Bicycling is a healthy and convenient way for cyclists to get exercise and travel from one place to another. However, bicyclists can find themselves in harm’s way when negligent drivers cause accidents on the road. It only takes a moment of carelessness by a driver to cause lasting damage to a cyclist. If you or a loved one was injured in a collision while biking, an experienced bicycle collision attorney can help you seek compensation.
Proving negligence in Boca Raton bicycle accident cases depends on the facts and evidence involved. With skilled legal help, you can prove fault and pursue compensation for your losses. Contact Your Damage Lawyer to schedule a consultation and learn more.
Accidents involving bicycles happen all too often, and for many reasons. Proving negligence in bicycle accident cases in Boca Raton may depend on those reasons. Common factors in biking accidents include speeding, reckless driving, and drunk driving. Injured victims can use these facts to support their claim for damages.
Often, proof of a criminal or civil traffic violation can support a claim for negligence. If these or any other factors play a role in a bicycle accident, an attorney can review the evidence involved, determine who is liable under state law, and build a strong case to prove negligence and collect damages.
To prove negligence in a bike crash claim, the plaintiff will need to demonstrate four elements. The driver (or other at-fault party) must have owed a duty of care to the accident victim. They then must have breached that duty by acting carelessly, recklessly, or creating some other risk of harm. The victim must have suffered injuries and damages as a result. This may be in the form of medical costs or other losses.
In Florida, motorists have a heightened duty of care to bicyclists. Under Florida Statutes § 316.083, drivers must give at least three feet of space to bicycles and other nonmotorized vehicles when they approach and pass. When drivers fail to follow safety guidelines under state law, law enforcement can cite them for traffic infractions, and they can be subject to civil liability.
To prove fault in a Boca Raton bicycle collision case, lawyers will need to gather evidence that supports the claim. Such evidence can include:
When you hire an accomplished attorney, their legal team will assemble all relevant evidence that can prove the at-fault driver caused your injuries. Once your lawyer proves negligence, they will seek damages such as medical expenses, lost income, pain and suffering, and other serious losses.
Florida uses a modified comparative negligence system under Fla. Stat. § 768.81. This means that an injured victim can only recover damages if they were 50 percent or less at fault for the crash. The court can reduce a victim’s compensation in proportion to their share of fault. For these reasons, it is important to hire an experienced attorney who will highlight the other party’s percentage of fault and maximize potential compensation.
Bicycle accidents can happen suddenly and leave cyclists facing medical bills, lost wages, pain and suffering, and other losses. Proving negligence in Boca Raton bicycle accident cases is necessary to collect the compensation you deserve. Call Your Damage Lawyer now to schedule your free consultation.
