Bicycle accidents often happen swiftly. One moment, an individual is going about their day, perhaps on their daily commute, and next thing they know, they have been hit by a car. One moment of inattention can result in injuries that last a lifetime. With the stakes so high, it is important to hold responsible parties accountable, and that is where a personal injury lawyer can be a great help. A Clearwater bicycle accident lawyer can advocate for you and can work to ensure a positive outcome for you. If you have been involved in a bicycle accident, seek the legal counsel of a tenacious personal injury attorney.
On a bicycle, there is nothing surrounding the rider to protect them. There is nothing securing the rider to the vehicle, so if a bicyclist gets hit by a car, everything in the surrounding area can become a hazard, including sidewalks, trees, telephone poles, and even pedestrians. Additionally, if their body comes into contact with a car, there is a greater risk of brain injuries, bone fractures, sprains, and other internal injuries. If the victim sustains injuries from their accident, a Clearwater bicycle accident lawyer can advocate for them and advise them on the next steps to take.
There is no insurance requirement to ride a bicycle in Florida. Some insurance plans will not cover a person on a bicycle, but there are some insurance plans that will cover bodily injury in the event of a bicycle accident. Sometimes bicycle accidents are covered under the uninsured motorist clause of an insurance policy.
Common injuries that result from bicycle accidents are broken bones, sprain/strain injuries, traumatic brain injuries, neck and back injuries, herniations to the neck and to the back, torn tendons, torn ligaments, and more. People can be thrown from their bicycle and sustain serious injuries when they land.
In contrast to cars and motorcycles, bicycles are almost always totaled in a collision with a motor vehicle. Additionally, broken bones happen much more frequently in bicycle accidents because there is direct contact between the person’s body and the motor vehicle. Many times the cyclist will fall to the ground or they will be thrown from their bicycle, which can create even more severe injuries.
By taking pictures at the scene of the accident, a law enforcement officer can document where the bike landed, where the person’s body actually landed, and where the motor vehicle came into contact with the bicycle. Because bicyclists can be thrown long distances, a bicycle accident does not always end where the collision actually occurred. The long-term effects of these injuries can be expensive to treat. A Clearwater bicycle accident lawyer can help individuals who seek damages to mitigate these unanticipated costs.
Clearwater is a contributory negligence jurisdiction. Contributory negligence may be used by the insurance company to prove that an accident victim contributed to his or her own injuries. For example, if a person sustains a traumatic brain injury in a bicycle accident and they were not wearing a helmet, the insurance company may argue that the cyclist contributed to the harm and that, if they had worn one and followed helmet and traffic laws, they would not have ended up with an injury.
The most important thing a lawyer can do for someone that has been in a bicycle accident is to order and review the insurance policies of the driver and the cyclist to see what language is included regarding bicycle accidents. A skilled Clearwater bike accident lawyer will keep track of all the medical records and bills and submit them to the insurance company to make sure their client is reimbursed. In addition to medical expenses, a lawyer can help their client pursue compensation for pain and suffering their client has experienced as a result of the bicycle accident.
If the accident victim does not have a lawyer, it can be very difficult to put together a plan to prove their pain and the suffering to the insurance company and the court. It can be difficult to assign a value to these considerations. Unlike a medical bill or a lost wage, it is something a person has to prove with witnesses and with the testimony of the plaintiff.