Highway Bicycle Accidents
Often, it is unadvisable for bicyclists to travel on busy roads or highways. However, sometimes these are the only routes available, and bicyclists have the same rights to use the road as motorists. When a bicycle accident occurs on a highway, the injuries to a bicyclist can be devastating. If they survive, these victims face long-term recovery efforts and rehabilitation, and often permanent disability. Miami bicycle accident lawyer Robert Dixon is dedicated to seeking to hold those who have caused these types of injuries legally responsible. Our firm provides seasoned and compassionate legal guidance to clients across South Florida, including in Palm Beach, Broward, and Miami-Dade Counties. If you’ve suffered harm or a family member has lost their life due to a highway bicycle accident, please contact our office today to find out more about your legal rights and options.South Florida Highway Bicycle Accidents
Under Florida statute, bicyclists are allowed to travel on most highways. The law states specifically that any person using a bicycle on a single direction highway with at least two designated traffic lanes may ride as close to the left curb or edge of that roadway as is feasible. However, not all drivers pay attention to or respect the rights of bicyclists while on the highway, especially when trying to merge into traffic or commuting during rush hour. Bicyclists are also required to follow the rules of the road and take reasonable actions to maintain safety, such as wearing bright clothing and having lights when traveling at night. However, even the most cautious bicyclist cannot always avoid a collision with a negligent driver on a highway.
When a bicyclist is involved in a collision with a car, especially one traveling at high speeds, he or she is more likely to suffer life-altering injuries such as traumatic brain injury or paralysis. Many of these types of bicycle accidents can be fatal to riders, as Florida ranks highest in bicycle-related deaths nationwide. When a driver is negligent and causes a highway bicycle accident and injuries, that driver should be held accountable, and a seasoned bike accident lawyer can help.Negligence
Negligence is present when a driver breaches his duty to act as a reasonable and prudent person would given the circumstances, causing injury and damages. For instance, if a driver speeds up and tries to pass a cyclist too closely, causing a collision and harm, that would likely be an unreasonable action that the driver could be held legally responsible for in terms of any resulting medical costs or property damage.
Even if a bicyclist is partially or mostly at fault for his or her own injuries, compensation can still be available. Florida is a ‘pure comparative negligence’ state, which means damages are awarded based on each negligent party’s degree of liability. Therefore, if a cyclist has acted unreasonably by failing to use proper indicators or riding too far from the highway’s edge, and is determined to be 65 percent responsible, the driver who is found to be 35 percent liable will still have to contribute to the amount of damages the rider incurred. Compensation available for injured bicyclists may include past and future medical costs, lost wages, diminished earning capacity, or pain and suffering. In the event that a bicyclist has suffered a fatality, certain family members can pursue a wrongful death claim to recover costs related to outstanding medical bills or funeral and burial arrangements.Bicycle Accident Lawyers for Miami Area Residents
If you’ve been injured in a bicycle accident on a highway, the aftermath can be overwhelming, and unfortunately often requires not only a hospital stay and other medical treatment, but long-term rehabilitative efforts as well. Insurance benefits are often not enough to cover the costs of such serious injuries, making legal action important in helping you seek to cover the financial impact of care. Accident attorney Robert Dixon of the Law Offices of Robert Dixon can help you determine what your legal options are following a highway bicycle accident. If you’ve been injured or a loved one has died due to a negligent driver and have questions regarding your legal rights, please call 877.499.4878 or contact us online today to set a free, no obligation consultation to find out more about how we can help. We are available to assist clients in West Palm Beach, Fort Lauderdale, and Miami.