When you get on a bicycle to go for a ride, you expect to get some exercise, possibly get to a particular destination, and enjoy the outdoors. You don’t expect to become the victim of an accident whose next destination is the emergency room.
Next thing you know, you are trying to recover while continuing to receive medical bills and wondering if and when you can return to work. You may have broken bones, soft tissue injuries, internal bleeding, or neck and spine problems. You’ll need diagnostic tests and a medical team to treat and appropriately document your injuries.
If the unexpected happened to you, the services of an experienced Kendall bicycle accident lawyer can surely help. 388CEDA can recommend bicycle accident lawyers upon your request. The person who caused your accident may owe you compensation to help with your financial and other concerns.
Bicycle Accidents Caused by Negligence
Negligence is a legal concept. Someone is negligent when they fail to take the same action that another reasonably prudent person in similar circumstances would have taken. For example, based on common sense and the rules of the road, drivers should stop for bicyclists crossing the road, especially if they are in a crosswalk. A driver who doesn’t stop is negligent and therefore liable for any injuries their actions cause.
However, negligence on its own does not give merit to an injury case; it is when that negligence causes injuries and damages that a lawsuit may be warranted.
At 388CEDA, we can help you find a reputable Kendall bicycle accident attorney who can help you prove the following elements of negligence in your case:
● The at-fault party owed you a duty of care such as driving safely and paying attention
● The at-fault party violated that duty by speeding, texting, or some other means
● The at-fault party’s violation of their duty caused the accident, which caused your injuries
● Your injuries caused your damages such as medical bills and pain and suffering
Comparative Negligence
If you didn’t wear a helmet or were riding somewhere you shouldn’t have been you might be worried that you could be to blame for some of your injuries. Florida uses the comparative negligence legal framework to determine if and how much fault an injured individual might have.
Under Florida’s pure comparative negligence law, your negligence doesn’t have any threshold requirement to meet to receive compensation. You can still claim and receive damages even if your fault exceeds the at-fault party’s responsibility for your accident.
For example, suppose it’s determined that you are ten percent liable, and the at-fault party is 90 percent liable for your bicycle accident case worth $100,000. In this case, you would receive $90,000 instead of the full amount based on their liability.
Do Kendall Bicycle Accident Cases Settle out of Court?
Litigation is sometimes a long and emotionally taxing process for injured persons. It is also expensive and time-consuming for the at-fault party, their insurance companies, and legal counsel. For these reasons and many others, both parties often negotiate a settlement before going to trial.
A settlement is an agreed-upon amount of money that the at-fault party pays the injured party to drop their claim and not take it before a jury. In return for the settlement, the injured party agrees never to file a lawsuit for the same accident and at-fault party again.
You aren’t required to accept a settlement. Still, you should consult with your bicycle accident lawyer in Kendall to determine your best course of action. Going to trial can be risky for both parties. You could receive more compensation quicker if you accept a fair settlement offer.
Reach Out Us for Help Finding a Reputable Kendall Bicycle Accident Attorney
To recover from your injuries and be in good health, you seek medical care and advice. At 388CEDA, we can further assist you by recommending attorneys upon your request. To recover from your financial and other non-physical setbacks, it is wise to seek legal assistance and to adhere to the advice of a knowledgeable Kendall bicycle accident lawyer. We’re here for you every step of the way after you’ve been injured in a bike accident. You can learn more about how 388CEDA can help you by calling us at 1-800-388-CEDA today.
*388CEDA is not a law firm or an attorney referral service. 388CEDA does not provide legal advice, services, or legal representation to anyone including but not limited to visitors to this site or individuals/persons responding to our advertisements. In Florida, 388CEDA provides the following types of physician services: M.D., Orthopedic Surgeons, Anesthesiologists, General Practitioners, Nurse Practitioners, & D.C., Chiropractic Physicians that document and treat individuals that have suffered injuries. Results may vary and are not guaranteed. If you have any questions or need assistance, please call one of our agents at 388CEDA. We work with experienced attorneys.
