Melbourne Bicycle Accident Lawyer

Bicycle Accident Lawyer Melbourne, FL

As a trusted bicycle accident lawyer in Melbourne, FL understands, when a person riding a bicycle is hit by a vehicle, they can suffer serious, catastrophic, and life-changing injuries. Because the person on the bicycle has no protection except for a helmet, they are at serious risk for getting smashed into an object or flying off of their bike and hitting the pavement. If you have suffered from injuries while riding your bike and another person is responsible for your injuries, reach out to the team you can rely on from Tuttle Larsen Injury Attorneys, P.A.

I might have been partially responsible for the accident. What can I do? 

If you are concerned that you were partially responsible for the accident and you are worried that you will not get compensation for your injuries, speak with your lawyer. Florida falls under the contributory negligence law which means that if the victim of an accident was partially responsible for it, they can still claim a certain amount of compensation. For example, if you were riding your bike and did not use the appropriate signal to change lanes in traffic, another car may have hit you. While you would be partially responsible for the accident, it is also the responsibility of the driver to be aware of their surroundings and take additional care when driving around a bicyclist.

That said, your Melbourne, Florida bicycle accident lawyer will tell you that if you are found partially responsible for the accident, the amount of compensation you will receive will be lower than what it would have been had you not been partially responsible for the accident.

Most Common Personal Injuries While Riding A Bicycle 

Riding a bicycle is a great way to exercise while being in contact with nature. Moreover, bicycles are an environmentally friendly means of transportation. There are several health benefits of regular cycling such as decreasing body fat levels; promoting dopamine production; improving physical condition; strengthening legs, back, and joints; strengthening the immune system; and improving mental health, which helps reduce the risk of depression. It also promotes environmental benefits such as reducing your carbon emissions.

Even when everything about riding a bicycle seems to be beneficial, there is a very important factor that must be considered… “Safety.” Riding a bicycle comes at a risk, especially when riding in not well-lit areas and roads without a dedicated cycling path.

When cyclists are in an accident involving a motor vehicle such as motorcycles, cars, or trucks; they are more vulnerable and the risk of getting hurt is significantly higher. Despite the use of personal protective equipment such as helmets, knee and elbow pads, and lights; a bicycle will not provide the same level of safety as a motor vehicle.

The most common injuries in a bicycle accident are:

1. Brain injury. This injury is one of the most serious and can occur when a cyclist is impacted by a vehicle, causing a blow to the head that causes a brain injury. These injuries are serious and can be fatal. If the injuries are not fatal, they may take a long time to heal, and in some cases, may never fully heal. This can result in a permanent change in the victims’ lifestyle and their families.
2. Spinal cord injury. When victims experience a spinal cord injury, the movement of extremities could be affected. The victims’ nerve connections between their brains and limbs are not communicating. These injuries commonly require surgery to fix or reestablish said connections. These types of injuries require rehabilitation therapies and full assistance from a specialized medical team and family members. These are serious injuries and the full recovery of the victim is not guaranteed.
3. Fractures. With an expected impact, the cyclist falls several meters and hits the surface, which can cause fractures of hips, ribs, arms, shoulders, and other bones. Fractures can be life-threatening if a fracture damages other tissues such as skin, nerves, muscles, or organs.
4. Superficial injuries. These injuries can be due to the impact against the vehicle or friction with asphalt, dirt, stones, glass, metal, etc. Usually, the injuries are in the victim’s most exposed body areas such as legs, arms, and face.
5. Bruises and bumps. A cyclist can suffer from mild to severe bruising after being struck by a motor vehicle. If the cyclist is thrown off the bicycle, bruises and bumps may be the result of the collision with the vehicle or the impact of the fall against hard surfaces.

5 Ways To Stay Safe While Cycling

As a cyclist, you have the same rights as any driver on the road. However, when in an accident with a vehicle, you are more likely to suffer severe injuries. While calling a bicycle accident lawyer in Melbourne, FL, can help you recover after an accident, understanding how to protect yourself can be just as valuable.

Check for Equipment Problems

If your bike malfunctions on the road, it can contribute to an accident. Check your bike before you ride to ensure that the equipment is working correctly. Your lights and reflectors should work and be visible to drivers. Make sure your gears and chains have no fractures or other defects. Inflate your tires ahead of time, if necessary.

Wear Appropriate Gear

Drivers may have difficulty seeing you at night if you don’t have reflective gear. Often, accidents occur at intersections when the driver cannot see the cyclist. While you should always have reflectors on your bike, you can also wear bright and reflective clothing to improve your visibility.

If you wear a helmet, it can reduce your risk of severe injury by 70%. Head injuries are the most common cause of fatal accidents, where 97% of victims were not wearing a helmet. When you wear a helmet, you reduce your risks.

Be Careful of Distractions

While most people know that distractions while driving can be dangerous, they don’t always recognize how dangerous it is on a bicycle. Do not use electronics while on your bike; keep your phone in your pocket or bag to avoid the temptation to check for texts or phone calls.

When it comes to water bottles, make sure you can use one with one hand. You shouldn’t take both hands off of your handlebars. Your eyes need to stay on the road and your attention should stay on the surroundings.

Use Hand Signals

Do you know the bike hand signals? If you aren’t familiar with them, you should learn them as soon as possible. Hand signals help you communicate with drivers and others on the road. Drivers cannot predict what you’re going to do before you do it/ When you have hand signals, a driver will know when you want to turn or go straight.

Keep Your Hands in Place

While you may think you have the best balance, you should not remove your hands from the handlebars. When sharing the road with other vehicles, you cannot react quickly to unexpected events. For instance, if there is a pedestrian in the road, you may not have an opportunity to turn quickly enough if both of your hands are off the handlebars.

Bicycle Accident Infographic

4 Things To Do After a Bicycle Accident

If you are a cyclist, you need to take extra precautions when riding. Many bicycle accidents are preventable if you pay sufficient attention to your surroundings. While some roads have bike lanes, many more do not, increasing the risk to you. Aside from wearing a helmet to protect against brain injury, there is little else protecting you in the event a car does hit you, or if you hit a pothole or debris.

According to Outside Magazine, in 2020, there were more than 697 bicycling accident deaths in the United States, which seems to be an improvement in the fatality rate, keep in mind that there was far less vehicular traffic on the roads for months at a time during pandemic lockdowns. Here are four things a bicycle accident lawyer in Melbourne, FL, such as Tuttle Larsen Injury Attorneys would suggest you do after a bicycle accident.

1. Seek Immediate Medical Attention.

Often after an accident, people are confused and disoriented. The adrenaline coursing through their veins makes them think they are not injured badly, as it can mask pain for up to an hour. Some injuries you may sustain in your accident are cuts, bruises, abrasions, strains and broken bones. They could range from minor road rash to severe compound fractures.

If you suspect a back or neck injury, do not move or allow others to move you. Spinal and neck injuries could leave you paralyzed if not secured properly by medical personnel. Unless there is an imminent danger, such as a car going up in flames or oncoming traffic, leave the injured cyclist where they are.

2. Write Down as Much as You Can Remember

Once your medical needs are attended to, take some time to write down everything you can remember about the accident. Were you in the bike lane? Did you signal your intention to turn? Where exactly were you when you were struck? What did the car that hit you look like? Did you see the driver? What did they look like? Any detail could help your bicycle accident lawyer in Melbourne, FL, set up a personal injury case for you.

3. Speak With a Bicycle Accident Lawyer in Melbourne, FL

Your bicycle accident attorney can help determine if you have a case against the driver who struck you or the municipal entity that may have allowed poor road conditions to exist that caused your accident. Your attorney from Tuttle Larsen Injury Attorneys can also advise you on pursuing punitive action against those people or entities.

When you have been injured in a bicycle accident, you want to know that you are doing everything you can to get fair compensation for the injuries you are suffering from. If you need help with your bicycle injury claim, reach out to Tuttle Larsen Injury Attorneys to speak with a bicycle accident lawyer in Melbourne, Florida.

Compensation to Seek in a Bicycle Accident Case

If you are involved in a bicycle accident, you need to know what kind of damages you may be eligible to seek in your case. Some of the obvious include medical bills and the cost of repairing or replacing your bicycle and other personal property that was damaged or destroyed in the accident. There are several other things you may be entitled to collect, however. One of the most important to consider is filing for lost wages due to missed work. If you are unable to go to work or make a living for a certain amount of time, you should absolutely be compensated for this. After all, if you had not been involved in the accident you would not be trying to rebuild your life again. Rather, you would still be working and living your normal life. Having a big accident like this happen due to someone else’s negligence is difficult and traumatizing. This is why you should have all of your expenses covered, and may even be eligible for damages from pain and suffering that occured due to the accident.

Why Having a Lawyer on Your Side Is So Important 

An experienced bicycle accident lawyer in Melbourne, Florida can really help you with your case. Not only will a lawyer know what kind of damages to file for, but he or she can also come up with solid arguments to use to bolster your case in court. Your lawyer will ensure that you do not miss any filing deadlines and will fill out all of the necessary paperwork properly. Do not wait to contact legal representation for your case. You do not need to focus on it immediately, but you should retain assistance so your lawyer can investigate everything and ensure all of the necessary deadlines are met. Most of the time, a personal injury case is completely risk free, as speaking to a lawyer for a consultation is free, then you only pay your lawyer if he or she wins your case for you. This is because lawyers often work on a contingency fee basis for personal injury cases, which means that he or she will only take a percentage of the winnings if they win your case. Reach out today to learn more!

Melbourne Bicycle Accident FAQs

What Should I Do After A Bicycle Accident?

Yes, taking the right steps after a bicycle accident is important for your safety and legal rights. Seek medical attention first, even if injuries seem minor, as some injuries may not be immediately apparent. Report the accident to the police and obtain a copy of the report, as it will serve as important evidence if you file a claim. Gather evidence at the scene, including photos of your bike, the vehicle involved, road conditions, and any visible injuries. Collect witness statements and contact information to support your case. Avoid discussing fault with the driver or insurance adjusters until you speak with your legal counsel. Contact our Melbourne, FL bicycle accident lawyer with Tuttle Larsen Injury Attorneys, to discuss your legal options and determine the best course of action for your claim.

Can I Sue If A Car Hit Me While I Was Biking?

Yes, you can pursue a claim if a car hit you while you were riding your bicycle. Florida law allows injured cyclists to seek compensation for medical bills, lost wages, and pain and suffering if the driver was at fault. Even if the driver claims you were partially responsible, Florida follows a comparative negligence system, meaning you may still recover damages based on the other party’s percentage of fault.

How Long Do I Have To File A Bicycle Accident Claim In Florida?

In Florida, you generally have two years from the accident date to file a personal injury lawsuit under the state’s statute of limitations. However, exceptions may apply depending on the circumstances. If the accident resulted in a wrongful death, the time limit may be different, requiring legal action within a shorter timeframe.

What Compensation Can I Receive For A Bicycle Accident Injury?

Compensation depends on factors like injury severity, medical expenses, and fault. You may recover damages for medical bills, lost income, rehabilitation costs, pain and suffering, and future medical care. If you experience permanent disabilities or emotional distress due to the accident, you may be eligible for additional compensation. In cases where the driver was reckless or negligent, such as driving under the influence or texting while driving, you may also seek punitive damages, which are intended to punish the at-fault party.

Do I Need A Lawyer For A Bicycle Accident Claim?

Yes, hiring a lawyer can improve your chances of getting fair compensation. Insurance companies often try to minimize payouts or deny claims altogether, making legal representation imperative. A Melbourne bicycle accident lawyer will handle negotiations with insurers, gather evidence to support your case, and, if necessary, represent you in court.

Get Legal Help After A Bicycle Accident

If you or a loved one has been injured in a bicycle accident in Melbourne, FL, taking legal action can help you recover damages and protect your rights. The aftermath of an accident can be overwhelming, but you don’t have to face it alone. Consulting an experienced attorney guarantees you receive the compensation you deserve and allows you to focus on recovery. Tuttle Larsen Injury Attorneys is here to guide you through the legal process, handle negotiations with insurance companies, and fight for your best interests. Don’t wait until it is too late, and schedule an initial consultation for free today to discuss your case and learn how we may help you seek justice.