Bicycle Accident Lawyer Serving Ocala
Bicycle accidents often result in catastrophic injuries because riders have very little protection from impact. If you or someone you love was seriously hurt in a bicycle wreck, the experienced injury attorneys at Frankl & Kominsky can try to help you with your Ocala Bicycle Accident Claim. We will try to gather evidence, calculate your damages, and fight for the compensation you deserve.
Our personal injury lawyers have the experience and are available to try to take on even the largest insurance companies. Call (352) 269-5979 to discuss and your case in a free consultation.Do I Have Grounds for a Bicycle Accident Claim?
Florida’s subtropical climate makes it a haven for cyclists, but with more bikes on the roads comes a higher rate of bicycle accidents. From distracted driving to speeding to defective parts, there are many factors that contribute to these collisions. Unfortunately, not all accident victims have grounds to file a personal injury claim.
If you pursue a claim against the at-fault driver, it must be shown that the driver owed you a duty of care, breached that duty, and the breach of duty caused your injury or loss. All drivers have a duty not to engage in behaviors that put other people at risk. When a motorist breaks the speed limit, drives under the influence of drugs or alcohol, makes an illegal turn, or engages in other illegal or reckless behaviors, this constitutes a breach of the duty of care, also called “negligence.”
During your initial consultation, the accident lawyers at Frankl & Kominsky will ask questions to determine whether you have grounds for a claim and who might be liable for your damages. These questions will include:
- What caused your accident?
- Was the at-fault driver drunk?
- Do you suspect the at-fault driver was using his or her cell phone behind the wheel?
- Did poor road conditions play a role in the crash?
- What steps did you take to avoid the collision?
- Did you in any way contribute to the collision?
After determining that you have grounds for a claim, our legal team will investigate your crash to identify all potentially liable parties. Although this is usually the at-fault driver, there are many parties who may be liable for a bicycle crash, and it is often the case that multiple parties share a percentage of fault.
Depending on the cause of your accident, one or more of the following parties may be held liable for your losses:
- The at-fault driver;
- A negligent mechanic;
- A government entity; or
- The manufacturer of your bicycle’s parts or the vehicle’s parts.
There are many other parties who may be liable depending on the facts of your case. For example, if you were hit by a drunk or drugged driver, you may be able to bring a claim against the person who provided the drugs or alcohol to the at-fault motorist. If you were injured in a truck accident, you may have grounds for a claim against the trucking company, the owner of the truck, the person who hired the trucking company, or another party.Damages Recoverable After Bicycle Accidents in Ocala
Medical bills and lost wages can mount up quickly after a bicycle wreck. In severe cases, victims and their families have to invest in home modifications, home care, and ongoing diagnostic tests and treatment. Serious injuries can make it impossible to earn an income, and the psychological trauma can be debilitating.
Florida law allows victims of personal injury to pursue compensation for their economic and non-economic losses, as well as exemplary damages. Economic damages include verifiable losses like property repairs, lost income, lost earning capacity, home modifications, and healthcare expenses.
Non-economic damages are intangible losses. They include loss of enjoyment in life, loss of consortium, emotional distress, pain and suffering, and compensation for physical impairment or disfigurement.
If you were injured by a driver who acted with gross negligence or intentional misconduct, you may also be able to recover exemplary damages, or “punitive damages.” These are intended to punish the defendant for egregious behavior and to deter others from committing similar acts in the future.
Overlooking any of these damages could significantly reduce your monetary recovery. The accident lawyers at Frankl & Kominsky will try to address that your Ocala Bicycle Claim includes all potentially recoverable damages. If the insurance company refuses to offer a fair settlement, we are not afraid to take your case to trial.Discuss Your Case with an attorney serving Bicycle Accidents in Ocala Today!
After being injured in a bicycle accident, you shouldn’t have to focus your attention on anything but your health and your family’s wellbeing. Our personal injury attorneys are here to try to help you navigate the complex claims process and try to fight for the compensation you deserve. Call (352) 269-5979 or fill out our Contact Form to arrange a free consultation.