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If you were injured due to someone else's negligence, you may be entitled to significant compensation. Contact one of our experienced lawyers at (561) 293-2600 for legal advice and representation.
Cycling is a lightweight and environmentally-friendly way to commute, but sharing the roads with motor vehicle drivers can be risky. In many cities, efforts have been made to improve road safety for cyclists, but accidents still happen frequently. Despite the use of bike lanes and the growing awareness of bike hand signals, cyclists get injured or even killed in accidents almost daily.
While some of these accidents are avoidable, they are often the fault of motor vehicle drivers. Most roadway laws apply specifically to the conduct of drivers, and when they neglect these responsibilities, people can get hurt. Cyclists are at a much greater risk of injury due to their exposure to possible accidents. There’s simply little to nothing between them and the vehicles that injure them.
If you have been the victim of a cycling accident, Osborne, Francis & Pettis want to help. Contact us today so we can get you the compensation you deserve. You can contact our Boca Raton office online or call us at (561) 293-2600.
Unfortunately, Florida is becoming an increasingly dangerous place for cyclists on the roads. A recent study noted that Florida is, in fact, home to the most dangerous drivers in the country. Anyone on the streets should take every precaution possible: helmets should always be worn, cyclists should know how to signal drivers, and bike lanes should be used whenever possible. However, even these precautions do not change the fact that most collisions are the fault of motorists.
There are many potential causes of bicycle accidents. Chief among these causes, however, is negligence on the part of motor vehicle operators. Negligence is broadly defined as a failure to act with the legally appropriate amount of care and caution to mitigate risks. In practice, this negligence can take many forms. Some typical examples of negligence by drivers could include any of the following:
Many of these negligent acts can happen by accident, but they are still the driver's responsibility.
Of the 6,403 bicycle crashes recorded in Florida in 2021, 5,958 resulted in injuries. The simple truth is that since cyclists lack the protections that motor vehicles provide, they are very likely to result in serious injury. Broken bones, organ damages, internal bleeding, traumatic brain injuries, and loss of limb are not uncommon in these accidents.
In the case of a bicycle accident, you should always seek immediate medical attention. In the aftermath of an accident, you may underestimate your own injuries. Internal bleeding and soft tissue damage likely won’t be obvious right away. Waiting to seek medical attention in situations like these could result in injuries worsening, which could mean longer recovery times or permanent physical damage.
Waiting to seek medical attention could also create difficulty collecting compensation after an accident. It’s best to have documentation that you sought medical attention immediately so that injuries can be directly linked to the accident. Insurance companies may claim that your injuries could have been unrelated without this documentation.
In order to receive compensation in the event of an accident, it must be proven that the other party behaved negligently. Every driver has responsibilities under the law that are referred to as “duties.” Drivers, for example, owe a “duty of care” to everyone on the road to be attentive and focused. A failure to uphold these responsibilities is usually referred to as a breach of duty. These breaches very often come in the form of negligence.
Proving negligence is one of the primary reasons to employ a capable legal team with experience in bicycle accidents and other personal injury law. In the case of settlement, your attorneys will be equipped to investigate the accident and prove a breach of duty and its resulting damages.
In the case of a cycling accident, your settlement is affected by a variety of factors. The severity of your injuries, the costs of medical care, and even emotional and psychological trauma can all affect the amount of compensation you receive. If you are injured to an extent that involves missing time at work, you may be compensated for lost time. If you are injured in a permanent way, you may be compensated for a negative effect on your quality of life.
Ultimately, all compensation is meant to serve as payment for damages in some form. In this case, “damages” refers to the elements of your life negatively affected by your cycling accident. Lost wages, medical costs, and emotional distress are all forms of damages that you can be compensated for, and these compensations will be determined when a settlement is reached.
As described above, bicycle accident damages typically break down into two categories. These include economic damages and non-economic damages. In some cases where gross negligence is involved, punitive damages may be awarded to the injured party.
Economic damages include medical expenses, lost wages, and a loss of earning capacity. Loss of earning capacity can be critical, as it means that your injuries damage your ability to perform your job. If you are a surgeon but suffer severe damage to your hand, you may be compensated for this loss of future professional opportunities.
There are also non-economic damages, including pain and suffering, emotional distress, disability, and scarring and disfigurement. These cover some of the less visible impacts on your life. For example, if you develop PTSD from a cycling accident and have to commute using public transport, you may be awarded compensation for emotional distress.
Separate from these are punitive damages, which may be awarded if a driver’s actions were grossly negligent. Awards of punitive damages are relatively rare and usually occur in extreme circumstances, such as if a driver acted maliciously.
So you've been in a car accident. What happens next? There are many things that you should do but here are the three most important:
Number One: See a doctor immediately.
A broken bone is easy to see, but some injuries are not. The most common injuries from car accidents happen in the neck, back, or head. The only way to diagnose and treat them is by seeing a doctor. A doctor can help ease the pain, provide medication, reassure you of how your injury may impact your daily life, and tell you what not to do to make it worse.
A visit to the doctor can also give you legally protected time off to recover and rest your body after an accident, and it documents and provides the evidence you may need for your case. Even a five-mile-per-hour car accident can cause a serious injury. So whether you've had a severe accident or a minor collision, see a doctor. And if you don't have medical insurance, let us know and we'll make sure that you receive the proper care.
Number Two: Write everything down.
Even if it seems small, during times of stress or injury it is common to forget the little details. Make sure you keep note of the pain that you're in. With neck, back, and head injuries, sometimes simple activities such as walking up the stairs or picking up a toddler may cause severe pain.
You may not be sleeping well at night. Documenting how much you sleep and how often you wake up due to pain is also very important. And lastly, if you have any cuts or bruises, take daily photos as you heal. This will provide visual evidence of the injuries that you've suffered.
Number Three: Do not speak to an insurance company until you've spoken to a lawyer.
Please understand that the insurance adjuster works for a billion-dollar corporation and not for you. Their interests are solely for their insurance company, and their goal is to provide you with the least amount of financial settlement as quickly as possible. When you do speak with them, remember they will record the conversation. Why do they do this? Because they've been trained to ask questions that may confuse you. So talk to us before you talk to them.
So remember: See a doctor, document everything, and call us before calling the insurance company for your free private consultation. We are here for you. Real tough lawyers fighting real tough issues.
We offer personal injury victims a boutique style experience, while still providing the resources and aggressive legal representation of a large firm.
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Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.
"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"
If you are suffering due to a cycling accident, don’t wait. Contact Osborne, Francis & Pettis today so that we can get you the compensation you are owed. You can learn more about our attorneys online or schedule a free case evaluation by contacting our Boca Raton office online. Or call us at (561) 293-2600.
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