Riding a bicycle offers people an efficient and healthy way to avoid driving. The laws in Florida grant these riders the same rights and obligations while on streets and roads as all other travelers, including the ability to demand compensation following an accident for which another party is responsible. On top of the obvious physical injuries, many bike riders find themselves facing emotional traumas and financial damages that affect every portion of their life..
A Winter Garden bicycle accident lawyer could help injured bike riders to pursue an effective claim that demands appropriate payment for losses.
The core of any bicycle accident case is a physical injury. In fact, a case cannot proceed unless a plaintiff can demonstrate that they sought treatment for a medical condition because of the incident.
These injuries tend to be severe, since a bike rider has little protection from the immense forces in a collision with a car. Even a minor tap can send a rider falling to the ground. This can result in severe cuts or scrapes. Crashes that occur at higher speeds can result in:
A claim for damages following a bike accident in Winter Garden should include reimbursement for the costs of all associated medical care.
However, while physical injuries form the core of a claim, they are not the only potential sources of compensation. A rider may also experience emotional harm because of the event. If an accident causes a person to suffer PTSD, flashbacks, or nightmares, proof of these symptoms can also be the basis for payment.
Finally, plaintiffs must also consider the financial ramifications of the accident. If the crash forces a victim to miss time at work, the claim should demand payments for these lost wages. In the most extreme examples, a crash may result in a rider never being able to earn a living again. A Winter Garden attorney could pursue claims that paint an accurate picture of an injured bicyclist’s losses.
No matter how serious a bike rider’s injuries may be, they cannot collect any payments if they cannot prove that a defendant driver was at fault. Because most collisions between bicycles and cars are accidents, plaintiffs will need to prove that the driver was negligent.
Claims that center around negligence rely on the fact that drivers assume a responsibility to protect all others that they may encounter while behind the wheel. This duty extends to bike riders who may be operating on Winter Garden roads. Drivers must take appropriate caution to yield to bike riders when required, to not tailgate, and to properly signal all turns.
These same obligations also apply to bike riders. In exchange for the ability to ride on public streets, bike riders must also follow the same traffic laws. When considering who was at fault for a collision, courts will use the concept called modified comparative negligence to assign blame. According to Florida Statute § 768.615, courts must reduce a victim’s award after trial by the percentage of blame that the victim carries for the accident – with assigned fault of more than 50 percent completely barring recovery. As a result, a bicycle accident lawyer could help prove defendant fault for a collision and fight back against allegations of comparative negligence that may reduce an injured plaintiff’s compensation.
Bike riders have the same rights and obligations on Winter Garden roads as all other travelers. This includes the chance to demand compensation following an accident for which a defendant driver was responsible. However, this also requires a biker to prove that their actions did not contribute to the incident.
A Winter Garden bicycle accident attorney could help injured bicyclists pursue claims for appropriate compensation. Proving a claim of negligence against a defendant driver following a crash is crucial to your financial well-being. Let The Umansky Law Firm Criminal Defense & Injury Attorneys fight for your future. Contact us now to schedule an appointment.
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