bicycle accident attorney

July 10, 2023

How Fort Lauderdale Bicycle Accident Lawsuits Differ From Other Injury Cases

Florida has the unenviable distinction of consistently having more reported bicycle deaths than anywhere else in America. It’s important to understand that if you’re injured or a loved one is killed in a bike-car crash that Fort Lauderdale bicycle accident lawsuits differ from other types of injury/wrongful death cases in a number of ways.

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

February 15, 2022

Why Are There So Many Bicycle Accidents in South Florida?

By Ansara Law Personal Injury Attorneys

No matter how you dice the statistics, Florida has the highest rate – and number – of bicycle accidents in the entire U.S., a fact that has remained fairly consistent for years, illustrated by the growing number of white-painted “ghost bikes” dotting the urban landscapes and intersections. Florida bicycle accidents lawyer

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. Continue reading

March 16, 2017

Cyclist Injury Results in $4.85M Settlement

By Ansara Law Personal Injury Attorneys

A cyclist injured upon encountering a defective sidewalk has been awarded $4.85 million to settle a personal injury lawsuit against the settle with the city of San Diego.

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. Continue reading

November 28, 2015

Car Insurance Study: Florida No. 1 for Careless Driving

By Ansara Law Personal Injury Attorneys

The good news is that for what seems like the first time in a long time, Florida has a relatively low rating when it comes to poor driving: 32 out of 51 (with D.C. included), according to a recent study by CarInsuranceComparison.com. In fact, it doesn’t even rank in the top 10 when study authors ranked factors such as:

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. Continue reading