Carrollwood Bicycle Accident Attorney
The year-round mild weather in Florida means that there are almost always bicyclists on the road. One would think that drivers would keep more of a lookout for them. Sadly, that’s not the case. Accidents are common, and serious injuries are even more common. At best, bicyclists only have thin bicycle helmets to shield them from onrushing vehicles. That’s nowhere near enough protection.
The diligent Carrollwood bicycle accident attorneys at Moore Law pay close attention to the details in these cases. Depending on the facts of the case, the at-fault party in a bicycle accident could be the other driver, the driver’s employer, or the city, just to name a few. So, we thoroughly investigate the case, to ensure that we pursue the proper remedy. A mistake could delay, or even derail, your claim for damages.
Types of Bicycle Accidents
Most bicycle accidents happen in the afternoon or evening. Children are out, traffic is generally heavier, and visibility is generally limited. This combination often leads to left cross and right hook collisions.
Left cross bicycle wrecks often happen when a tortfeasor (negligent driver) tries to make an unprotected left turn. Frequently, these drivers don’t see approaching bicycles. As a result, they turn directly into the bicyclist’s path.
To understand a right hook bicycle wreck, one needs to understand driver behavior when they turn right. Usually, drivers only look to the left in these situations. So, they might not see bicycles which are to their right.
Ironically, designated bicycle lanes, which are designed to make bikers safer, often contribute to these wrecks. Concrete pillars divide traffic lanes. However, they also reduce driver visibility.
Impaired visibility does not excuse driver negligence in these situations. If anything, when drivers have a hard time seeing, they must slow down and use even more caution. The duty of care requires motorists to look out for other vehicles. These vehicles include bicycles.
Liability Issues
Both these kinds of bicycle wrecks usually involve the negligence per se rule or the ordinary negligence doctrine.
Turning in front of another vehicle clearly violates Florida’s right-of-way law. So, the negligence per se presumption could apply in these wrecks. In the Sunshine State, tortfeasors who violate safety laws and cause wrecks are presumptively liable for damages.
Many police officers don’t issue citations in these cases. Officers frequently view car crashes as civil matters, even if someone was seriously injured or killed. Since they do not want to get involved in such disputes, they don’t cite at-fault drivers.
Failure to yield the right-of-way also demonstrates a lack of reasonable care. This duty requires motorists to drive defensively and avoid accidents when possible. If the driver failed to use ordinary care, damages are available. These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Sudden emergency is one of the most common defenses in lack-of-visibility wrecks. Most bikers who have gone down probably heard the other driver say something like “I never saw you” or “You came out of nowhere.” In other words, the driver claims the wreck was unavoidable.
Legally, sudden emergency applies if the tortfeasor reasonably reacted to a sudden emergency. A bicyclist, even one who violates traffic laws and “comes out of nowhere,” is an everyday hazard as opposed to a sudden emergency. The aforementioned duty of care requires drivers to anticipate such situations.
Contact a Savvy Hillsborough County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced bicycle accident lawyer in Carrollwood, contact Moore Law by going online or calling 813-510-5400. Attorneys can connect victims with doctors, even if they have no insurance or money.
