accident. This means that individuals have a limited time window to file a lawsuit seeking compensation for their injuries and losses. However, time can be of the essence when it comes to gathering evidence, interviewing witnesses, and building a strong case. To avoid the risk of losing out on deserved compensation, it's advisable to consult with legal experts promptly.

Damages Available for Bicycle Accident Claims in FL

Bicycle accidents can result in a range of damages, both economic and non-economic.

• Economic damages may include medical expenses, rehabilitation costs, lost wages, and property damage (such as damage to the bicycle).
• Non-economic damages encompass pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium for family members.

In cases of gross negligence or willful misconduct, punitive damages might also be awarded to deter future misconduct.

What Happens If a Child Is Hit by a Car While Biking to School?

Allowing your child to ride their bicycle to school is a double-edged sword. On the one hand, you are granting your child a bit of independence—and saving yourself the hassle of the morning drop-off routine. But, on the other hand, you could find yourself worrying about your child’s safety as they bike to and from school every day.

Unfortunately, those fears are not unfounded. Florida consistently leads the nation in bicycle accident-related fatalities and, while children are not typically among the most-frequent victims of these accidents, child bicycle accident rates have recently shot up in the state. Even more tragically, children represent a disproportionate number of fatalities in bicycle-vehicle accidents throughout Florida. This is largely attributed to the fact that children are more likely to make mistakes when riding their bikes that could put them at serious risk.

As a parent, there is nothing more terrifying than learning your child has been injured in an accident. If your child was hit by a car while riding their bike to school or back home, your first priority is making sure they get the medical attention they need, followed by caring for their physical and emotional well-being in the wake of the accident. But what should you do from a legal standpoint? How can you make sure the driver of the vehicle is held accountable if you weren’t there to see what happened or get their information? What if the driver wasn’t at fault for the accident?

In child bicycle accident cases, the child can be found negligent if they are over the age of three, but children obviously cannot pay damages. In such cases, the child’s parent or guardian will be responsible for damages. However, in many cases, the driver of the vehicle that hit the child is legally liable. To bring a claim, you will need to prove that the driver acted negligently or wrongfully in some way, and that was the cause of your child’s injuries.

We strongly encourage you to reach out to our team at Politis & Matovina, P.A. if your child was injured or killed in a bicycle accident. Whether they were riding to school or simply biking around the neighborhood, they deserve safety. Our attorneys can help you understand what comes next and how you can seek justice on behalf of your child. We offer free consultations and contingency fees, meaning you do not pay anything unless we win your case.

Do I Need a Lawyer for a Bicycle Accident in Daytona Beach?

When dealing with the aftermath of a bicycle accident, the question of whether to hire a lawyer often arises. While it's possible to handle a claim independently, enlisting the expertise of a legal professional can significantly increase the chances of a favorable outcome. A lawyer with experience in bicycle accident cases can assess the situation, gather evidence, liaise with insurance companies, negotiate settlements, and, if necessary, take the case to court. Their insight helps level the playing field and ensures that victims' rights are protected.

Call (386) 333-6613 to Get Started on Your Case Today

With hundreds of millions won on behalf of our clients, we understand what it takes to do the same for your case. Our Daytona Beach bike accident lawyers can investigate your accident and collect the evidence necessary to develop an effective case strategy and obtain the most favorable outcome possible.