Tarpon Springs has 1,000 bicycle trails providing safe, scenic, riding, but city traffic puts cyclists in harm’s way. Bicycle accidents happen more often than some might think. Riders who are injured and the families of riders who are killed will need the services of a Tarpon Springs bicycle accident lawyer.
A capable personal injury lawyer can offer a free, no obligation consultation, which is the first step in claiming damages to pay for expenses incurred from the accident. A Tarpon Springs bicycle accident lawyer can work to ensure that the injured party receives the help, in the form of damages, that they need to navigate these changes.
Common Causes of Bicycle Accidents
Aggressive or erratic driving such as failing to yield the right-of-way, running red lights, speeding, and distracted or impaired motorists cause many of these accidents, and the majority of them happen during dark hours on weekends, the report stated.
Bicyclists can also cause collisions with motor vehicles, fixed objects, and roads with potholes and other defects. Riding toward oncoming traffic is illegal and may result in an accident with a vehicle that is turning.
Florida’s Negligence Statute
Determining fault in a bicycle accident is Florida’s comparative negligence standard. The law penalizes all parties who have some of the blame by reducing the monetary damages award by the percentage of fault they bear.
Fault is assigned to any party who broke a law. Those who did not violate the law and therefore did not share fault may claim all damages.
Negligence is proven by meeting the law’s four elements.
- Duty of care: Drivers and cyclists have a legal obligation not to cause harm or property damage to another person
- Breach: Duty of care is violated by committing an act or by failing to act in a situation
- Causation: Breaching duty of care caused the accident. This element includes approximate causation, meaning that the accident had an unforeseeable result. For example, a motorist hits a cyclist from behind knocking the bicycle into a crosswalk, breaking the leg of a pedestrian
- Damages: Actual monetary damages resulted
Role of a Tarpon Springs Bicycle Accident Attorney
A Tarpon Springs bicycle accident lawyer can begin building the case by reconstructing the accident using statements from the cyclist and the motorist, police reports, witness accounts, physical evidence such as photographs taken at the scene, medical expenses, and other bills. Statements of the parties involved are taken during depositions, the legal process in which parties are interviewed under oath to be introduced as evidence.
The lawyer will assemble all expenses incurred from the injury and construct the damages portion of the case. Damages include medical and therapy expenses, pain and suffering, loss of current and future income, loss of consortium, and others that apply. In fatal accidents, the victim’s lifetime of earnings are calculated and funeral costs are documented. Many personal injury cases are settled between the parties. The lawyer will aggressively negotiate with the defendant’s insurance company, which will try to limit the damages, to achieve a satisfactory settlement.