A number of factors contribute to accidents between bicyclists and automobiles, trucks and buses. Such accidents are often the result of negligence on the part of the driver, not the cyclist. Some of the mistakes most often made by drivers include:
- Failing to yield the right of way
- Failing to provide enough room for the bike when passing
- Failing to see a bicyclist at an intersection
- Making a right or left turn into the path of a cyclist
When a bicycle collides with a car or truck that weighs 2,000 pounds or more, the odds of avoiding serious injury are, to put it mildly, not in the bicyclist’s favor. Broken bones, severe lacerations, head and/or spinal trauma, concussion, and paralysis are all fairly common. Severe injures such as these typically require expensive, ongoing medical treatment. Paying for this care can prove financially devastating to the victim as well as his or her family.
You do not have to bear the brunt of medical costs and other consequences of a bicycle accident alone. Fort Lauderdale bicycle injury attorney David Benenfeld can help you obtain compensation to cover medical treatments, medications, future medical treatments, lost wages, and more. Claims can be made against the driver of the vehicle, his or her insurer, even third parties whose negligence may have been partially responsible for the bike accident. If a member of your family has been killed in a bicycle accident, Mr. Benenfeld can help you obtain compensation for wrongful death and other damages.
To make the best possible case and maximize the chances of obtaining compensation, it is important to take a number of steps immediately after a bicycle accident. These include:
- Contact the police as soon as possible and insist that the responding officer file a bicycle accident report. If the officer will not file a report, do so yourself within 72 hours of the accident
- Seek immediate medical care for any and all injuries
- Obtain as much information as possible about the driver who injured you, such as the person’s name, address, phone number, insurance company, license plate number and other details about the vehicle that hit you
- If there are any witnesses to the bike accident, try to get their names and contact information
- If possible, use your cell phone to take pictures of the scene of the accident, your bicycle, your injuries and the other vehicle
- Contact experienced Fort Lauderdale bicycle accident lawyer David Benenfeld before you talk to the insurance company representing the driver who injured you
Frequently Asked Questions (FAQ)
Who can I obtain damages from after a bicycle accident?
The negligent driver of the car, truck or bus that injured you, their insurance companies, and third parties who may have been at fault in causing your bike accident. These may include the manufacturer and retailer of your bike, the city, county or state responsible for maintaining roads and other public property, and owners and insurers of dangerous private property.
What types of damages can I obtain?
You can obtain compensation for medical injuries, lost wages, and pain and suffering. Compensation for injuries can include costs associated with hospitalization, multiple surgeries, medications, doctor’s visits, ongoing physical therapy, treatment for depression or anxiety, and more.
What if a member of my family was killed on a bicycle?
In this situation, you can seek compensation for wrongful death from the driver who killed your family member and his or her insurance company. This could include all of the above medical expenses as well as funeral costs, lost wages, loss of future wages, and more.
What if I was partially at fault for the bicycle accident?
You can still obtain compensation for your injuries, minus the percentage of fault. For example, if you are awarded $100,000 for your injuries but were 20 percent at fault for the bike accident, you would receive $80,000.
Do I need an attorney to represent me?
It is a good idea to hire an attorney for all of the following reasons:
- Obtaining damages for personal injuries involving bicycles is extremely complicated
- You improve your chances for receiving proper medical treatment by hiring an attorney
- The advice of an experienced attorney can help protect you against receiving an unfair or inadequate settlement
If a representative from the at-fault driver’s insurance company contacts me, what should I do?
You must understand that the person who calls you from the insurance company representing the driver of the vehicle is only interested in minimizing the amount of damages they pay out to you. If you speak to them, you may end up saying things that can jeopardize your case. Before talking to any insurance agent representing the person who injured you, contact experienced Fort Lauderdale bike injury attorney David Benenfeld.