Bike riders must share the road with motorists, who often disregard the rights and safety of bicyclists. When a bicyclist is involved in a crash, he or she may suffer significant injuries. The bike accident lawyers at Frankl Kominsky in West Palm Beach represent victims of these serious crashes. Our experienced team of litigators can effectively pursue your claim for damages if you were struck by a car or truck while riding a bicycle. We never settle for less, and we can help enhance your chance of securing an outcome that satisfies you.File a Negligence Claim After a Bike Accident
Bike accidents occur on a daily basis in Florida. Since we can enjoy warm weather all year, many residents of our state use their bikes for recreational purposes and as a mode of transportation. Unfortunately, this also increases the likelihood that a bicyclist will end up in a crash. According to the Department of Highway Safety and Motor Vehicles, there were 6,425 bike accidents in Florida in 2012. Over 6,000 bicyclists were injured in crashes, of which 116 tragically lost their lives.
Bike accidents are often caused by a careless driver. If you were struck while riding your bike, you may consider filing a lawsuit against the driver whom you believe is responsible for your injuries. You can potentially recover damages from the defendant in your case if you succeed in this claim. If a careless motorist collided with you, you can base your lawsuit on a theory of liability known as negligence.
All motorists in West Palm Beach must exercise care when they drive. Bicyclists have the same rights as motorists, but car and truck drivers often do not treat them the same way. When a person or entity has a legal obligation to exercise care, but fails to do so and causes injury, that person may be held accountable.
The four elements of a negligence lawsuit require a victim to show that:
- The defendant had a duty to use reasonable care;
- The defendant violated this duty of care by his or her actions or omissions;
- Those actions or omissions caused the accident in which the victim was hurt; and
- The victim incurred damages as a result of his or her injuries.
For example, a driver is negligent if he or she changed lanes without checking blind spots and struck your bicycle as a result. If you can demonstrate a connection between the driver’s breach and your injuries, you may be able to hold the driver liable for damages.
Like people who operate any other vehicle, bicyclists must also exercise care on the road. If the defendant in your case claims that you were also negligent, this will not bar you from recovering damages. The amount you can recover, however, will be diminished in proportion to your degree of fault. In Florida, you can seek damages for your injuries even if you are mostly responsible for causing the accident. A court will decide the negligence of each party. You can then pursue damages that are proportionate to the defendant’s degree of responsibility.
A bike accident may leave you with substantial physical injuries, as well as property damage. You can potentially recover compensation for any medical bills, property damage, pain and suffering, lost income, and more. You have two years from the date of the collision to file your claim, or Florida law may prevent you from initiating a lawsuit.Discuss Your Accident Case With Tenacious West Palm Beach Lawyers
Serving all of Palm Beach County, the injury attorneys at Frankl Kominsky are prepared to aggressively assert your rights if you were harmed in a bike crash. Our attorneys are committed to providing our clients with sensitive, detail-oriented advocacy in each of their cases. We can go over the facts of your case, answer any of your questions, and discuss how you can assert your right to compensation for any injuries related to a bike accident. Call us at (855) 800-8000 or Contact us online to schedule a free initial consultation. We proudly serve clients across Palm Beach County, including in Boca Raton, and Delray Beach. We are fluent in Spanish and Creole.