For starters, cyclist injuries tend to be far more serious than what you’d typically see in a car crash. No matter who was at-fault, in a bicycle-car crash, it’s always going to be the bicyclist who suffers the most. As noted in the medical journal American Family Physician, the most common bike accident injuries are to the arms and legs (soft tissue injuries like road rash, bruises, and cuts, as well as strains, fractures, and dislocations). However, traumatic head and neck injuries – including skull fractures, intracranial hemorrhaging, and concussions – are cited in most serious bicycle accident cases.

Why does this matter for claims/litigation purposes? Because it raises the stakes. If you are pressured by an insurance adjuster into signing off on a claim settlement right away, you might do so before realizing your claim is worth a whole lot more. This is why it’s really important to talk to a Fort Lauderdale bicycle accident attorney before you sign anything. Even if you think you were at-fault, getting a professional opinion is important when so much is at stake.

Secondly, the laws governing bicycles is slightly different than the laws governing motor vehicles. True, bicyclists have many of the same rights and responsibilities as motor vehicle drivers, but not exactly the same. Bicycles aren’t allowed to be operated on certain roadways. Drivers passing bicyclists on the road must do so only when it’s safe and give them at least three feet of distance.

Another issue that can complicate bicycle accident claims is that cyclists aren’t required to carry insurance the way drivers are. Florida is a no-fault state for car insurance. That means that no matter who is at-fault, both parties are supposed to filer a claim with their own personal injury protection (PIP) insurer. This covers a portion of medical bills and lost wages, up to $10,000. One must sustain serious/permanent injuries to file a claim for bodily injury liability coverage against the other driver. If you are injured in a bicycle accident with a car and you have PIP coverage for the car you normally drive, you can likely file a PIP claim with your own insurer. Even though you weren’t driving, you were still in an auto accident. However, cyclists aren’t required to carry insurance, so not all have PIP. In that case, they can file a PIP claim with the other driver’s insurance company. Insurance filing deadlines for no-fault coverage tend to be short, so you need to take action immediately. An attorney can help you file all the correct paperwork – completely and on time.

If the other driver was at-fault (or at least, more at-fault than you) AND you suffered serious injuries, you can file an injury claim and/or lawsuit against them. If they do not have insurance, you may be able to collect damages from your own uninsured/underinsured motorist coverage carrier.

As an aside, if you are injured in a bicycle accident that did NOT involve a motor vehicle – you might still be entitled to collect damages. If there was a condition of the road, sidewalk, commercial property, or private home that caused/contributed to the severity of the crash, you might be able to file a claim with:

• The local/state government agency responsible for road maintenance.
• The commercial property owner/manager.
• The homeowner/homeowners’ insurance.

Florida Bicycle Accident Statistics

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There were more than 6,400 reported Florida bicycle accidents in a single recent year, resulting in nearly 200 deaths, 740 incapacitating injuries, and 5,200+ total injuries. That’s according to the Florida Department of Highway Safety & Motor Vehicles. Other reliable sources, like the National Highway Traffic Safety Administration (NHTSA) have been reporting for years that Florida continues to have one of the highest rates of deadly and injurious bicycle accidents. Cyclist deaths account for 5.1% of the total number of traffic fatalities in Florida – a higher percentage than anywhere else in the U.S. The total number of bicyclist deaths is also higher here than anywhere else – by far – which is especially troubling when considering that Florida has fewer people than some of these other states. Florida has nearly half the population of California, and still reported 50 more bicycle deaths in 2020.

Why is this such a problem in Florida?

Some factors that may contribute:

• Tens of millions of people visit Florida every year – many from different states and other countries. Many of them rent cars and drive on our roads, despite not really knowing exactly where they’re going – let alone fully grasping our traffic safety laws. That can lead to more interactions between cyclists and cars.
• Florida has an outsized number of both older and younger drivers. Young drivers, as we all know, are dangerous on the road because of immaturity and recklessness. Older adults tend to be much more careful, but they may have diminished vision, depth perception, and reaction time – all of which can increase crash risk.
• People love biking in Florida thanks to the weather, but as Floridians know well, that can drop on a dime. Afternoon downpours can leave roads slick and dangerous, particularly for cyclists sharing the roadway.

Do’s and Don’ts of Fort Lauderdale Bicycle Accident Claims

If you are injured in a bicycle accident:

• Don’t give a recorded statement to the other party’s insurance agent.
• Do talk to an attorney before signing any insurance company papers, medical releases, or documents.
• Don’t wait more than a week after an accident to see a doctor. In fact, go immediately after if at all possible.
• Don’t exaggerate – or minimize – your injuries to anyone.
• Do provide your doctor with any pertinent information, including any pre-existing conditions you may have.
• Do be honest and upfront with your attorney.
• Don’t discuss your accident or injuries with friends, co-workers, or neighbors – and don’t post anything on social media either.

If you are injured in a Fort Lauderdale bicycle accident, contact an injury attorney whose track record of success in similar cases speaks for itself.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Traffic Crash Facts, Annual Report 2021, FLHSMV.gov

More Blog Entries:

Will a Pre-Existing Injury Kill Your Fort Lauderdale Injury Claim? June 10, 2023, Fort Lauderdale Bicycle Accident Lawyer Blog

Bicyclists remain among the most vulnerable road users on South Florida streets. The National Highway Traffic Safety Administration (NHTSA) reports in its latest analysis of the issue that of the 856 bicyclists who died in the U.S., 161 of them lost their lives on Florida roads. The only other state that even comes close is California, a state with nearly double our population that reported 131 fatal bike crashes. Of the 3,183 total traffic deaths reported in the Sunshine State in a single recent year (third only to California and Texas), 5.1% of those were bicyclists. The national rate is 0.26%. Delaware technically has a higher percentage rate in this regard, but had 7 total bicyclist deaths that year, compared to our 161. Plus when factoring population, our rate is higher.

This is not a badge we wear proudly by any means, and of course every preventable crash death is one too many – no matter where it is. But our Fort Lauderdale injury lawyers know that this recurring fact does beg the question: What is Florida doing wrong? This question is particularly poignant in areas like Fort Lauderdale, Miami, Tampa-St. Petersburg, Orlando, and Jacksonville, where rates are the highest.

A huge part of the problem is that motorists are too distracted and drive too fast. These two factors alone lead to so many avoidable tragedies involving cars vs. bicyclists (and cars vs. pedestrians, for that matter).

While there has been some forward movement on important state legislation attempting to address these issues (the distraction element, at least), sometimes the laws already on the books aren’t properly enforced – if most drivers are even aware of them in the first place. For example, F.S. 316.083 requires motor vehicle drivers to give bicyclists at least 3 feet of clearance before overtaking and passing them. Many simply do not do this, and often face little-to-no consequence for it. Some chalk this up to the overarching cultural attitudes about bicyclists. As a bicyclist advocate was recently quoted saying in the Florida Phoenix, “Out west, bicycling is seen as just another legitimate form of transportation. … But in Florida, the majority of elected political leaders don’t understand that bicycling is just a slow-moving vehicle on the right of way. That’s all it is, and as a result we have motorists who… are engaging in flat-out dangerous driving behavior.”

It doesn’t help that our streets were designed and built after WWII and almost exclusively for fast-moving motor vehicle traffic. America as a whole hasn’t done a great job of creating a system of transportation that is great for walking and biking or even public transport, but Florida has done an especially lousy job – something state officials have publicly acknowledged. Specifically, they’ve created urban streets that look a lot like rural highways, with wide lanes, high speed limits, and no protected bicycle lanes or often even sidewalks.

The state has taken some steps to change this, with the Florida Department of Transportation not long ago adopting 8 context classifications to direct road designs decisions as part of a Complete Streets initiative. The system instructs transportation planners and engineers to weigh existing and future characteristics of a specific area, including multiple land uses and street connectivity to ensure roads are designed to accommodate all road users and trip types. A road designed for bicycle-friendly traffic is going to include things like narrower car lanes, designated bicycle lanes, lower vehicle travel speeds, on-street parking, and pull-offs and safe intersections.

But as the most recent NHTSA report reveals, these changes can’t happen soon enough. In addition to the more than 840 bicyclist deaths reported in the October 2021 report, there were also nearly 50,000 bicyclists injured – a 54 percent increase over the previous year. Fatalities for cyclists were significantly higher in urban areas, which is where 78% of them were reported.

If you’re injured or a loved one killed in a Fort Lauderdale bicycle accident, it is critically important that you promptly consult with an experienced injury/wrongful death attorney. Options for compensation can be limited by the fact that cyclists aren’t required to carry personal injury protection (PIP) coverage that is mandated by motor vehicle operators. If you do have PIP, you can use that for up to $10,000 in compensation. If not, the driver’s PIP coverage may kick in, regardless of fault. However, if your injuries are more severe than that, you may need to file a claim for damages with the at-fault driver’s insurer. If that driver doesn’t have insurance, only has minimal coverage, or didn’t stop at the scene of the crash, you may look into filing a claim with your own uninsured/underinsured motorist coverage carrier. Our dedicated injury lawyers are committed to helping you explore all potential angles for compensation.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Traffic Safety Performance Measures for Florida

More Blog Entries:

How Fort Lauderdale Pedestrian Accident Victims Can Obtain Compensation for Injuries, Jan. 15, 2022, Fort Lauderdale Bicycle Accident Lawyer Blog

As the National Highway Traffic Safety Administration (NHTSA) reports, three-fourths of deadly bicycle accidents occur in urban areas, oftentimes in broad daylight. And while the average age of bike crash victims has slowly climbed in recent years (from 41 to 47), health officials are reporting an uptick in child bike crash injuries in 2020, attributed largely to the pandemic-fueled increase in ridership.

Our Fort Lauderdale bicycle accident lawyers are committed to helping those injured in these cases. Claims for damages require proof that another person or business (car driver, manufacturer of bicycle/safety equipment, city transportation officials) failed in their duty of care to keep you safe. This is called negligence.more

Some of the most common negligent driver actions likely to result in bike accidents include:

• Driver failure to yield right-of-way to bicyclist
• Careless driving
• Distracted driving (such as texting and driving)
• Stop sign/red light running

In general, the statute of limitations for Florida injury claims is four years (two years for wrongful death cases). However, there are sometimes tighter notice deadlines when government agencies or employees are involved. It’s in your best interest to act quickly. In fact, what you do in the immediate aftermath of a bicycle accident may later factor in your ability to secure full and fair compensation.

What To Do After a Bicycle Accident

If you’re involved in a bike crash in Florida, here are some general tips to keep in mind:

• Consider riding with the following items: Cell phone, personal ID, emergency contact and writing utensil. Most of us carry these items anyway, but they will come in handy if you’re in a collision. Even if you are rendered unconscious, your cell phone, ID and emergency contact information will allow witnesses and medical personnel to quickly reach your family and find out about your medical background before or as they are treating you.
• Call 911. You may need police, an ambulance or both. If you can’t do it, see if someone nearby can. Even if you do not leave the scene in an ambulance, seek medical attention as soon as possible. Having medical documentation of your injuries as soon as possible after the collision will be vital to any claim for damages.
• Wait for police so you can file an official report. The police documentation of the collision is essential, and may prove a critical piece of evidence in the weeks and months ahead.
• Don’t rush to move your bicycle – or fix it after the collision. Your bike should stay in the same position as it was in the crash until police arrive (unless leaving it there poses a safety risk to others, in which case, take a picture if possible). Don’t hurry to fix your bicycle either, at least until after you have spoken with an injury lawyer.
• Collect contact info from witnesses on scene. Their testimony could prove crucial later if the defendant disputes the cause of the bike crash – or your role in it.
• Take photos and videos. Document the scene. Jot down notes of anything unusual. (Again, this assumes you’re in a position to do so.)
• Avoid trying to negotiate with the vehicle driver. It doesn’t matter who was at-fault (determining fault is often more complex than you think, and those involved aren’t likely in a position to do so from the scene of the crash). Just get the name of the driver, the names of passengers and the relevant insurance information. (Note that if nothing else, you as a bicyclist struck by a motor vehicle driver in Florida may be entitled to collect no-fault personal injury protection insurance from the driver [if you don’t have your own] – up to $10,000 – regardless of who was at-fault.)
• Don’t talk to an insurance company before you call a lawyer. This is important. You don’t want to make any statement that could reduce or jeopardize your claim to damages.

If you have any questions, we have answers and offer free initial consultations. Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

More Kids Treated For Trauma Injuries From ATV’s And Bikes During Pandemic, Oct. 6, 2020, NPR.org

If it’s well-enforced, it may also help in the goal of reducing Florida bicycle accident and pedestrian accident fatalities, which our Broward wrongful death attorneys have long known to be a serious problem.

Why Is Distracted Driving Such a Big Problem These Days?

The driving factor in the uptick of distracted motorist deaths is undeniably: Cellphones. The lure of constant connectivity has proven quite powerful, and many are still under the mistaken assumption people have the ability to multi-task (they don’t, not with high-level functions like reading, writing and driving).

Technically though, distraction can be anything that takes a driver’s full attention from the road. Examples include:

• Turning to scold a child in the backseat
• Personal grooming
• Eating/drinking
• Talking on a cell phone
• Having an unsecured pet in the car
• Adjusting music or other in-stereo dials

Still, Florida lawmakers shied away from expressly naming any of these in the new statute. As our Broward injury lawyers can explain, individuals who engage in these behaviors may or may not be cited for a traffic infraction if they cause a crash. From a civil case standpoint though, any of these could represent a breach of a driver’s duty of care, the foundation for establishing negligence compelling compensation.

The biggest change that will come from Florida’s new distracted driving law will be to bump it from a secondary to a primary offense. That means an officer’s observation or reasonable suspicion that a driver is texting behind the wheel will be cause enough in its own right to prompt a traffic stop. Previously, police had to have another reason to initiate a traffic stop before they could also issue a citation for texting/driving.

Fines under the new law will still be $30 for a first-time offense, $60 for a second offense, etc. Additional fines are added when offenses take place in certain areas, like school zones.

Cyclists Face Out-Sized Injury Risk From Distracted Drivers

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Bicyclist accidents involving distracted drivers are fairly common. Bicycles are smaller, quieter and less noticeable to start. Add an inattentive driver to the mix, and we too often get tragedy.

Late last year in Davie, nearly a dozen cyclists, including a 14-year-old boy were riding together for charity when they were struck from behind by a 33-year-old driver who at the scene told police she was distracted with something in her glove box. Two bicyclists were killed and three others critically injured.

On emergency dispatch recordings of the driver’s initial 911 call, she can be heard shrieking, crying and saying over and over, “I never saw them!”

Fort Lauderdale bicycle accident attorneys at The Ansara Law Firm know this is a really common refrain in all sorts of bike crash scenarios, but it’s practically expected with drivers who were allegedly distracted. The reality is, people hard time judging their own levels of distraction. They may not even be lying if they hit a bicyclist directly in their line of sight.

Even seemingly “less serious” forms of distraction – talking on the phone, for example – can have a pretty big impact on one’s safe driving ability.

Researchers at Carnegie Mellon University used an MRI to track activity in the part of the brain that processes visual images. While on a cell phone, subjects processed 37 percent FEWER visual images than those who weren’t talking.

Florida Was Long Behind the Curve on Distracted Driving

Florida was one of the last states to pass a no texting-and-driving law (41st to be exact).

Even then, texting have been against the law, but the law had no teeth. Because it was a secondary (as opposed to primary) offense, police couldn’t just stop a driver for texting while driving. There has to be another cause for reasonable suspicion (i.e., weaving in and out of traffic, sudden/dangerous stops, running a red light, etc.) to justify the stop so the officer can issue a $30 ticket.

This combined with general lack of enforcement means drivers feel free to ignore the law – and vulnerable road users like bicyclists and pedestrians tend to suffer out-sized consequences.

That’s why state lawmakers felt they had to do something.

Our Broward injury lawyers will be watching these cases, challenges and further legislative developments closely. If you’ve been hurt on a bicycle that was struck by a car, we’ll help you determine your case to assert liability.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Florida’s new texting-while driving law: You have Q’s. I have A’s | Commentary, May 1, 2019, Orlando Sentinel

More Blog Entries:

Florida Child Drowning Wrongful Death Lawsuit Alleges No-Fence Negligence, May 8, 2019, Broward Bicycle Accident Lawyer

Recently, a group of four bicyclists traveling together in Port St. Richey were seriously injured when the wheelchair lift gate of a mobile PET scan vehicle somehow became dislodged and struck the riders one-by-one, FOX 13 News. Two of the bicyclists had to undergo emergency surgery.

Although the particular circumstances of this bicycle accident are somewhat unusual, trucks pose a serious threat to bicyclists, and so do cars, vans and sport utility vehicles. In many of these instances, especially if the vehicle is traveling fast, a helmet may help reduce the risk of serious injury, but it doesn’t eliminate it. Even the Bicycle Helmet Safety Institute notes there is “no such thing as a concussion-proof helmet.” Roughly three-fourths of all fatal bicycle accidents involve a head injury. Although very few bicyclists who wear helmets die in crashes, nearly 15 percent of those who suffer serious injury were wearing one.more

There are also incidents in which bicycle helmets fail. That could be the basis of a Florida product liability lawsuit, but it will depend on the circumstances of the crash. Biomedical engineers at Virginia Tech rate bicycle helmets according to concussion risk, based on a five-star system.

The National Highway Traffic Safety Administration reported in its most recent count there were 840 bicycle accident deaths in the U.S. in a single year. Florida has long held the No. 1 spot on this list for having the most fatal bicycle accidents of any state.

Bicycle Helmets Protect, But Don’t Make Riders Impervious to Injury

There are two basic types of bicycle crashes: Falls and collisions with cars. In both cases, helmets can help reduce the risk of a concussion or other traumatic brain injury.

A 2016 analysis published in the American Journal of Surgery scrutinized nearly 6,300 patients who had been injured in bicycle accidents, of whom 25 percent had been wearing helmets. Overall, about 53 percent of bicyclists injured suffered severe brain trauma, and 3 percent died. Those riders who were helmeted were half as likely to suffer a serious brain injury and 44 percent less likely to die in a bicycle crash. The risk of facial fractures also were reduced by 31 percent when riders donned a helmet.

So we do know they work, they just aren’t infallible.

It’s also important to point out that whether you were wearing a helmet or not should not impact the outcome of any Florida bicycle injury lawsuit. Only riders under the age of 16 are required to wear bicycle helmets. Furthermore, per F.S. 316.2065, the failure of a person to wear a bicycle helmet or of a parent/guardian to ensure a child is wearing a bicycle helmet is NOT to be considered evidence of negligence for the purpose of contributory negligence in injury litigation.

Fort Lauderdale bicycle accident attorneys can explain that contributory negligence is the degree to which the person injured contributed to his or her own injuries. Some defendants have argued that failure to wear a bicycle helmet is contributor negligence for the purpose of reducing damages (the amount a defendant has to pay). This statute makes that argument strictly off-limits.

Call Fort Lauderdale Bicycle Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Bicycle Helmet Safety Institute Statistics

More Blog Entries:

Manufacturers Recall Defective Bikes for Safety Hazards, March 29, 2017, Fort Lauderdale Bicycle Accident Attorney Blog

For example, in January, bike manufacturer Trek recalled approximately 800 bicycles and 300 wheels (not including another 160 bikes and 40 wheels sold in Canada) for issues with the front brake caliper. For those who may be unfamiliar, a caliper is the component of the bike that allows for a single pivot side-pull, allowing the bike to reduce speed or stop. In Trek’s case, the front brake caliper can come in contact with a broken spoke, which puts the rider at risk of falling.

More recently, Advanced Sport International recalled 650 bicycles for an issue with the rear wheel freehub, which can reportedly slip while the rider is pedaling, putting the cyclist at risk for falling. A hub is the body at the center of the bike wheel, where the axle is located. A freehub is a kind of bicycle hub that incorporates a ratcheting mechanism.

Consumers in both cases are warned to stop riding their bicycles immediately and contact the distributors to receive free replacements. The Trek bikes retail for anywhere from $1,500 to $1,900 and the ASI Fuji bikes retail for up to $8,000. One would think especially for that kind of money that manufacturers and distributors would be extremely caution about the components they are producing.

Riders often assume that if they are injured in a Fort Lauderdale bicycle accident that didn’t involve any cars, they won’t be able to claim damages. However, that’s not necessarily true when there is a possible case of product liability at issue. Most people don’t consider when they fall that a defective bike or component could have been the problem. But that’s why it’s important, particularly if you’re seriously injured, to have your case examined by an experienced bike injury lawyer.

In general, there are three different kinds of product liability claims that can be brought against bicycle manufacturers and distributors:

• Defective design. This asserts injury due to overall poor design of the bicycle.
• Defective manufacturing. This asserts there was a component of the bike that was poorly made.
• Failure to warn. This asserts injury resulted because the rider was not given an adequate warning that should have been extended at the time the bike was sold.

There can also sometimes be grounds to assert improper assembly/ repair. This would be a claim that could be brought against a bike shop or bike repair shop for not properly putting the bike together or fixing it, resulting in a dangerous condition that causes injury.

These claims could be filed in addition to those against drivers of motor vehicles, if that is applicable to the facts of your case.

If you are involved in a bicycle accident that results in serious injury, it’s important to receive immediate medical attention firstly. It’s important thereafter to discuss the possibility of a claim with an injury lawyer. Our firm offers free consultations to those curious about whether they may have a valid injury claim.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Advanced Sports International Recalls Fuji Bicycles Due to Fall Hazard, March 15, 2017, CPSC

More Blog Entries:

Cyclist Injury Results in $4.85M Settlement, March 16, 2017, Bicycle Accident Laywer Blog

According to Bicycling.com, the bicycle accident occurred in 2014, when he struck an uneven sidewalk, resulting in a “ramp-like effect” that launched him 28 feet over the handlebars of his bicycle.

Apparently, a tree root had grown up through the concrete, raised it seven inches and cracked it, a condition the city was reportedly aware of the condition and failed to address it.

This is reportedly not the first time the city has paid out damages for bicycle accident injuries, though it is the largest amount the city has paid for this type of incident. Just last year, council members for the city agreed to pay $235,000 to a woman who was seriously injured after hitting a pothole while cycling in 2014. She was thrown from the bicycle, and suffered injuries to her head, pelvis and lower back, according to the San Diego Tribune.

That was one of several pothole-related lawsuits filed against the city in the last few years, each alleging city officials were aware of the dangerous condition, yet failed to address it.more

There was also a case involving an ailing 60-foot palm tree that fell on a man during a storm, causing him to suffer paralysis. Council in that case paid $7.6 million.

The most recent case involved a poorly-maintained sidewalk resulting in a bicycle accident. Plaintiff reportedly suffered torn spinal cord ligaments, as well as a stroke, in addition to numerous lost teeth and various cuts and bruises. He spent a full month in the hospital and then two months in an in-patient rehabilitation center. He continues to receive in-home care.

Here again, plaintiff alleged the city was aware of the potential danger of this uneven sidewalk, and yet failed to take corrective action or even post a sign indicating there may be a dangerous situation ahead. City attorneys initially insisted the condition was open and obvious, and therefore cyclist could have avoided it. Attorneys for the city also sought to introduce evidence of plaintiff’s prior history of mental illness and drug abuse. Although trial court was willing to allow evidence of the latter, it would not open allow the former.

A settlement prior to trial typically indicates a defendant perceives there is a risk if the case goes to trial, the jury will award more compensation than the settlement amount.

Here in Fort Lauderdale, the Sun-Sentinel reports the city is aware of at least 106 miles worth of bad sidewalks. City leaders have been working toward making the city more pedestrian-friendly and walkable. However, 25 percent are cracked, uneven or pock-marked, and that would cost $16 million to fix. That doesn’t even account for the more than 600 miles of sidewalk that are needed on streets where there are none.

It should be noted that the ordinance in this city requires property owners to install and repair sidewalks adjacent to them. While enforcement has been lax, it can still be grounds to seek compensation in a personal injury lawsuit if someone should trip-and-fall or encounter it on a bicycle.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

San Diego paying $4.85M to cyclist injured by damaged sidewalk, March 1, 2017, By David Garrick, The San Diego-Tribune

More Blog Entries:

Property Owner Liability for Dangerous Road Conditions, March 7, 2017, Bicycle Accident Attorney Blog

For the most part, these workers are diligent in doing their job safely. However, there have been some cases reported where the drivers are careless with property or in abiding basic traffic laws.

One such case was recently chronicled before a trial court in Seattle, where a bicyclist was awarded $38 million by a jury in a claim against a valet company whose drivers routinely took illegal shortcuts in dropping off and picking up vehicles.more

According to The Seattle Times, the 21-year-old at-fault driver and his co-workers routinely took an illegal shortcut cutting across a few alleyways and across two lanes of traffic. The drivers allegedly were never given safety training by their company (which profit nearly $130 million in the first nine months of last year).

And while the company didn’t direct its valets to take the short-cut, it was aware of the issue and never took action to stop it. Plaintiff alleged the company had actually received numerous complaints about this practice, yet didn’t intervene. In fact, these practices reportedly continued even after the incident in question, which occurred in October 2012.

Court records show that drivers routinely used alleys and shortcuts, rather than making the longer trip on city streets and through four separate intersections. Drivers were reportedly under a great deal of pressure to quickly get vehicles to and from hotel customers. Waiting through as many as four intersections was counterproductive, as far as the valet drivers were considered. The problem is it wasn’t safe.

While the cyclist was riding in the right lane around 4 p.m. on his way home from work, he was doing so in a lane marked by “sharrows,” which are the bike-shaped icons that are intended to let motorists know to expect cyclists. At the same time, the 21-year-old valet driver was crossing two lanes of traffic – while being perpendicular to it – and failed to see the cyclist. He was reportedly also distracted at the time of the crash.

The cyclist suffered severe personal injuries, including a traumatic brain injury, a shattered hip, broken ribs and internal bleeding. He had to undergo numerous surgeries, bringing his medical bills to $470,000 by mid-2015. His doctors testified he would likely need at least four or five more surgeries over the course of his life. He suffered permanent physical and cognitive impairments.

Before the crash, plaintiff was a traffic signal technician for the city, but since the bicycle accident has been unable to return to work.

This case is indicative of the fact that bicycle accident lawsuits can and often do result in damage awards that exceed six figures or even into the multi-million-dollar range. That’s because the extent of injuries is often so great.

Still, one must way the defendant’s ability to pay. In this case, the driver himself was a 21-year-old, who more often than not carry a minimum level of auto insurance. However, the company for which he worked can be held directly and vicariously liable, and luckily, this was a larger organization, which means it likely carried a higher insurance policy and thus there is more likelihood plaintiff will see all or most of his damages awarded.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Bicyclist severely injured in crash with parking valet is awarded $38M, Dec. 16, 2016, By Mike Lindblom, The Seattle Times

More Blog Entries:

Florida Most Dangerous Place for Pedestrians, Analysis Shows, Jan. 21, 2017, Fort Lauderdale Injury Lawyer Blog

That prompted the Idaho Department of Transportation to take decisive action on the issue of bicycle safety in that state. Now, new drivers are going to have to educate themselves on proper interactions with bicyclists as they navigate roads throughout the state. Driver’s education curriculum will be updated to meet the criteria that will ask new motorists on license exams about things like right of way, minimum distance and blind spots.

While bicycle-related questions were always within the pool of possible queries motorists could be asked, it wasn’t a given and a fair number of tests lacked any bicycle safety questions at all. Then this little boy was nearly killed.

As a spokesperson for the state department of transportation said to the Idaho Statesman, “I think it’s fair to say this tragedy kind of opened up the discussion.”

Now, the next question our Fort Lauderdale bicycle injury lawyers would ask is: Why aren’t we having this discussion in Florida?

Consider this:

• The National Highway Traffic Safety Administration reports there were nearly 750 bicyclists killed in the U.S. in 2013. That’s about 2 percent of all traffic fatalities.
• 68 percent of those who died were killed in motor vehicle crashes in urban areas.
• In Idaho that year, there were 3 bicyclists killed, accounting for 1.4 percent of all motor vehicle deaths.
• In Florida, there were 133 bicyclists killed that year, accounting for 5.5 percent of all motor vehicle deaths.

In January 2015, Florida unveiled a new written test for drivers and it was expected there would be some snags. But as the Tampa Bay Times reported, 3 out of 5 flunked the test in the first six months of 2015. In fact, there were some counties in which 80 percent of drivers failed it. This prompted officials to alter the test again, though they insisted this wasn’t to make the test any easier. Rather, they were simply trying to be more clear on the wording. But even after those updates, more than half of new test-takers failed the written test in June.

Tests are culled from a pool of 1,000 questions, but there was no assertion by anyone that there would be at least one or more questions related to bicycle safety, making it a lesser study priority.

Recently, the Seattle Post-Intelligencer requested a list of the top most commonly missed answers on driver tests in that state. Among those:

• When riding at night, a bicyclist must have a white headlight visible for: 500 feet.
• A driver should be extra alert for motorcyclists, bicyclists and pedestrians because: They are hard to see in traffic.

Other missed questions involved when it was necessary for motorists to turn on their headlights, when they are allowed to enter an intersection and when they have to report an accident.

To learn more about Florida bicycle laws, visit the Florida Bicycle Association’s website.

If you have been injured in a Fort Lauderdale bicycle accident, contact us.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Idaho Adds Bicycle Questions to Driving Tests, Dec. 29, 2015, By Caitlin Giddings, Bicycling.com

More Blog Entries:

Florida Uber Passenger Killed in a Crash, Dec. 27, 2015, Fort Lauderdale Bicycle Accident Attorney Blog

The collateral source rule, also sometimes referred to as the collateral source doctrine, prohibits the admission of evidence that a plaintiff or victim has received compensation from some source other than defendant. The idea is a defendant shouldn’t have to pay less for a tortious act just because a plaintiff had health insurance or collected workers’ compensation.

Still, since 1984, the court had allowed a limited admission of evidence regarding certain kinds of free or low-cost future collateral source benefits. But that has now changed. In the Joerg case, the court ruled all defendants are barred from introducing evidence of collateral source benefits plaintiffs may receive in the future. These include Medicare and Medicaid. Given that almost all Americans will at least collect on Medicare at some point in their lives, the decision has widespread implications in personal injury law.

In many personal injury lawsuits in Florida, recovery of medical expenses – including future expenses – is a big piece of the puzzle.

According to court records in Joerg, plaintiff here is a mentally disabled adult who lived with his parents his whole life and never worked. As a result of his situation, he received Medicare for medical bills. One day in November 2007, plaintiff was riding his bicycle when he was struck by a motor vehicle.

He filed a negligence action against the driver, as well as with respondant in this case, who was his own uninsured motorist carrier. Before trial, plaintiff withdrew his action against driver and pressed his case against the insurer.

His attorneys filed a motion to exclude all evidence of any collateral source of evidence to which plaintiff was entitled – including discounted benefits under the federal programs. Trial court granted this motion, but only with respect to past medical bills. When attorneys moved for reconsideration, trial court vacated that prior ruling and allowed the insurer to introduce evidence of future medical bills for specific treatment or services available to all citizens, regardless of wealth. However, it prohibited insurer from presenting evidence of future Medicare or Medicaid benefits.

Following a four-day trial, jurors awarded plaintiff $1.5 million – including nearly $470,000 in future medical expenses.

Insurer appealed, and the Second District affirmed on all issues – except with regard to the admissibility of future medical benefits. The court ruled that because plaintiff’s federal benefits were free and unearned, they should not be excluded by the collateral source rule. District court reversed on the issue of future damages and remanded.

Plaintiff then appealed to state supreme court. Justices held it was improper to introduce evidence regarding Medicare benefits because some are required to reimburse the agency for future benefits, and plus, there is no guarantee of these benefits. The court also ruled it was speculative to attempt to calculate damage awards based on benefits plaintiff hadn’t yet received and might never receive. Federal benefits – and eligibility for those benefits – are as always uncertain because they are subject to limited public funding or legislative action that’s unpredictable.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Joerg v. State Farm, Oct. 15, 2015, Florida Supreme Court

More Blog Entries:

Roma v. Moreira – Duty of Landlord to Prevent Tenant Injuries, Nov. 24, 2015, Fort Lauderdale Personal Injury Attorney Blog

• Fatalities per 100 million vehicle miles traveled;
• Percentage of fatal crashes involving failure to obey traffic laws;
• Drunk driving;
• Speeding;
• Careless driving resulting in fatal crashes with pedestrians and bicyclists per 100,000 residents.

Interestingly, Montana was deemed to have the worst drivers in the country. That was followed by South Carolina, New Mexico, Texas, Louisiana, Arizona, Hawaii, North Dakota Delaware and Mississippi.

However, Florida did come out No. 1 in one category: Careless Driving.

This comes as little surprise to our Fort Lauderdale car accident attorneys.

The Sunshine State ranked 16th for number of traffic deaths per 100 million vehicle miles traveled. We ranked 29th for traffic fatalities related to violations of traffic laws, such as obeying traffic signals or wearing a seat belt. We were 41st when it came to drunk driving and 51st when it came to speeding. However, we were No. 1 when it came to careless driving for fatal collisions with pedestrians and bicyclists per 100,000.

While the fact the state ranks so low with regard to speeding and drunk driving is a bit surprising, the grave situation as it relates to bicyclists and pedestrians is less than shocking. According to the National Highway Traffic Safety Administration’s annual Traffic Safety Facts for bicyclists and other cyclists in 2013, there were 743 bicyclists killed and another 48,000 killed nationally that year. That represented a 20 percent increase in the number of deaths since 2010, and was in no small part due to the numbers in Florida. That year, the state had 133 bicyclist fatalities, accounting for 5.5 percent of all traffic deaths.

The only state that had a higher number of bicycle deaths was California, which had 141. That’s just eight more deaths, despite the fact that California outnumbers Florida by about 19 million people.

Similarly, the NHTSA’s 2013 Traffic Safety Facts data on pedestrians indicated that of the 4,735 pedestrians killed in the U.S. that year, 501 of them were from Florida. California did have 200 more pedestrian deaths that year, but when population was factored in, California’s rate was 1.83 per 100,000 population, whereas Florida’s was 2.56 per 100,000 population. Delaware had the highest percentage of traffic fatalities – 2.70 per 100,000 population, but the overall number of pedestrian deaths in that state was 25. In the District of Columbia, the 9 pedestrian deaths in the state that year comprised 45 percent of all its traffic fatalities, compared to Florida’s 20.8 percent.

The most recent study factored in statistics available from the NHTSA.

Florida’s careless driving statute is codified in F.S. 316.1925. The law states that anyone who operates a vehicle on public roads have to do so in a “careful and prudent manner,” with appropriate regard for grade, width, curves, corners, traffic and “all other attendant circumstances.” Failure to do so will not only result in a ticket and fine, it could means civil litigation that results in costly liability for any resultant injuries.

Although the statute does not specifically define, “careful and prudent manner,” it’s often cited in rear-end collisions (for failure to maintain a safe distance), failrue to check when reversing (failure to yield), unsafe overtaking and striking a pedestrian.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Car Insurance Study Settles It: Montana Has Worst Drivers, Nov. 27, 2015, By Bart Jansen, USA Today

More Blog Entries:

Technology Holds Promise of Ending Driver Distraction, Nov. 13, 2015, Fort Lauderdale Injury Lawyer Blog