Miami is rated as the eight-most bicycle friendly city in all the United States. However, this ranking has nothing to do with actual safety conditions in the city. Instead, it comes from all the money spent on bike-related projects. Miami actually has one of the higher fatality rates in the country for bicyclists. A combination of bad traffic and careless drivers makes the area dangerous for bicyclists.
Drivers often do not know or care about their obligation to share the road with bicyclists. As long as bicyclists can keep up with traffic, they are entitled to a lane. Drivers are forbidden from getting within three feet of bicyclists. In reality, this is a law that many motorists do not follow.
Many Motorists Do Not Follow Road Laws
On the topic of motor vehicle laws, many drivers also do not heed statutes that forbid the use of hand-held devices and texting while driving. This is one of the leading causes of bicycle accidents as drivers often do not see people on their bikes until it is too late.
However, just because you have been hit as a bicyclist does not mean that you are automatically entitled to financial compensation for your injuries. There is an entire process that must be followed first. The threshold showing that you must make is that another driver was negligent. Otherwise, they cannot be made to pay. Proving negligence involves a four-part test. The elements are:
- Duty of care
- Breach of duty
- Injury
- Causation
In a bicycle accident case, the facts matter. In particular, you need to prove that someone else acted unreasonably under the circumstances to show that they breached their duty. This is where you need more than just your account of what happened. You must have evidence and someone who can relay the facts.
How the Insurance Company May Try to Keep Your from Recovering
The insurance company may try to blame the bicyclist for the accident. They may argue that the bicyclist turned in front of the car or did something else that was negligent. This is a way to get out of paying for the accident. When the other driver really was at fault, you need evidence from the accident to prove it. You must prove that the driver was at fault to receive the full recovery for the accident.
How a Bicycle Accident Attorney Helps You
At the same time, the insurance company may be trying to work against you when they know that you are injured and can do little about it. Hiring an attorney could help keep the insurance company from compromising your legal rights. Your bicycle accident attorney could do the following:
- Investigate your crash and compile the evidence that you need to back your side of the story
- Handle all the administrative details of your case including emails and other communications
- Negotiate on your behalf with the insurance company in an attempt to reach a settlement
- File a lawsuit in court if you cannot reach a settlement agreement
These are all things that injured accident victims cannot readily do on their own. They do not have the capacity or the knowledge of the legal system to fight for their own legal rights effectively. In the meantime, the insurance company has an army of knowledgeable professionals whose job it is to save them money on claims.
Getting the Medical Attention You Need
Your long road after an accident begins with getting the medical treatment necessary to recover. You can come to the doctors at 388CEDA for the following diagnostic services:
- Computerized Tomography
- MRIs
- Nerve Conductive Studies
- Chiropractic treatment
- Interventional medicine
- Orthopedic treatment
Seeing a doctor soon after your injury is a must and our healthcare professionals can also provide you with thorough and accurate documentation of your injuries and the treatment those injuries received.
Recommending Experienced North Miami Beach Bike Accident Attorneys on Request
With your attention focused elsewhere, you may delay the legal process because it involves looking for an attorney. Allow 388CEDA to help you here too. Just ask us for a recommendation, and we can suggest a North Miami Beach bicycle accident attorney. We can make your life easier when someone else’s carelessness has upended it. Call us today at 1-800-388-CEDA to learn about the many services that we offer and how we can assist you.
*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.
