Miami Bicycle Accident Lawyer
In Miami, where the weather is beautiful year-round, outdoor recreation like bicycle riding is a popular activity. Unfortunately, bicycle accidents often result in severe, life-threatening injuries, or in some cases death. Cyclists toe the line between being pedestrians and being drivers of motor vehicles. They have most of the same rights to use roadways as drivers do, which makes them physically vulnerable in the event of a collision.
You could be the most seasoned cyclist who follows all the rules of the road and still end up being a victim of a tragic accident. When drivers on the road get distracted, speed, or simply misread signals, chaos can ensue. If you have been injured in a bicycle accident, do not wait any longer to consult with a Miami personal injury attorney. The financial, physical and emotional losses that follow an accident can be devastating. Put your trust in a personal injury who can fight to get you the compensation you deserve.
Common Causes and Injuries Involved in Bicycle Accidents
There a number of factors that could cause a bicycle crash. When a roadway is occupied by motor vehicles with an immense amount of horsepower and speed and bicycles that travel solely by way of human strength, a lot can go wrong. Some of the most common cause of bicycle accidents are:
- Intersection or lane merging
- Inattentive driving
- Fixed objects
- Driver opens door in bicyclist’s path
- Failure to stop at red lights and stop signs
- Uneven roadways
- Inclement weather conditions
- Failure to use turn signals
- Misreading signals
- Failure to yield the right of way
- Illegal substances
- Prescription drugs
There are certainly many other factors that can cause an accident to take place. It only takes one of the above factors to exist in order for a catastrophic accident to occur. Even when bicyclists wear helmets, they are still at risk for serious injury or death. Motor vehicle drivers have the safeguards of seatbelts as well as front and side airbags to protect them if they crash. Bicyclists do not have any substantial protection to shield them from the road or from cars, trucks and motorcycles. Some of the most common injuries associated with bicycle crashes include:
- Dental and jaw injuries
- Broken bones
- Head trauma
- Spinal cord injuries
- Ruptured disc or disc bulge
- Traumatic brain injury
- Internal bleeding
- Internal organ damage
- Neck injuries
Compensation for Bicycle Accident Injuries
Due to the severity of injuries caused by bicycle collisions, many victims require long term care and rehabilitation for months and even years after a collision takes place. With this type of specialized care comes an influx of medical bills that can amount to thousands of dollars. A skilled bicycle accident attorney can soften the blow that comes with this type of accident by helping a victim recover damages.
There are two types of compensation that a bicycle accident victim can receive in a personal injury cause of action: compensatory and punitive. The purpose of compensatory damages is to make the plaintiff “whole.” Compensatory damages are divided into two subcategories: monetary and nonmonetary. Monetary damages include:
- Present and future lost earnings
- Present and future medical care
- Household services
- Property damages
- Wrongful death damages
Nonmonetary damages are more difficult to calculate but they are nevertheless still recoverable. Nonmonetary damages include:
- Loss of enjoyment
- Loss of consortium
- Pain and suffering
- Emotional distress
Punitive damages are awarded in cases where the court finds that a defendant’s actions were particularly egregious or outrageous. The purpose of punitive damages is to make an example out of the defendant in an effort to deter people from committing similar acts in the future. Many states put a cap on the amount of punitive damages that may be awarded in a personal injury cause of action. In the State of Florida, an injured party can collect up to three times the amount of compensatory damages awarded or $500,000, whichever is greater.
Florida Statute of Limitations for Bicycle Accidents
The state of Florida has a four year statute of limitations for personal injury causes of action. This means that an injured person has four years from the date of the accident to file a claim in court. Florida has a two year statute of limitations for wrongful death causes of action. Thus, a victim’s family has two years from the date of the victim’s death to file a wrongful death claim.
Miami, FL Bike Accident Attorney Offering Free Consultations
If you or someone you love has been injured in a bicycle accident, call a personal injury attorney right away. A skilled and experienced personal injury attorney can help guide you through the litigation process and get you back on your feet again. The Law Offices of Prosper Shaked takes pride in providing high quality legal services to victims and their families. Call the Law Offices of Prosper Shaked today at (305) 690-0244 to schedule a free and confidential consultation with a Miami bicycle accident attorney who can help.