Can You Sue If You Get Hit By a Car on a Bike?
Can You Sue If You Get Hit By a Car on a Bike?

Can You Sue If You Get Hit By a Car on a Bike?

  Reading Time: 3 minutes
   Reviewed by Sean K. McQuaid, Trail Attorney at Personal Injury Attorneys McQuaid & Douglas

If you were hit by a car while biking, you might be eligible for compensation. In Florida, there are specific laws regarding how the insurance company will pay for your bills.

Steps to Take After a Florida Bicycle Accident

Taking the right steps after a bicycle accident is crucial to ensuring a successful outcome for your claim. The first step is to get medical attention as soon as possible. Delaying medical attention could hurt your claim later. Do not make the assumption that just because you can get on your bike and leave, you don’t need medical care. Sometimes the shock and adrenaline mask the initial pain of an injury. Moreover, some injuries have delayed symptoms. The last thing you want is to worsen your injury by failing to get prompt medical care.

Also, be sure to keep a record of any medical records, bills, and test results to keep as evidence. This will help support your injury claim later in the legal process. Your attorney might want to gather evidence to help demonstrate the extent of your injuries from the accident. Here are a few additional steps to take after getting hit by a car while riding a bike:

  • Report the accident to the local police right away. Be sure to get a copy of the official police report.
  • Take pictures of the accident scene, any injuries you have, and any damage done to your bike.
  • Get the driver’s contact information, vehicle make and model, and other relevant information.
  • Refrain from posting on social media. Understandably, you may want to vent to your friends and family by posting about the accident. However, this can jeopardize your claim. Legal experts will advise against posting details about your accident on any social media platform. The insurance adjuster might look at your social media accounts to find information to discredit your injuries. For example, let’s say you claimed to have suffered injuries that limited your ability to move around. But then you posted pictures of yourself at a social event, and they might have questions about the true extent of your injuries. To avoid inadvertently creating discrepancies in your story, it’s best to lay low and stay off social media during your claims process.

What Damages Can I Claim After a Florida Bike Accident?

While there is no rule book or fixed price for the value of a bicycle accident, your lawyer can help you calculate damages. Depending on the circumstances of your case, you might be eligible to recover for the following damages:

  • past and future medical bills, including ongoing or long-term care and physical rehabilitation
  • Present medical bills
  • Lost wages
  • Reduced earning capacity
  • Property damage
  • Pain and suffering
  • Inconvenience
  • Emotional distress
  • Loss of consortium

Remember that you must file a claim within the statute of limitations. That means you have a time limit if you want legal recourse after a bike accident. According to Florida Statutes § 95.11, personal injury victims must file a claim four years from the accident date.

Helpful Resources if a Car While Hit You on a Bicycle in Florida

Hiring a legal professional will provide valuable resources you might not have if you try to pursue your claim independently. An attorney can help you carry out a thorough investigation of the case and protect your legal rights. In addition, they will save you the headache of dealing with insurance companies and handle all legal proceedings for you. That way, you can focus on recovering and restoring your life.

Some other ways a lawyer can be beneficial after you are hit by a car while riding a bike include:

  • Having a network of professionals that can help testify or support your claims (e.g., accident reconstruction experts, forensic accountants, medical experts, etc.)
  • Explain your rights and the bicycle accident laws in your jurisdiction
  • They can help you determine a fair and accurate value for your claim.
  • A lawyer is a skilled negotiator who knows insurance company tactics and how to anticipate their next move. They can handle the communications with insurance companies on your behalf, so you don’t get bullied or taken advantage of.
  • They can help you file all necessary paperwork within the statute of limitations.
  • Your lawyer will help you gather, preserve and present all relevant evidence.

The last thing you want to deal with after being hit by a car and sustaining injuries is the complex legal process. That’s why working with a lawyer can help you achieve a successful outcome with less stress while protecting your rights.

Contact a Florida Bicycle Accident Injury Lawyer

Contact a Florida personal injury lawyer today if you suffered damages after a car hit you while riding your bike. We can help you make things right. We work hard to protect your rights and help you pursue the compensation you deserve.

Call us today for a free initial case review.

Disclaimer
This website is meant for general information and not legal advice.
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