Miami Bicycle Accident Lawyer

Are Bicycle Accidents Common in Miami, FL?

Since 2008, the city has been working on multiple projects to make cycling safer and more enjoyable. Although many greenways, special lanes, and shared streets have been implemented into the infrastructure, bicycle accidents are still very common in Miami.

In fact, according to recent stats, Miami has had a spike in cyclist deaths, with 7.7 bicyclist fatalities per million citizens. These stats put the area among the top five dangerous cities for bike riders in the USA.

Bicycle Accident Statistics in Miami in 2024

According to the most recent data from the FLHSMV, there have been 15 fatalities in the city since the beginning of 2024. Although not all bicycle accidents may lead to wrongful death, the current stats show that the chance of sustaining a serious personal injury is still impressive:

The presented data shows overwhelming rates, and you should do your best to make sure that you are as safe as possible when out there cycling across Miami. Only 10% of all the existing bike lanes are equipped to ensure secure cycling, meaning that over 170 miles of the remaining lanes across Miami-Dade County remain unprotected. However, with a Bike Master Plan set in motion, the situation may change for the better soon.

Should you get involved in a Miami bike accident, get professional legal assistance to make sure that you don’t go from a personal injury victim to the at-fault party before you can say ‘accident.’ A trained bicycle accident attorney will take on the reins of investigation, negotiation, and representation, acting in your best interests.

What Is My Bicycle Accident Case Worth?

If you or your loved one has become an accident victim, you may wonder about the factors that will impact the amount of the settlement that you are entitled to. There are a few major aspects that will determine your case’s worth:

• Severity of injuries: The more serious the injuries, the higher the settlement. 
• Medical expenses: All the medical bills that are a direct outcome of a Miami, FL bike accident, including but not limited to hospital stays, prescriptions, and rehabilitation treatments, should be included in your personal injury claim calculations.
• Lost wages: If you couldn’t work due to the injuries sustained in a bike accident, or the incident has led to a temporary or permanent disability that affects your current or future earning capacity, your compensation should cover these costs.
• Property damage: Whether it is your bicycle or any other personal belongings that were damaged in the accident, the at-fault party must compensate for the repairs or the complete replacement expenses.

Most insurance companies will try to convince you to accept minimal compensation, acting in their best interests. A skilled personal injury attorney will help you calculate the most accurate settlement and recover damages despite the insurer’s unwillingness.

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What Types of Damage Can Be Recovered in a Miami Bicycle Accident?

There are different types of damages that bicycle accident victims can recover, depending on the circumstances of the incident. The three main categories of damages you can count on are economic, non-economic, and punitive.

• Economic Damages

  All the financial expenses triggered by the accident, also referred to as measurable or monetary losses, belong to this category. Your medical costs, both past and future, lost income, and property damage can and should be recovered in full.

• Non-Economic Damages

  Some losses that Miami bike accident victims suffer are less palpable than monetary damage, so it is harder to prove them. However, it does not mean that you cannot receive compensation for them. Mental anguish, depression, loss of joy in life, physical pain, and emotional suffering can be correctly calculated and rightfully settled. Although often it takes a seasoned Miami bicycle accident attorney to achieve a fair reimbursement.

• Punitive Damages

  If the at-fault party is found guilty of extreme neglect or intentional harm, they will be charged with punitive damages. These are punishment measures taken against the liable party to prevent such instances from happening in the future.

What Are the Leading Causes of Miami Bicycle Accidents?

Each bicycle accident case is unique, but there are a few frequent causes of bicycle incidents in Miami:

• Distracted driving: Every 7th car crash in Florida is caused by an inattentive driver. Moreover, distracted driving is the underlying cause of 9% of all fatal crashes across the country.
• Dooring accidents: Another leading cause of bicycle crashes across the state, including Miami, is a suddenly opened vehicle door. When the driver fails to check their side mirrors for cyclists, they can seriously harm the latter.
• Lane switches: A bicyclist is a lot harder to notice than larger motor vehicles, especially if the driver assumes there’s no reason to check the lane when switching.
• Right of way: Despite Miami authorities trying to turn Miami into a cyclist-friendly city, many drivers still neglect the right-of-way rule and often create dangerous situations by failing to yield to bicyclists.

What Are the Most Common Types of Injuries in Miami Bicycle Accidents?

A bike collision can result in various injuries to the victim, which can range from mild to life-altering. The most typical of them are:

• Head injuries: Traumatic brain injuries, concussions, and skull fractures can cause long-term or permanent physical and cognitive issues. That is why a cyclist must wear a helmet at all times.
• Back injuries: Spinal cord injuries can inflict paralysis, loss of mobility, chronic pain, and other life-changing conditions.
• Fractures: Broken bones are yet another dangerous consequence of a cycling incident. Although most people manage to recover from the injury fully, some may suffer from infections, blood clots, chronic pain, and arthritis in the future.
• Soft tissue injuries: Bruises, abrasions, scratches, sprains, and strains may seem the mildest of all, but these traumas can have consequences in the form of scars, infections, and even chronic pain.
• Psychological traumas: PTSD, anxiety, and depression can seriously impact the victim’s life, decreasing its overall quality and full potential.
• Dental injuries: Broken teeth, dislocated jaws, and various fractures are common bicycle accident injuries caused by falling off the bike after the crash.

Who Are the Liable Parties in a Bicycle Accident in Miami?

Very often, bike riders are falsely convinced that they are the sole liable party in an accident. However, if you follow all the traffic rules, stop at the signal, read the signs, and ride on the right side of the street, the chances are that you are not to blame for the crash. But who is? There are a few potential at-fault parties that Miami personal injury attorneys usually consider:

How to Prove Negligence in a Miami Bicycle Accident?

Proving negligence is rarely a simple task, especially if the at-fault party refuses to admit it. There are a few critical aspects to cover to ensure that your losses are fairly compensated.

• Duty of care: You can’t demand someone to compensate you for your injuries until you prove that the other party is obliged by Florida laws or federal regulations to abide by specific rules. In cases of bike accidents, these may be traffic laws, maintenance requirements, or other legal obligations.
• Breach of duty: Bike riders have to prove that the at-fault party has broken the outlined duties through speeding, leaving a dangerous road unattended, or acting in any other legally unacceptable way.
• Damages: Whether these are severe injuries sustained due to other people’s negligence, property damage, or any other personal losses, you should provide a complete list of all the damages you aim to recover.
• Evidence: Medical bills, police reports, and witness statements are valid proof of someone’s negligent behavior. However, some insurance companies may ask for more. In some cases, expert scene evaluation, accident reconstruction, and photo and video evidence should be provided.
• Legal assistance: A trained Miami personal injury lawyer will take care of all the points mentioned above so that you can focus on your complete recovery while they successfully prove negligence and secure the settlement you deserve.

What If I Am Partially Liable for My Bicycle Incident?

Simply put, Florida is one of the states that abide by the ‘comparative fault’ rule. It means that even if you are partially responsible for the incident, you can still recover your damages. However, they will be reduced by your percentage of fault.

If a cyclist rides their bike and runs at a red light or uses the main lane instead of a bike lane in Miami, and that leads to an accident, they are deemed as potential contributors to the case. Once the cyclist’s liability is proven, they will lose their right to settle for a maximum reimbursement of their damages. 

For instance, the overall losses are represented in the sum of $100K. If the rider is proven to be 30% responsible for the incident, they will be awarded only $70K in damages.

There are always exceptions to the rule based on the underlying conditions of the collision. In case the rider’s violation makes them more than 50% liable for the incident, they may be refused any compensation at all.

Each bicycle crash is different, so to make sure that you don’t agree to a minimal reimbursement or have fault shifted, you are advised to seek legal representation according to personal injury law. Professional bicycle accident lawyers know all the ins and outs of the system, ensuring that your best interests are preserved.

What Are the Benefits of Hiring a Trained Miami Bicycle Accident Lawyer?

A well-versed bike accident attorney in Miami has more than legal knowledge to put to the table. Cooperating with a reliable law firm will help you steer clear of lowball offers, legal system pitfalls, and other mistakes. Other advantages include:

• Case evaluation

  Most legal agencies offer free case evaluation services to help you understand where you are standing with your claim and what it’s potentially worth.

• Proof acquisition

  It may be challenging to access all the evidence due to restricted access or merely because you are recovering from your serious injuries. A trained legal representative will exploit all means available to gain information that proves your innocence and grants you the fairest settlement.

• Insurance company negotiations

  Miami insurance providers are rarely willing to give out a maximum compensation without a fight. A seasoned lawyer will negotiate with them on your behalf while you focus on healing.

• Court representation

  If the initial claim gets rejected, an expert legal advisor will help you file a personal injury lawsuit and take it to trial.

Cyclists’ Rights in Florida

In Florida, a bicycle is a full-scale vehicle, so cyclists have all the rights that the motor vehicle operators do. The same refers to the restrictions and regulations. Bicyclists can ride outside the bike lane if there are none in sight, meaning that they can drive on the sidewalk or the side of the road.

Vehicle operators have a set of obligations concerning cyclists in Florida. They must give the latter at least 3 feet clearance, yield to them when making a turn, and switch off high beam lights when a rider is approaching.

Florida Statute of Limitations for Bicycle Accident Claims

The simplest definition of the Statute of Limitation would be a state-governed deadline to file your personal injury claim and receive rightful compensation. In Florida, the timeframe is two years. 

Whether you’ve sustained serious injuries, property damage, or other losses in an accident and haven’t filed the claim within two years, you will lose your rights to any settlement. The same applies to wrongful death cases unless there are underlying conditions that couldn’t have been accessed or presented within the deadline. Usually, it takes an experienced lawyer to navigate the legal web and ensure the most plausible outcome of your case.

Contact a Miami Bicycle Accident Lawyer Today!

A bicycle collision can turn into something far more serious than a minor inconvenience on the road to work. If you or your family member has been injured in a bike incident in Miami or another city in Florida, it is best to act on it as fast as possible to secure the maximum reimbursement of your injuries, damages, and losses.

Call the Bicycle Accident Lawyers Group for a free consultation today! We’ll discuss your situation, come up with a success-oriented strategy, and settle for rightful compensation while you recover and gain strength after the incident.