Under Florida Law, a bicycle accident victim can claim an amount anywhere between $100,000 and $600,000. Settlement amounts vary by case.
Bicycles are usually a safe mode of travel. Unfortunately, bicyclists are exposed to road risks even more than motorcyclists. Both riders are vulnerable to external forces, but motorcycles have a greater mass than bicycles. And bicycle accidents are more common than many people think. Even pedestrians can collide with bicycles, resulting in minor accidents. Bicyclists often suffer critical injuries when hit by another vehicle.
Florida is a no-fault state. The state law entitles victims to compensation for the losses they suffer in a crash. The primary reasons include the state’s weather hazards, unpredictable motorcycle movements, and poor road conditions, among others. When an individual is injured in an accident due to someone else’s fault or negligence, the victim deserves a settlement. Expert bicycle accident attorneys in Orlando guide the victims through the process and explain what to expect in compensation. The blog breaks down the key factors that influence the accident settlement amounts in Florida.
What’s An Average Bicycle Accident Settlement Cost in Orlando
Between 2014 and 2021, more than 600 bicycles experienced fatal accidents on the streets of Florida. Florida Law allows bicycle accident victims to file an accident claim to pursue compensation from the liable party. Most bicycle accident claims settle before they reach court. The victim needs the support of an expert attorney to win the maximum settlement amount.
The average settlement value for a bicycle accident depends on the specifications of the case and the attorney’s ability to negotiate. A bicycle accident lawyer explains what damages come under a victim’s claim. There is no fixed average settlement amount for a bicycle accident, but various factors influence the settlement value.
What Are the Common Causes of Bicycle Accidents?
Bicycle accidents can occur anytime, anywhere. Bicycle riders do not have any physical protection other than helmets. Even on streets with low traffic rates, bicycle accidents can result in serious injuries. The injuries can be fatal, too.
Common causes of bicycle accidents include –
- Lack of focus on the road and other vehicles
- Failure to yield to other vehicles and pedestrians
- Overspeed
- Nighttime riding
- DUI (Driving under the influence of drugs, alcohol, or medication)
- Poor road conditions
- Weather hazards
Most bicycle accidents result from the other drivers’ negligence, but in some cases, the cyclists are found to be at fault too. Rides should be safe and cautious. In certain unavoidable situations, cyclists must maintain a higher level of awareness to prevent accidents.
Factors that Influence Bicycle Accident Settlement Worth
Like all personal injury claims, several factors can influence the settlement value of a bicycle accident case. Not only does the accident result in monetary losses, but it also affects the non-economic aspects of life. The compensation value calculates both economic and non-economic damages. Further damages include mental trauma, physical pain, lost wages, and property damage. The common factors that affect a bicycle accident settlement value.
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Negligence and Liability
It’s crucial to determine who is at fault in a bicycle accident, as it directly influences the settlement value. When a cyclist is fully or partially at fault in an accident, the liable party’s insurer may reduce or deny the claim altogether. In case the negligent party is clearly at fault, the settlement value is likely to be high.
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Extent of Injuries
Another factor that determines the worth of a bicycle accident claim is the extent of injuries. Injuries like traumatic brain injuries, broken bones, and spinal cord damage cause extreme pain and trauma. Victims with these injuries take a long time to recover. Medical expenses are also high. Rising medical bills, rehab costs, physical pain, emotional distress, loss of ability to work, and income add to the total settlement worth.
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Evidence and Documents
The documents include police reports, medical records, witness statements, photos, and videos of the scene. These proofs and evidence help build a strong bicycle accident case. Inadequate proof can reduce the chances of a fair settlement.
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Economic Losses
Financial or economic losses count what’s quantifiable. These losses include medical costs, vehicle or property damage, loss of ability to work, lost income, etc. The settlement cost is calculated based on the direct financial crunch. The bicycle accident attorneys document the losses and costs to calculate the financial damages. The direct economic losses maximize the total settlement value.
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Non-economic Losses
Non-economic losses are not direct monetary losses. These include physical pain, mental trauma, loss of quality of life, loss of enjoyment and pleasure, loss of companionship, loss of inheritance, which are difficult to quantify. These losses can substantially add to the settlement value. Victims deserve a higher settlement value in case the injuries leave long-term effects on their lives.
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Expertise and Experience of the Attorney
The representation skills of the bicycle accident attorney have a strong impact on the accident settlement amount. An attorney can efficiently negotiate with insurance companies to win the maximum settlement. The attorney collects all available evidence and documents and fights for the highest possible settlement value.
Vital Legal Considerations in Bicycle Accident Claims
Given the critical factors that affect a bicycle accident settlement claim, an experienced attorney considers several vital legal aspects and Florida bicycle accident laws. The key considerations influence a case’s outcome.
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Florida Statute of Limitations
Under the Florida Statute of Limitations, a bicycle accident victim must file the claim within the given timeline of 2 years. If the claim is not filed within this timeline, the victim may not qualify to file a claim. After a bicycle accident, it’s crucial to know the deadline to preserve personal injury rights. The victim needs an expert bicycle accident attorney for the right legal guidance.
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Comparative Negligence
The State of Florida has rules and regulations on how an injured victim’s negligence can affect a compensation claim. States that follow the law of comparative negligence reduce the victim’s compensation based on the degree of the victim’s fault. The law doesn’t deny the victim compensation, but it decreases the amount.
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Traffic Laws
Cyclists must adhere to traffic laws, just like motor vehicles. If the cyclist is found to violate traffic laws, it can negatively impact the claim and lower the settlement value. If the cyclist suffers injuries even after complying with traffic laws, the attorneys help them build a solid compensation claim.
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Helmet Laws
Helmet law is a key factor that determines the victim’s settlement value. Whether the cyclist was wearing a helmet at the time of the accident affects the case. If the cyclist did not have a helmet at the time of the crash, the defense’s lawyer may argue that the injuries could have been avoided if the rider had helmet protection. It can reduce the settlement amount.
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Uninsured or Underinsured coverage
When the at-fault driver is uninsured or underinsured, the cyclist can recover their damages from their own uninsured and underinsured motorist coverage. The victim must understand how the coverage works and how to file a claim. An expert bicycle accident lawyer better understands insurance coverage and fights for it confidently.
Each legal consideration leaves a deeper impact on the bicycle accident claim. Our bicycle accident attorneys are well-versed in handling the legal processes efficiently on your behalf.
Steps to Take After a Bicycle Accident to Strengthen Your Claim
After being injured in a crash, a bicyclist must take a few steps to strengthen their accident claim. The victims need to know what they should do immediately after the accident to preserve their personal injury rights.
- Call 911
- Seek Medical Assistance
- Document the Scene
- Talk to the eyewitnesses and collect testimonies
- Consult a bicycle accident attorney
- Don’t directly communicate with the motorist or insurer without the assistance of an attorney.
How Our Bicycle Accident Attorneys Help the Victims
If you have been injured in a bicycle accident in Florida without your fault, you can claim compensation for the losses suffered. Our attorneys understand the physical and mental pain and financial struggle that an accident may cause. At Injury Assistance Law Firm, we work hard to ensure you get the justice you deserve.
In a personal injury case, our attorneys –
- Gather evidence to support the case and determine the value of your losses.
- Identify the liable parties and assess the liability.
- Communicate with all involved parties and professionals.
- Protect your personal injury rights as per the Florida Statutes of Limitations.
- Proceed to trial if the settlement can’t be negotiated outside of court.
Our bicycle accident attorneys in Orlando support you throughout the case. In our contingency fee policy, you pay us once you win the case, not a single penny before that.
