With its sunny weather nearly every day, Brevard County is an ideal place for bicycle riding. Large numbers of cyclists on the roads alongside cars, trucks, SUVs, and motorcycles make accidents a common occurrence.
A collision between a bicycle and a larger vehicle can result in severe, even catastrophic, harm to the cyclist, such as head trauma, back and neck injuries, broken bones, lost limbs, and paralysis. If you suffered injuries in a collision with a car while riding a bicycle, you might have had to spend days or weeks in a hospital and now face months of chiropractic treatments or physical therapy.
Even after you have completed your treatment, your life might never be the same. You might continue to experience a limited range of motion and now cope every day with chronic pain. You may not return to the job you used to do and now must figure out another way to support yourself and your loved ones.
The physical pain, stress, and worries about the future may have taken an emotional toll on your entire family. Anxiety may cause you to have trouble sleeping, and all the turmoil might have strained your relationships with your loved ones.
A Melbourne bicycle accident lawyer understands what you’ve endured and could help. Ben Crump Law, PLLC, has represented many clients who suffered severe injuries in collisions and helped them seek justice and compensation. We could file a personal injury lawsuit on your behalf. Call our office today at (800) 761-5225 to speak with a member of our staff.
Seeking Compensation in Melbourne
Florida is a no-fault insurance state. People involved in motor vehicle accidents must seek compensation first through their personal injury protection (PIP) insurance policy, regardless of who was at fault. If you were on a bicycle when the collision occurred, but you also own an insured motor vehicle, you might file a claim through your PIP coverage. If you do not own a car, you will file a PIP claim through the at-fault driver’s policy.
In some cases, people who suffered injuries in bicycle accidents can seek compensation outside the no-fault system. If you suffered “serious injuries” as defined in Florida Statutes § 627.737, you could file a personal injury lawsuit against the driver who hit you.
Filing a lawsuit might also allow you to collect compensation for other losses that PIP does not cover. For example, personal injury protection coverage does not compensate for pain and suffering, but you could claim for pain and suffering in a personal injury lawsuit. A Melbourne bicycle accident lawyer can help you determine whether PIP coverage applies to your case and meet the threshold of serious injuries.
For a free legal consultation with a bicycle accidents lawyer serving Melbourne, call (800) 761-5225
How Liability Affects Compensation
If it is unclear from the police report what led to the accident and who caused it, the team at Ben Crump Law, PLLC, can investigate to figure that out. We can interview you, the car driver, and eyewitnesses and review any surveillance or cell phone video of the crash that may exist. We can also seek assistance from an accident reconstruction expert to clarify any confusion about the sequence of events.
If the driver sped, talked or texted on a cell phone, drove while intoxicated, or violated any other traffic law, you could hold them liable for the accident. The motorist may also have responsibility if they failed to grant you the right-of-way when required.
In many cases, both parties share blame for a collision. For example, you may have changed lanes when you should not have, but the driver could not avoid a crash because they drove over the speed limit. In that case, a court or insurance adjuster might assign each of you a percentage of fault for the accident.
This finding would not disqualify you from receiving an award for your injuries and other damages. Under Florida Statutes § 768.81, which outlines Florida’s pure comparative negligence law, you could receive compensation even if the court finds you 99 percent responsible for the collision. You would simply receive a smaller award that only partly compensates you for your losses. The court would reduce any monetary award due to you by your percentage of fault—for example, if you have 25 percent of the responsibility and would have recovered $50,000, you would receive $37,500.
Melbourne Bicycle Accident Lawyer Near Me (800) 761-5225
Get Help From a Melbourne Bicycle Accident Lawyer
People who have suffered severe injuries in accidents sometimes hesitate to seek legal assistance because they worry that they could not afford to pay an attorney’s fees. If you have concerns about that, take note that Ben Crump Law, PLLC, operates on a contingency basis. That means that we do not charge clients who seek help with personal injury cases any upfront fees. Our firm covers litigation-related expenses and only collects a fee if we obtain a financial award on behalf of a client. Call our office 24/7 to learn more from a team member.
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State law restricts the amount of time victims can take legal action to pursue financial compensation. Under Florida Statutes § 95.11(3), the statute of limitations to file a personal injury lawsuit based on negligence is four years.
Although that might seem like a long time, months can fly by while you recover from a serious accident. It might also take a Melbourne bicycle accident lawyer several months to interview witnesses, gather evidence, and investigate all the factors contributing to the crash.
Once they have completed our inquiry, they will need time to file a lawsuit. It could then take several months, or possibly even years, for a court to hear your case. In the meantime, they will attempt to reach a settlement with an insurance adjuster or attorney representing the driver. If negotiations do not yield an agreement, your personal injury lawyer might have to take the case to trial. That could significantly lengthen the time required to recover compensation for you.
In the meantime, you may be unable to work as you continue to incur bills for medical care and everyday life. You and other family members might continue to suffer under the financial and psychological strain. Call Ben Crump Law, PLLC, today at (800) 761-5225 for a free case review with our team.
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