Boca Raton Bicycle Accident Lawyer | Whittel & Melton
Your Go-To Boca Raton Bicycle Accident Law Firm
Many people who get injured in bike accidents don’t seek compensation. Some are unaware that they are eligible for an insurance payout or court-mandated damages; others brush the accident off as “no big deal” and move on.
This is a mistake. You may qualify for compensation even if your injury was relatively minor. An experienced Boca Raton bicycle accident lawyer from our team can advise you on the amount you could receive and how best to protect your interests.What Compensation Is Available in Bike Accident Cases?
You can typically claim compensation for:
- Healthcare expenses related to your injuries
- Lost income or wages
- Repair or replacement costs of damaged property
- Emotional distress
- Pain and suffering
You are eligible for compensation if you were in a bike accident and suffered physical injury, emotional suffering, financial loss, and/or property damage. This applies whether you were cycling, walking down the street, driving, or riding in a vehicle.
In the unfortunate event that a family member or your spouse dies in a bike accident, you can also file a wrongful death insurance claim or lawsuit on their behalf.What Kinds of Bike Accidents Qualify for Compensation?
All bicycle accidents can result in a payout if you prove that you suffered loss, regardless of who was at fault. This includes accidents due to the negligence of the cyclist or another party, as well as accidents caused by environmental factors such as bad weather, poor road conditions, or low visibility.How Severe Should Your Injuries Be to Warrant a Payout?
Most injuries will qualify for compensation. Common injuries we see in our practice include:
- Road rash
- Dental injuries
- Bone fractures
- Internal injuries
- Head and neck injuries
- Spinal cord injuries
- Brain injuries
A Whittel & Melton Boca Raton bicycle accident attorney can advise you whether your injuries warrant compensation and how to secure the maximum possible payout for that injury type.Who Should Pay for a Boca Raton Bike Accident?
Florida is a no-fault state. This means that after a bike accident, you must first tap your insurance regardless of who was at fault.
Here are the sources of compensation that may be available, in the order in which you can access them:
1. Your Personal Injury Protection (PIP) Insurance
All owners of motor vehicles with four or more wheels in Boca Raton and the state of Florida must carry PIP coverage. This gives you up to $10,000 in healthcare expenses and lost income.
If you have a vehicle and carry PIP insurance, your insurer will pay. It doesn’t matter whether you were driving that vehicle at the time of the accident.
If you don’t own a vehicle but live with a relative who does, you can tap into their PIP policy. Again, it doesn’t matter whether they were involved in the accident.
If neither you nor someone you live with carries PIP, the other driver’s PIP will kick in.
2. The Other Party’s Bodily Injury (BI) Insurance
In some cases, the $10,000 PIP limit may not be enough to cover your losses.
If so, you may file a claim against the BI policy of the party at fault and recover for bodily injury-related healthcare expenses, lost wages, pain and suffering, and loss of earning capacity.
This is usually the main source of recovery in more serious Boca Raton bike accident cases.
3. Your Uninsured/Underinsured Motorist (UM/UIM) Coverage
If the other party doesn’t carry BI insurance, or the policy limit is too low to cover your losses, check if your auto insurance includes UM/UIM coverage. If it does, you can file a claim on the same grounds as with BI coverage.
4. Court-Mandated Damages
If you have exhausted all the options above, consider filing a personal injury or wrongful death action. Depending on the circumstances of the accident, you could go after not just the party at fault but also third parties, such as the local authorities or the bike manufacturer.
To file a lawsuit, you must establish the following:
- Duty of care: Another party owed you a duty of care (for example, to follow traffic rules or sell you a functioning bicycle).
- Breach of duty: That duty was breached (for instance, the other driver ran a red light, or the bike manufacturer sold you a defective part).
- Causation: The breach caused or contributed to the accident.
- Loss: You suffered injury, or your spouse or relative died because of the accident.
You have two years from the date of the accident to file a personal injury claim and two years from the date of death to start a wrongful death claim.
If you decide to go down this route, it’s essential to speak with a bicycle accidents Boca Raton attorney on our team. Florida personal injury law is complicated, and lawsuits can be costly and time-intensive, so you need expert advice to ensure that your interests are protected.What to Do If You’ve Been in a Bike Accident in Boca Raton
Follow these steps to maximize your chance of receiving compensation:
- Call 911: If someone’s hurt, call 911 right away.
- Speak to the police: Law enforcement will likely get involved if the accident is serious. Explain what happened and answer all their questions.
- Gather evidence: Take photos of the scene and your injuries. Write down the other party’s name, contact details, license plate, driver’s license number, and insurance information. Try also to get the contacts of any eyewitnesses. Keep copies of any paperwork that proves your losses, such as medical documents, receipts, or invoices.
- Contact Whittel & Melton: Call one of our Boca Raton bicycle accident attorneys as soon as possible after the accident.
- Don’t admit fault, sign paperwork, or agree to anything: Don’t talk to the other party or their representatives before speaking with a Whittel & Melton bicycle accident attorney in Boca Raton.
Here are the answers to some questions we often get in our bike accident practice:
Can You Be Sued for a Bike Accident?
You can be sued for a bike accident in Florida, even if you were only partially at fault. In the event of a lawsuit, you will deal with the other party directly or with their insurance company. In either case, you should hire a Whittel & Melton bicycle accident lawyer in Boca Raton.
What Should You Do If You Have an Accident with a Cyclist?
If you have an accident with a cyclist, call 911 immediately. Where possible, take photos of the scene and get the cyclist’s contact details and insurance information. Speak with a Whittel & Melton bicycle accident lawyer in Boca Raton as soon as you can. If you are hurt, seek medical attention right away, even if the injury does not seem severe.
Can You Sue a Cyclist?
Yes, you can sue a cyclist in Florida if the insurance payout isn’t enough to cover your losses. Due to Florida’s comparative liability laws, it’s possible to take a cyclist to court even if you were partially at fault for the accident.
What Injuries Can You Get from a Bike Crash?
Common bike crash injuries include bruises, scrapes, cuts, road rash, dental injuries, dislocations, bone fractures, internal injuries, head and neck injuries, spinal cord injuries, and brain injuries.
How Do I Write a Letter to an Insurance Company for a Bicycle Accident?
It’s always best to speak to one of our Boca Raton bicycle accident attorneys before contacting your insurer. We will help you write the letter and will make sure to cover all bases.Looking for a Boca Raton Bicycle Accident Lawyer?
You have come to the right place. Our experienced bike accident attorneys will ensure that you get the compensation you deserve and guide you every step of the way.
Contact us today to get the process started.