Average Bicycle Accident Settlement in Florida
Apr 17, 2023 | Category: Bicycle Accidents |The popularity of bicycling as a form of commuting, recreation, exercise, and sport has increased over the years, with more than 48 million Americans participating in 2019. While bicycling provides countless benefits to riders in terms of efficiency, health, and the environment, with benefits comes risk. In fact, Florida recorded a record 6,678 bicycle crashes on roadways in 2019. Very few cyclists hit by a car walk away with minimal injuries. Florida law permits bicycle accident survivors to pursue a personal injury lawsuit for their injuries. Many personal injury lawsuits reach a settlement before trial. However, achieving a fair settlement for your injuries requires the help of an experienced personal injury attorney. Is There an Average Settlement for a Cyclist Hit by a Car? Wondering if there is an average settlement for a cyclist hit by a car? The amount of compensation a cyclist hit by a car can expect is subject to the outcome of negotiations and the specific details of the case. However, your personal injury attorney may provide insight as to what damages you may be eligible to recover in your lawsuit. According to the bicycle accident settlement examples listed on this page, the typical Florida bicycle accident lawsuit is anywhere from $100,000 to $600,000. Settlements depend greatly on the unique circumstances of each case which is why there is no accurate average settlement amount for bicycle accident lawsuits in Florida. Recent 2021 Bicycle Accident Settlements and Awards in Florida In these recent examples of settlement cases, here’s how much we were able to recover for victims of bicycle accidents. The unique circumstances of each case play a significant role in determining settlements, which is why it is important to contact us today to learn how we can help. $600,000 / Motor Vehicle/Bicycle Accident / Closed Head Injury Our client sustained a closed head injury while riding a bicycle when struck by a vehicle. $100,000 / Motor Vehicle/Bicycle Accident / Cervical Disc Fractures This tragic crash occurred when our client was riding his bicycle in the parking lot area of a public boat ramp in Clearwater, Florida. As he was riding, a large truck being driven by the defendant pulled out directly in front of our client. He veered to the right in an attempt to avoid colliding with the truck, however, his bicycle fell to the right as a result, and he hit the ground hard. Our client was rushed to the hospital where x-rays revealed serious, unstable fractures in the neck. Three days after the crash, our client underwent surgery to fuse the bones of his cervical and upper thoracic spine. Unfortunately, in this case, the negligent driver was uninsured. Our client did, however, purchase what is known as uninsured motorist coverage (“UM”) UM coverage is insurance that protects you by providing compensation if you are injured by a negligent driver who is either uninsured or underinsured for your damages. In seeking compensation for our client, we were limited to the amount of insurance our client had purchased. Based on our efforts though, we were able to recover all the available UM insurance for our client. If you’ve been hit by a car while on a bike, don’t wait any longer to seek the settlement you deserve. Contact us today to learn how we can help you get the compensation you need after a bicycle accident. Common Causes of Bicycle Accidents Bicycle accidents can occur anywhere. However, bicyclists are often disproportionately injured in these accidents compared to motorists. Without a car to shield them, bicyclists have no physical protection other than their helmets. Even on neighborhood streets and at low speeds, bicycle accidents result in severe and sometimes fatal injuries. Bicycle accidents may be caused by any number of factors. These factors are important because they are used to establish fault. Common causes of bicycle accidents include: While many bicycle accidents result from driver error, in some situations, bicyclists may be found at least partially at fault for an accident. Bicyclists should ride with caution at all times. However, when certain unavoidable conditions exist, such as dangerous weather or road conditions, bicyclists should raise their awareness to protect themselves from risk of bicycle accidents. How is Fault Determined? Florida is a modified comparative negligence state. This means that if you are found to be no more than 50% at fault for the accident, your recovery is reduced by the same proportion as your percentage of fault. As an example, if you are found to be 20% at fault in an accident, you may still recover 80% of your damages in a lawsuit. If, however, your percentage of fault is found to be more than 50%, you are barred from any recovery under the law. What Should I Do First? There are many steps to take after you suffer an accident on a bicycle. Knowing what to do immediately following a bicycle accident makes a difference in maintaining control and protecting your rights. Seek Medical Attention Even if you believe you have not been injured, seek medical attention. You may suffer injuries you are unaware of immediately following an accident. Medical records legitimately document your injuries and may increase the value of your bicycle accident settlement. Additionally, follow all required medical directions and recommendations for your recovery. Failing to follow through with prescribed medical treatment may negatively affect the value of your case. Document the Scene If physically able, write down every detail about the accident, including the following information: Take photos of the car that struck you, the license plate of the vehicle, your injuries, and damage to your bicycle. Additionally, exchange contact information with the driver. This includes a photo of their driver’s license and their insurance information. Call 911 Call and wait for law enforcement officials to arrive at the scene. Responding officers create accident reports. These reports provide crucial, unbiased information used in bicycle accident lawsuits and settlement negotiations. Additionally, law enforcement officials assess the scene and determine whether other factors may...
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