Bicycle accidents may cause serious injuries to the victims when they are hit by other motor vehicles on Florida roadways. Florida streets are always crowded with motor vehicles, bicycles, and pedestrians. Bicycle riders are the most vulnerable on the roads due to their lack of protective gear. When hit by a motor vehicle, the victim can file a claim through the car’s Personal Injury Protection (PIP) insurance policy.
Bicycle accident victims can file a compensation claim with the liable party’s insurance company. Expert bicycle accident attorneys in Winter Haven can guide the victim through a complex legal case and negotiate maximum compensation you deserve for your losses and damages.
Bicycle Crashes and Auto Insurance in Florida
Florida is a no-fault state. Under Florida law, motor vehicle drivers must carry Personal Injury Protection Insurance (PIP). PIP covers:
- Treatment costs and medical bills caused by the accident.
- The loss of ability to work and income if physical injuries hinder the victim’s ability to work.
- Compensation against wrongful death
Under Florida Statute of Limitations § 627.736, the PIP policy covers up to 80% of medical expenses and 60% of lost income. PIP limit is a maximum of $10,000. PIP does not cover non-economic damages like physical pain and mental trauma. State law requires victims to seek medical assistance within 14 days of the accident to be eligible for PIP benefits.
If treatment is delayed, it can affect the victim’s right to receive medical compensation. Even if the internal injuries surface later, the victim can’t apply for the compensation for the second time. Once it’s paid, the right to claim further compensation is not valid. After a bicycle accident, you must immediately see a doctor and keep a treatment record.
The victim’s bicycle accident lawyer in Winter Haven identifies the at-fault parties, determines the insurance policy coverage, and presents proof and evidence. When the negligent driver lacks adequate insurance, the attorney looks for an alternative coverage option.
How Florida’s Modified Comparative Negligence Law Affects Your Estimate
Under House Bill 837, signed into law on March 24, 2023, Florida shifted from a pure comparative negligence system to a modified standard. If the victim is found 50% or less at fault, they can still recover compensation, but the amount is reduced. If the victim is found more than 50% at fault, the right to claim compensation is completely dismissed. This highly differs from the old system, which allowed victims to recover compensation even if they were 99% at fault. Today, the percentage of fault can make or break the claim procedure, making early legal guidance vital.
The 2-Year Deadline You Cannot Miss
HB 837 also reduced the statute of limitations for personal injury claims in Florida. For personal injury accidents that took place on or after March 24, 2023, the victim has only two years to file a lawsuit, down from the previous four-year window. If the victim misses the deadline, they almost always permanently forfeit their right to pursue compensation. After a bicycle accident, taking prompt legal action is essential.
How Much Is Your Bicycle Accident Compensation Worth?
The liable party often attempts to deny the victim’s version of the accident so that they don’t have to pay the victim fair compensation. The more evidence the victim can collect and show, the higher the chances of reaching a fair settlement. Documents and testimony must support the victim’s version of events. From medical records to witness statements, property damage to insurance coverage, these documents help build a strong case on the victim’s behalf.
1. Economic damages
Documenting economic damages is important. The bicycle accident attorney collects all available proof and evidence to prove the economic losses caused by the accident. Attorneys maintain a detailed record of the victim’s financial losses to support a compensation claim. The losses include –
- Current and future medical bills
- Loss of working ability and income
- Loss of potential income
2. Non-Economic Damages
Non-economic losses are harder to document. It’s difficult to determine the value for mental trauma and post-traumatic stress disorder. Settlement value varies for each victim. Every bicycle accident victim faces unique challenges. The non-economic losses include –
- Physical pain and suffering
- Mental stress and trauma
- Compromised quality of overall life
- Permanent scar or disability
The bicycle accident attorneys talk to the medical professionals, eyewitnesses, and vocational rehabilitation experts to calculate the potential value of the victim’s pain and suffering after a bicycle accident.
What Are the Steps to Take After a Bicycle Accident?
When a bicycle accident victim takes the right steps after the accident, they stay on track during the litigation process. The most important steps include –
- Call 911 to report the accident.
- Seek medical attention to treat your injuries.
- Take pictures and videos at the accident scene, injuries, damaged vehicles, road conditions, etc.
- Collect the contact details of the eyewitnesses.
- Inform the insurance company about the accident.
- Consult a top bicycle accident attorney for legal assistance.
A bicycle accident attorney in Winter Haven can explain the victim’s legal options. Attorneys can protect the victim’s personal injury rights during the litigation process. A seasoned bicycle accident lawyer advises the victim on what to say and do, and what not to, during the legal procedure.
Get the Right Legal Help
After a bicycle accident, file a compensation claim to recover your losses. Florida Law is complex. Victims often feel stressed and anxious because their injuries are not visible in that situation. When victims face legal complexities, the situation feels extremely overwhelming.
Book your free case consultation. You don’t have to pay any upfront fees during the litigation. Connect with the Injury Assistance Law Firm, fighting for bicycle accident victims in Orlando and Winter Haven. Our bicycle accident attorneys handle your case with confidence.
