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

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