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Palm Beach Gardens, Florida Bicycle Accident Lawyer(s)

The Law Office of Roger P Foley acknowledges the prevalence of cycling in the Palm Beach Gardens area and the potential hazards of sharing the road with drivers. Although cycling can offer an enjoyable way to stay active and unwind, bicycle accidents can result in severe consequences.

Being a personal injury law firm, we comprehend the difficulties that individuals who have been involved in bicycle accidents encounter, ranging from medical expenses to income loss and mental distress. Our proficient attorneys are committed to assisting clients in obtaining the appropriate compensation they are entitled to following a bicycle accident.

If you or someone close to you has sustained injuries from a bicycle accident, our team is available to provide assistance. Reach out to us for a no-cost consultation to talk about your situation and discover your legal choices. We are dedicated to advocating for our clients and ensuring that careless drivers are answerable for their actions.

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As per Florida law, individuals who ride bicycles have equal rights to other drivers occupying the road and must comply with traffic laws applicable to all vehicles. Cycling can be a delightful way to spend time. However, in the event of a cycling accident, it may result in severe physical harm or even death, which can have a catastrophic effect on the wounded person and their household. The incident can have a lasting negative impact, and there is no way to undo the damage caused. Seeking justice in such situations involves obtaining compensation through legal action.

What Are The Top 10 Reasons Cyclists Are Severely Injured On Their Bicycles In Palm Beach Gardens, Florida?

Negligence is the leading reason for bicycle accidents, and various factors can contribute to such falls. The following are ten acts of negligence that lead to cycling accidents.

  • Distracted driving: When drivers are distracted by texting, talking on the phone, or any other activity while driving, they may not see cyclists or react in time to avoid a collision.
  • Failure to yield the right of way: Motorists may fail to yield the right of way to cyclists, particularly at intersections or when turning.
  • Speeding: Speeding reduces a driver's ability to react to sudden changes in traffic, and may result in a cyclist being hit.
  • Driving under the influence of drugs or alcohol: Impaired drivers may not be able to react in time to avoid hitting a cyclist or may swerve onto the shoulder where a cyclist is riding.
  • Improper turning: Motorists may turn too sharply or too quickly, cutting off a cyclist or forcing them to take evasive action.
  • Inadequate visibility: Poor lighting, overgrown foliage, or other obstructions may prevent motorists from seeing cyclists on roadways.
  • Poorly maintained roads: Potholes, uneven pavement, and debris on the streets can cause a cyclist to lose control and crash.
  • Faulty bicycle equipment: Defective brakes, tires, or other equipment can cause a cyclist to lose control or crash.
  • Inclement weather: Rain, wind, and other weather conditions can make it more challenging for cyclists to maintain their balance or for drivers to see them.
  • Inexperienced cyclists: Cyclists who lack experience may not know how to navigate traffic safely or may make errors that increase their risk of an accident.

It's crucial for all road users to understand the causes and take steps to prevent bicycle accidents from happening.

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Non- Motorist Bicycle Accidents

Aside from driver negligence, there are other forms of negligence that can result in serious or even deadly injuries to bicyclists. Here are some additional factors that can negligently result in a bicyclist suffering injuries:

  • Bike parts that are defective or not working properly, such as brakes, wheels, or chains, can cause a cyclist to lose control of the bike and fall.
  • Road hazards like potholes, debris, or uneven pavement can cause a cyclist to lose balance and fall off the bike.
  • Pedestrians or animals suddenly entering the road or bike path can cause a cyclist to swerve or brake suddenly and lose control of the bike.
  • Improperly designed or maintained bike infrastructure, such as poorly marked bike lanes, inadequate barriers, or lack of warning signs, can cause a cyclist to collide with a stationary object or a motor vehicle.
  • Weather conditions like rain, snow, or ice can make roads slick and increase the risk of slipping or losing control of a bike.
  • Wearing improper clothing or equipment, such as loose shoelaces or an ill-fitting helmet, can cause a cyclist to lose balance or suffer head injuries in case of an accident.
  • Intoxication or distraction, either by the cyclist or other road users, can impair the ability to react to sudden hazards or make poor decisions while riding.

If you're a bicyclist who has been injured by a negligent person, please reach out to us at the Law Office of Roger P. Foley, P.A. by calling (561) 746-7076. We understand how difficult it can be to deal with the aftermath of an accident, and we want to help you obtain the compensation and justice you deserve. Our compassionate bicycle accident attorneys are ready to provide you with the legal representation you need during this challenging time.

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What Are The Most Serious Injuries That Can Be Sustained When You Are the Victim Of A Vehicular/Bicycle Accident In Palm Beach Gardens, Florida?

Bicycle accidents in Palm Beach Gardens, Florida can result in a range of injuries, but some of the most serious injuries include:

  • Traumatic Brain Injuries (TBI): These occur when a bicyclist's head hits the ground, another object, or is struck by a vehicle, and can cause long-lasting physical and cognitive impairment.
  • Spinal Cord Injuries (SCI): SCI can result from a fall or impact with a vehicle, causing partial or total paralysis, loss of sensation, or other debilitating symptoms.
  • Broken Bones: Bicyclists may suffer from broken arms, legs, ribs, or other bones in the body because of the impact of the accident.
  • Internal Organ Damage: The impact of a bicycle collision can cause internal organ damage such as ruptured spleens, collapsed lungs, or internal bleeding.
  • Road Rash: Road rash occurs when the skin scrapes against the pavement and can cause severe damage, infections, or scarring.
  • Disfigurement: Bicyclists involved in serious accidents may suffer disfiguring injuries, including facial lacerations, amputations, or burns.
  • Emotional Distress: Bicyclists involved in severe accidents may suffer from post-traumatic stress disorder (PTSD) or other emotional distress.

It is important to seek medical attention immediately if a car collides with your bicycle, as many injuries may not be apparent right away. It's also essential to consult with a personal injury attorney to understand your legal options for obtaining compensation for your injuries.

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What Is The Time Limit For Filing A Lawsuit Regarding A Motorist/Bicycle Accident?

In the state of Florida, there are specific time limits, also known as statute of limitations, for filing legal claims related to bicycle accidents. The duration of the time limit depends on the case's circumstances, which are:

  • If the accident involves a privately owner or commercial use vehicle, the time limit is 2 years. This means that the injured party has 2 years from the date of the accident to file a claim for damages against the responsible party.
  • In cases where the accident involves a government entity like a city or county, the time limit is extended to 3 years. This is because filing a claim against the government requires extra steps and procedures.
  • If the bicycle crash results in death or wrongful death, the time limit is 2 years. This allows the surviving family members or estate to file a claim for damages related to the victim's death.
  • If the accident was caused by a defective product, such as a faulty bike part, the injured party has 4 years to file a product liability case.

It's crucial to note that missing the statute of limitations deadline can lead to the dismissal of the case. Therefore, it's essential to seek legal advice from an experienced attorney as soon as possible after a bicycle and vehicular accident to avoid missing the deadline.

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How Modified Comparative Negligence Affects Bicycle Accidents

When it comes to bicycle accidents, modified comparative negligence is a legal principle that considers the negligence or fault of the cyclist when determining liability and damages. For instance, if a cyclist is involved in an accident with a motor vehicle and was not wearing a helmet, their damages award may be reduced to reflect the fact that they contributed to their injuries. This means that even if the cyclist was not entirely at fault, their damages may be reduced if their own negligence played a role in the injuries sustained.

  • Modified Comparative Negligence is a legal principle applied in many US states, including Florida, to determine fault and liability in personal injury cases, including bicycle accidents.
  • This principle allows an injured person to recover damages from the other party, even if they were partially responsible for the accident.
  • The amount of damages they can recover will be reduced in proportion to their degree of fault.
  • The rules and guidelines for Modified Comparative Negligence in bicycle accidents can vary from state to state.
  • If the injured person is found to be more than 50% at fault in Florida, they may not recover any damages at all.
  • It is crucial to seek the advice of an experienced attorney who can help navigate the legal system and understand your legal rights under the laws of Florida.

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What's The Compensation Timeline For My Bicycle Accident Case?

The timeline for receiving compensation after a auto-bicycle accident can be affected by various factors. One of the most significant factors is the severity of the injuries sustained in the accident. The recovery process for severe injuries can be lengthy, and medical treatment may be necessary for an extended period, which can delay the compensation timeline.

Another factor that can influence the compensation timeline is the amount of evidence available to support the claim. Having ample evidence can lead to a quicker settlement, but if there is a lack of evidence, it may take longer to build a strong case.

The insurance company's cooperation is also a factor that can impact the timeline. Negotiating with an uncooperative insurance company can take time, especially if they dispute liability.

If the case goes to trial, the compensation timeline can be prolonged as court proceedings can take a significant amount of time. Additionally, the availability of expert witnesses can also impact the timeline as their schedules can affect court proceedings.

In conclusion, it is crucial to work with an experienced attorney who can navigate the legal process and provide an estimate of the expected timeline based on the individual case's specific circumstances.

At the Law Office of Roger P. Foley, we understand the impact a auto/bicycle accident can have on your life, and we are here to help you get the compensation you deserve for your injuries. Our compassionate attorneys work diligently to investigate your case, identifying those responsible and maximize your claim payout.

Insurance companies may often offer inadequate compensation and may deny liability, making the negotiation process difficult, particularly with comparative negligence matters. If an agreement cannot be reached, we are ready to take your case to court and file a lawsuit. Our principal law office is located in West Palm Beach, and we represent bicycle accident victims in Palm Beach Gardens, and throughout Florida. We are committed to fighting for your rights and ensuring that you receive the compensation you deserve.

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How Hiring A Personal Injury Attorney Who Specializes In Bicycle Accidents Can Help You?

Hiring a personal injury attorney that specializes in bicycle accident cases can provide numerous benefits. First and foremost, these attorneys have the experience and knowledge necessary to accurately determine the honest value of your case, ensuring that you receive proper compensation and protection from low settlement offers made by insurance companies. Additionally, hiring an attorney saves time and reduces stress as they can rapidly acquire and compile lengthy police and medical records, allowing you to focus on your recovery.

Personal injury attorneys can also provide an objective perspective and handle frustrating situations, such as dealing with insurance adjusters who deny liability. They are equipped to handle complex negotiations. These attorneys research the required experts and negotiate fair rates of payment, ensuring you don't overpay for their services.

Moreover, personal injury attorneys are familiar with the players involved in the legal process; adjusters and Insurance defense attorneys frequently hired by the insurance companies. This knowledge can result in higher settlements for plaintiffs. Personal injury cases require legal skills that attorneys acquire through education and experience.

Lastly, attorneys typically operate on a contingency fee basis, meaning there are no upfront fees. Injured parties can save money and only pay fees if they win. Lawyers can also stop harassing calls from creditors regarding medical bills by writing a letter on your behalf. In summary, hiring a personal injury attorney who specializes in bicycle accidents can provide invaluable assistance in navigating the legal process and obtaining the compensation you deserve.

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How to Stay Safe While Riding Your Bicycle and Prevent Accidents or Crashes?

The National Safety Council, provides the following preventive measures:

  • Wear a helmet that meets safety standards.
  • Use a bike that fits you and is adjusted properly.
  • Keep your bike in good condition and service it regularly.
  • Use lights and reflectors when riding in low-light conditions.
  • Wear bright or reflective clothing to be more visible to drivers.
  • Obey traffic rules, including stopping at red traffic lights and yielding the right of way when appropriate.
  • Use hand signals to alert other motorist of your intention to change lanes or turn.
  • Ride with the flow of traffic, never against it.
  • Be alert to your surroundings, including other vehicles, pedestrians, and hazards.
  • Avoid distractions, like using your phone or listening to music.
  • Be extra cautious when riding in bad weather.
  • Take extra precautions when riding on busy roads or areas with heavy traffic.
  • Consider taking a cycling safety course to improve your skills and knowledge of traffic laws.

If you follow these safety tips, you can lower the chances of getting into an accident or crash while riding a bicycle and keep yourself safe while riding.

It is recommended to practice cycling skills in a park if you are an inexperienced rider or haven't cycled in some time.

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How To Determine The At Fault Party In A Motor Vehicle Versus Bicycle Accident?

Here are the steps to establish liability in a Florida automobile versus bicycle accident:

  • Identify all the parties involved: Make sure to gather information from all parties involved in the accident, including the bicyclist, any drivers or passengers in vehicles, and any witnesses. This information can include names, contact information, driver's license numbers, and insurance information.
  • Document the accident scene: Take pictures and videos of the accident scene, including the position of the vehicles, any visible injuries or damages, and any relevant traffic signs or signals. This documentation can serve as evidence later in determining liability.
  • Review the traffic laws of Florida: Familiarize yourself with the traffic laws of Florida that may be relevant to the accident, such as laws pertaining to bicycles traveling on Florida roadways and traffic signals.
  • Evaluate the actions of each party: Analyze the actions of each party involved in the accident and determine if any of them violated traffic laws or acted negligently.
  • Assess the extent of injuries and damages: Determine the extent of the injuries and damages suffered by the bicyclist and any other parties involved in the accident. This includes medical bills, property damage, and lost wages.
  • Consider any modified comparative negligence claims: In Florida, modified comparative negligence is used to determine liability. This means that the amount of compensation a plaintiff receives can be reduced by their percentage of fault in the accident. Consider if the bicyclist may have contributed to the accident in any way.
  • Seek expert opinions: Consulting with experts, such as accident reconstruction specialists or medical professionals, can provide valuable insight into the accident and injuries. Their opinions can help determine liability and the extent of damages.

By following these steps, you can determine liability in a Florida automobile versus bicycle accident and hold the responsible parties accountable for their actions.

In a bicycle crash case, it's important to determine fault as it plays a crucial role in deciding whether there's a valid personal injury claim or lawsuit. The negligence of another party must be proven for a case to be considered viable.

Here are some illustrations of bicycle accident cases in Palm Beach Gardens, FL where negligence is evident:

  • A driver who runs a red light and hits a cyclist who has the right of way.
  • A driver who is texting while driving and fails to see a cyclist in their blind spot, causing a collision.
  • A driver who fails to yield to a cyclist when making a turn and hits them.
  • A driver who is driving under the influence of drugs or alcohol and collides with a cyclist.
  • A cyclist who is hit by a car door that was opened suddenly without checking for oncoming traffic.
  • A cyclist who is hit by a car that is speeding and loses control of their vehicle.
  • A cyclist who is hit by a car that is not properly maintained, such as having broken headlights or malfunctioning brakes.

It's important to note that each bicycle accident case is unique and may require a thorough investigation to determine liability and negligence.

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I Was Hit By A Car While Riding My Bicycle – How Do I Prove The Driver Of The Motor Vehicle Was Negligent?

To support a negligence claim against an automobile versus bicycle accident, the injured party must show or establish that:

  • The other party owed a duty of care to the injured party- For example, to follow all traffic rules and regulations,
  • That the driver breached their duty of care, for example, by violating traffic rules or driving recklessly,
  • That the driver’s breach of duty directly caused the injuries to you, bicyclist.
  • That you, the bicyclist suffered physical or financial harm due to the driver’s negligence.

To prove negligence in a bicycle accident, evidence such as witness statements, police reports, medical records, and photographs can help establish these elements. It is crucial to work with an experienced attorney who can help collect and present the necessary evidence to build a strong case.

Here are three examples of what negligence in a bicycle accident might look like:

  • A driver is looking at their phone while driving and doesn't notice a cyclist riding in front of them. The driver hits the cyclist, causing the cyclist to get seriously hurt.
  • A driver doesn't give a cyclist the right-of-way at an intersection, even though the cyclist is supposed to go first. The cyclist crashes into the side of the car.
  • A driver opens their car door without checking if any cyclists are coming. A cyclist then hits the door and falls off their bike, getting injured because of the collision.

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What Are The Types Of Damages In Florida Bicycle Accident Claims?

In a Florida bicycle accident claim, there are various types of damages that an injured party may seek compensation for. These include:

  • Medical Bills: This includes the cost of medical treatment and care related to the bicycle accident. This may include hospital bills, surgery costs, rehabilitation expenses, and prescription medication.
  • Lost Earnings: If an injured party is unable to work due to the accident and injuries sustained, they may seek repayment for lost wages. This can include income or wages lost during the recovery period and future lost wages if the injuries result in a long-term or permanent disability.
  • Pain and Suffering: Financial payment may be sought for mental, physical, and emotional pain caused from the accident and injuries. This can include both physical pain and emotional trauma such as anxiety, depression, and PTSD.
  • Property damage: If the bicycle was damaged or destroyed in the accident, the injured party may seek compensation for the cost of fixing or purchasing a new bicycle.
  • Disability or disfigurement: If the injuries sustained in the accident result in permanent disabilities or disfigurement, the injured party may seek compensation to account for the impact on their quality of life.
  • Loss of consortium: Compensation may be sought for the impact of the injuries on a spouse or partner's relationship, including loss of companionship, services, and support.
  • Punitive damages: In cases of extreme negligence or recklessness, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future. These damages are meant to be a deterrent and are not intended to compensate the injured party for their losses.

The specific types of damages that may be available in a Florida bicycle accident claim will depend on the circumstances of the accident and the injuries sustained.

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What Kind Of Insurance Is Available For Me If I Had A Bicycle Accident?
  • Health insurance: If you get hurt in a bicycle accident, your health insurance can cover your medical bills and rehabilitation costs.
  • Auto insurance: If the accident is caused by a driver of a motor vehicle, their auto insurance may cover the costs of your injuries and bike damage.
  • Homeowner's or renter's insurance: If the bicycle accident occurs on private property, the owner's insurance policy may provide coverage for your injuries.
  • Umbrella insurance: This type of insurance can offer additional coverage beyond the limits of other policies, like liability and medical expenses.
  • Uninsured/Underinsured motorist insurance: If the at-fault driver doesn't have enough insurance or has no insurance, your own UM policy can cover your injuries and property damage.
  • It's essential to keep in mind that the coverage and limits of your insurance policies may differ. Thus, you must review your policies with your provider and consult with a personal injury attorney for any queries about your legal options.

If you have automobile insurance, you may have access to Personal Injury Protection (PIP) to provide for up to $10,000 of medical expenses. Once PIP coverage is exhausted, and if the driver is negligent, you may pursue compensation through their insurance policy.

At the Law Office of Roger P. Foley, we understand that being in a bicycle accident can be a challenging and stressful experience. That's why our compassionate legal team is here to help you through this difficult time. We believe in personalized attention, which means that you will always communicate directly with attorney Foley. Our top priority is your satisfaction, and we will work tirelessly to secure money for your injuries. If you have been injured in a bicycle accident Injury in Palm Beach Gardens, “Call Me” Attorney Roger P. Foley - Palm Beach Gardens Bicycle Accident Lawyer (561) 746-7076.

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I was charged with Domestic Violence few years ago and I was referred to Roger Foley from a family member! Roger is a BULLDOG! He was great ... Thomas
My wife (Mother of Stepson) and I Hired Mr Foley to represent my stepson in a minor criminal case. We would highly recommend ... Steve
Roger P. Foley got me reinstated. Also he got my COS waived, and got me to still be terminated off of probation on my expected termination date ... Jamar
Roger is a very compassionate person, he truly cares about his clients. He helped me with my case and was there for me every step of the way ... Cassandra G.
I think your firm did a great job on 3 cases that were 28 years old. The results are better than expected. I truly appreciate the hard work that ... Jim