Bicycle Accident Lawyer Vero Beach, FL
Any bicycle accident lawyer in Vero Beach, FL can tell you that bike collisions kill or injure thousands of people every year. Many vehicle drivers have an idea that cyclists should not use public roads, and this is simply not true. By law, cyclists have the same right to use public roads as motor vehicles. Many motorists fail to understand the rules of the road, particularly those involving cyclists. Sadly, this way of thinking tends to result in accidents.
We know of many cyclists who were wrongfully accused of causing an accident because the rules of the road were not acknowledged. In general, if you were involved in a bike accident, you should not delay in having a bicycle accident lawyer Vero Beach, FL review the facts of your case.
Who is Liable for My Bike Accident?
Liability for a bicycle accident can depend on many factors, including the cause and who was involved. Some examples of liable parties include:
- The driver of a car – If a driver caused the accident, the cyclist may file a claim against their insurance company.
- Government agencies – When a cyclist was injured because of debris or poor road conditions, government agencies may be pursued.
- Manufacturers – Bike defects are possible. If a defect causes the accident, our lawyers may choose to pursue the maker, manufacturer, or distributor.
- Animal owner – In the event of an animal, like a dog, jumping in front of the cyclist, a claim could be filed against the owner.
If you believe a government agency is involved, it is prudent to take legal action right away. There are short deadlines and a special set of rules that must be followed. Our bicycle accident lawyers in Vero Beach, FL can help you to get started now.
Determining Liability in Bicycle Accidents
When the cyclist is completely at fault, they may be unable to recover damages. If the cyclist and another party shared fault, damages may be available at a diminished rate. Often the cyclist can receive damages that are reduced to the degree by which they are to blame. For example, if the cyclist is 25 percent at fault, they may lose 25 percent of their damages.
Winning a Bike Accident Lawsuit
In order to win a bicycle accident claim or lawsuit, it will be up to you to prove, by a preponderance of the evidence, that the defendant was negligent. There are four elements to negligence: duty, breach, harm, and causation.
In other words you must prove:
- The defendant owed you a duty of care;
- They breached that duty of care;
- You were injured because of the breach, and
- You suffered losses as a direct result of the breach and injuries.
Sometimes a bicycle accident lawyer in Vero Beach, FL will refer to the laws of negligence per se. In this case, proving negligence involves demonstrating the defendant violated a traffic law, such as speeding, and this violation caused the injuries.
To explore your legal options after a bike accident, call Tuttle Law, P.A. A bicycle accident lawyer in Vero Beach, FL would be happy to discuss the facts of your accident and help you decide how to proceed.