Personal Injury Law

Florida Bicycle Accidents and No-Fault Laws

By Flaxman & Lopez

Florida has the unfortunate distinction of being one of the top states in the nation for bicycle accidents. According to the National Highway Transportation Safety Administration (NHTSA), there were 716 bicycle accident fatalities across the country in 2008. An addition 52, 000 people were injured due to bicycle accidents that same year across the US. In 2008, Florida saw 125 fatal bicycle accidents. The majority of these accidents were Florida car accidents involving bicyclists. In addition to these fatalities, many thousands of Florida brain injuries, spinal cord injuries, and other serious injuries were caused by bicycle accidents.

In Florida, there are many risk factors and causes of bicycle accidents. In many cases, motorists do not exercise caution or fail to see a bicyclist before a collision. In some cases, motorists make left-hand turns before a bicyclists and hit the bicycle. Sometimes, street design plays a role in these accidents, with poor visibility and many blind spots for bicyclists. Some bicyclists also make mistakes ? such as not using caution or signaling incorrectly ? which lead to collisions.

Unfortunately for bicyclists, there is a vast inequality between cars and bicycles in a collision. In Florida bicycle accidents, drivers are generally unharmed while bicyclists often suffer fatal or life-threatening injuries. Unfortunately, many Florida bicycle accidents involve child bicyclists who are smaller and therefore more vulnerable to serious injury in these accidents.

Florida is a no-fault accident state when it comes to car accidents. This means that when a Florida car accident involving a bicycle occurs, the bicyclist can file a claim under their insurance policy to cover damages. In most cases, a bicyclist can recover about 60% of lost income and 80% of medical costs as well as some related costs. If the bicyclist does not have car insurance, he or she can receive coverage under the motorist?s car insurance.

In cases where a bicyclist has suffered a serious injury and were a motorist was at fault, the bicyclist can seek a legal claim against the driver and his or her insurance policy. Since Florida is a no-fault state, however, a good Florida personal injury attorney is required in order to prove that injury was severe and that the motorist was at fault. A good attorney can also help investigate the accident to determine whether there are other liable parties. For example, if the bicycle or car had a defect that contributed to the collision, the bicyclist can also file a Florida product liability claim to recover more lost income and medical expenses.

Full post as published by Florida Injury Lawyer Blog on October 28, 2010 (boomark / email).