Attorney Eric Milles is a life long cyclist and advocate for bicyclist safety. Upon graduation from law school and employment as a lawyer, Lawyer Milles’ first major purchase was a Cannondale mountain bike to use as transportation and to utilize the many bike paths and trails around Tallahassee. The reality is that most bicycle accidents could be prevented. Car-on-bike accidents occur all the time and happen in many preventable ways. Bicycles on the roadway are, by law, vehicles with the same rights, and responsibilities as motorized vehicles. Unfortunately, all too often other vehicles on the road are not on the look out for bicyclists and cyclists. In 2012, 726 bicyclists were killed an an additional 49,000 were injured in motor vehicle traffic crashes. Drivers of cars, trucks, motorcycles and other motor vehicles need to share the road with bicyclists.
Florida’s three foot rule — Florida Statute § 316.083 provides “the driver of a vehicle overtaking a bicycle or other nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other nonmotorized vehicle.”
Florida Statute § 627.736 gives benefits to people “while not an occupant of a self-propelled vehicle.” If you are riding a bicycle, you are considered a pedestrian under the Personal Injury Protection (PIP) law. Therefore, if you are riding a bicycle you qualify for PIP. If you are hit by a motor vehicle (car, truck, etc.) while on a bicycle in Florida, PIP insurance may pay for some of your medical bills.
Unfortunately, bicyclists have no protection from collisions with objects or other vehicles. For this reason, bicycle accidents are more likely to lead to a catastrophic injury than other types of crashes. Possible bicycle accident injuries include:
Florida cyclists may be able to recover compensation for their injuries by filing an insurance claim and lawsuit if necessary.
Whether you need a bicycle accident lawyer depends on the circumstances. If you or a loved one suffered a serious injury during a wreck, then it is advisable to speak with an attorney. An attorney can help you collect evidence, such as a police report, witness statements, photographic evidence and video evidence. Additionally, an attorney can help you protect evidence that is important to your claim.
Some of the injuries listed above are life-altering. In the case of a person with a serious brain injury, he or she may never be able to return to work. Bicycle accident injuries may also require rehabilitation. In-home medical care and home modifications. It would be difficult to cover these out of pocket. However, compensation from a settlement or jury verdict can help cover these and other expenses.
If you or a loved one suffered harm during a bicycle accident, then an attorney can negotiate a settlement on your behalf. Additionally, an attorney can take your case to trial if it is necessary.
Like in many states, you need to demonstrate the other party’s negligence. Possible examples of negligent driving may include ignoring traffic signals or failing to maintain a basic duty of care to other drivers. You and your attorney would need to demonstrate the other party owed you a duty of care, violated that duty and caused your damages as a result.
In addition to accidents caused by other drivers, some cyclists may suffer injuries caused by defective products. Defective bicycle helmets and other cycling products may cause an accident or increase the severity of an injury. Injured cyclists or their families may also be able to file a lawsuit if a defective product caused an accident.
There are certain steps you should take after a bicycle accident if you are able. First, always seek medical attention. You could be injured and not realize it for hours or days. Seeking medical attention also establishes a record of your injuries.
Additionally, see if it is possible to gather the contact information from anyone who witnessed the accident. It may also help to write down what happened or take pictures. You should always call the authorities after any accident involving property damage or injuries.
Next on your list is to call a personal injury attorney. You should not wait to contact an attorney. An attorney can immediately help you begin the insurance claims process and can also protect crucial evidence.
Personal injury attorneys, including those who take bicycle accident cases, practice law on a contingency fee basis. This means you do not owe fees unless the attorney successfully recovers compensation. In addition, personal injury attorneys provide free consultations. You can call Milles Law at no cost to determine if you have legal options after a bicycle accident.
Tallahassee bicycle accident attorney Mr. Milles has pursued wrongful death lawsuits throughout the United States, including Florida, Georgia, Mississippi, Oklahoma, and Pennsylvania. Mr. Milles also represents families in Atlanta and South Georgia, including Thomasville, Moultrie, Valdosta, Albany, and Savannah. Mr. Milles represents injured Floridians in Tallahassee, Jacksonville, Pensacola, Panama City, Crawfordville, Apalachicola, Eastpoint, Quincy, Monticello, Tampa, Perry, Gadsden County, Jefferson County, Franklin County, Wakulla County, Bay County and Santa Rosa County.
If you or your loved one has suffered personal injury by a car on bike accident, please contact a Tallahassee bicycle accident lawyer at Milles Law now. If you are looking for Tallahassee personal injury attorneys, contact Tallahassee Lawyer Milles to find out about your rights.