Bicycle Accidents
What are the most common causes of bicycle accidents?
Some of the most common causes of bicycle accidents that our attorneys see include distracted or inattentive drivers, speeding vehicles, vehicles traveling in designated bicycle lanes, motorists driving under the influence of alcohol and/or drugs, and vehicles failing to yield the right-of-way, especially when turning.
What should I do if I'm injured in a bike accident?
For cyclists involved in an accident, seek medical attention right away. Even if you don't think you're injured, it's important to get checked out by a doctor. Also, call the police to make a report of the accident, which can be helpful if you decide to file an insurance claim or personal injury lawsuit. Take pictures of the scene of the accident, including any property damage and injuries. Get the contact information of any witnesses to the bicycle crash. Contact Kobren Law at 561-361-8677 as soon as possible after your bicycle accident.
How can an attorney help me if I'm involved in a bicycle accident?
A bicycle attorney guides you through each step, allowing you to focus on your recovery. Kobren Law are attorneys specializing in bike accident cases. We investigate the accident by gathering evidence, interviewing witnesses, and working with accident reconstruction experts to build a strong case. We will handle all communications with insurance companies, advocating for your best interest, and ensuring you receive a fair settlement. If a fair settlement cannot be reached, we can take your case to court to fight for the compensation you deserve.
Who can be held responsible in my bike accident?
Liability in a bicycle accident depends on who was negligent or at fault. If a motorist caused the accident by speeding, failing to yield, or driving distracted, they may be liable. A government entity or property owner might be liable as well if the accident resulted from hazardous road conditions, such as unrepaired potholes. A contractor might be liable if they performed improper or unsafe repairs to a roadway. As a bike accident attorney based in Delray Beach, Florida, we can determine liability anywhere in Florida to pursue fair compensation.
Liability in bicycle accidents is usually determined by looking at various pieces of evidence to determine how the accident occurred and who was at fault. We investigate accident scene photographs, the police accident report (which may assign fault for the accident), or whether any party involved in the accident was cited for a traffic violation or criminal offense.
How common are bicycle accidents?
In Florida, bicycle accidents are common. In Florida, cyclists often must contend with high vehicle traffic and inadequate infrastructure, such as a lack of bike lanes. As cycling becomes more popular, particularly as a healthy recreational activity and a sustainable commuting option, safety continues to be a growing concern.
What insurance applies to bicycle accidents?
If you are on a bicycle and are involved in an accident with a motor vehicle, there are several options as to which insurance may apply. Assuming the driver of the motor vehicle is at fault, their bodily injury coverage would apply to compensate you for any damages you have. If you have UM coverage on your auto policy, stacking or non-stacking, that coverage would also apply if the driver's bodily injury coverage wasn't sufficient to fully compensate you for your injuries. You would also get $10,000 of medical coverage through the PIP coverage on your own auto insurance policy. If you don't own a motor vehicle or live with a relative that does, you would get that medical coverage through the driver's auto insurance policy.
What compensation is available to bike crash victims?
Victims of bicycle accidents may seek economic damages to cover tangible losses, such as medical expenses, lost earnings, and bicycle repair or replacement costs. Non-economic damages are also recoverable and address intangible harms, like pain and suffering, emotional distress, or reduced quality of life. Punitive damages may be awarded to punish the at-fault party in cases of egregious negligence, such as a drunk driver causing the accident.
How do e-bikes and scooters differ from bicycle accidents?
If you are on an e-bike or a scooter and are in an accident with a negligent motor vehicle driver, their bodily injury coverage would cover any damages you incur. As far as the other coverages, it will depend on the specifics of the e-bike or scooter. For low-powered e-bikes and scooters, you will likely be eligible for the $10,000 in medical coverage through your own auto policy or, if you don't own a motor vehicle and don't live with a relative that owns a motor vehicle, through the auto policy of the at-fault driver. As the engine size and/or maximum speed of the e-bike/scooter increases, you lose eligibility under the auto policies for medical coverage. However, if you carry stacked UM coverage on your own auto policy, that would also apply should the at-fault driver's bodily injury coverage not be sufficient to fully compensate you for your damages.
What if I am injured by someone that is riding a bicycle or e-bike?
Pedestrians and people riding bicycles can be injured in a collision with a bicyclist or e-bike rider. In situations involving a non-motorized bicycle, the at fault bicyclist's homeowner's insurance would provide bodily injury coverage for any damages you sustain as a result of the bicyclist's negligence. For e-bikes, the law is more uncertain. Some homeowner policies are starting to exclude coverage for e-bikes. Some homeowner policies contain lower bodily injury coverage limits for accidents involving e-bikes than for other types of accidents that are covered under homeowner's coverage. In Florida, there is no clear cut law as to when an e-bike is too powerful to be considered a bicycle and becomes a motorcycle. Many insurance companies will try to take advantage of this in limiting coverage on claims. This is why in any situation involving a bicycle or e-bike, it is important that you have Kobren Law on your side to make sure your rights are protected and the insurance company doesn't take advantage of you. Call us at 561-361-8677.
Do I need a bike accident lawyer?
Hiring a bicycle accident attorney is highly recommended for any situation involving injuries or disputes over fault. Bike crash attorneys understand complex laws, negotiate with insurers to avoid lowball settlements, and gather evidence to strengthen your case. They can also represent you in court if a lawsuit is necessary. Kobren Law works on a contingency fee basis, meaning you pay nothing upfront, and we only get paid if you win. Our skills can significantly increase your compensation and reduce the stress of handling the legal process alone. An experienced bike accident attorney can make a substantial difference. They investigate the accident, consult medical experts, and, if necessary, prepare for trial to pressure insurers into fair offers.