West Palm Beach Bicycle Accident Lawyer

Bicyclists are more susceptible to accidents in West Palm Beach and run a high risk of being severely injured when one does occur. If you were injured while riding a bicycle, you may have legal options to recover compensation from the at-fault party. Contact LaBovick Law Group online or by calling (561) 623-3681 to speak to an experienced West Palm Beach Bicycle Accident Lawyer in a free consultation today.

Why Choose Our West Palm Beach Bicycle Accident Lawyer?

  • We have maintained a 98 percent case success rate and are committed to obtaining favorable outcomes for our clients.
  • We have the experience and resources needed to succeed in your case.
  • To help give you peace of mind, we take bicycle accident cases on a contingency fee basis, which means there are no fees unless you win.

West Palm Beach bike accident lawyer

West Palm Beach Bicycle Accident Resources

Why You Need a Lawyer After a Bicycle Accident in West Palm Beach

Bicycle accidents are typically caused by negligent drivers, but that doesn’t mean an at-fault party’s insurance company will not try to pin the blame on you. They will look for inconsistencies in your story or may try to pressure you into settling quickly for an amount far lower than your case’s actual worth. Hiring a bike accident attorney in West Palm Beach will protect your rights and ensure you recover the compensation you deserve. They will handle: 

  • Investigating your accident to determine fault. 
  • Collecting evidence such as photos or video of the crash scene, the police report, testimony from eyewitnesses, available surveillance footage, and more.
  • Accurately evaluating your claim to assess its value. 
  • Dealing with the insurance companies on your behalf while protecting your rights.  
  • Ensuring you receive the proper medical treatment. 
  • Gathering and organizing copies of medical records and bills to prove your injuries, as well as pay stubs and/or tax returns to demonstrate lost income. 
  • Skillfully writing a demand letter to send the insurer requesting the amount of compensation you deserve to resolve the claim. 
  • All communication and negotiations with the insurer. 
  • Every aspect of your case, including taking it to court if necessary. 

For all of these reasons and the extensive resources an attorney can provide is why it is in your best interests to hire representation.

For all of these reasons and the extensive resources an attorney can provide is why it is in your best interests to hire representation.

Common Bicycle Accident Injuries

When a bicyclist is struck by any type of vehicle, even a slow-moving one, they often suffer catastrophic injuries, such as:

Traumatic brain injury

The primary cause of bicycle accident fatalities and long-term disabilities are traumatic brain injuries (TBIs). A TBI occurs when a sudden, violent blow or jolt to the head causes the brain to collide into the skull. These injuries frequently happen when a bicyclist’s head hits the ground or another object on the way down. TBIs can range from mild concussions to severe trauma resulting in permanent cognitive impairment. 

Head or Neck Injury 

In the accident, the bicyclist can hit their heads on the vehicle, the pavement, or another object which can cause severe lacerations and bruising. Neck pain is also a prevalent complaint. Victims may require medical treatment if they suffer a strain or sprain of the muscles, tendons, or ligaments in the neck. The leading neck injury is whiplash, caused by the neck being quickly jerked forward and then back.  This unnatural motion can result in severe neck pain, headaches, and dizziness. Pinched nerves and herniated discs can also occur, and the pain can last for years.

Spinal Cord Injuries

The force of the whipping motion caused by a bicycle accident causes stress to the spine. Spinal cord injuries (SCIs) can result in serious and lifelong repercussions, including paralysis and death. There are many kinds of SCIs that can occur with varying degrees of severity, but there are two basic types: complete and incomplete. With a complete SCI, the victim will have permanent neurological damage and will not have motor or sensory function below the injury site. Victims with an incomplete SCI will have some motor or sensory function below the injury site. A severe SCI often requires surgical intervention, physical therapy, chiropractic care, and other treatment. 

Severe Bone Fractures 

The impact of a bicycle accident can cause severe breaks or bone fractures due to the body being thrown or hit by an object. Surgery or a cast is often required to facilitate healing. You may also require prescription medications, physical therapy, and other ongoing treatment. In severe cases, victims can suffer chronic pain and impairment.

Loss of Limb 

A catastrophic injury such as a loss of limb can occur in severe bicycle accidents, causing the victim to suffer permanent pain and disability.

Disfigurement and Significant Scarring 

Lacerations, road rash, burns, and other injuries to the skin can cause lifelong or long-lasting scarring or disfigurement. Bicyclists can complete cosmetic surgery, but their physical appearance may be permanently changed. 

Bodily Trauma

The impact of a bicycle accident can cause internal organ damage. The cyclist may not be immediately aware of this type of injury, so it can quickly become life-threatening if not treated. Any signs of bruising or cuts on the abdomen are worth having evaluated by a medical professional. 

All of these injuries can result in significant medical bills and the inability to work for quite some time, if ever.

What Risk Factors Contribute to Severe Bicycle Injuries?

The most significant risk factors contributing to severe bicycle accident-related injuries are as follows: 

  • When a motor vehicle is involved. 
  • The bicyclist fails to wear a helmet. 
  • Riding in an unsafe environment. 
  • Riding while intoxicated. 
  • Male cyclists are more prone to injury. 
  • Cycling in the late afternoon or early evening, and summer, is more dangerous. 
  • Children between nine to 14 are at a higher risk of injury. 
  • When the cyclist has a pre-existing psychiatric condition. 
  • When a cyclist is from an unstable family environment. 
  • When the bicyclist is competing in mountain-bike racing. 

The sheer lack of protection significantly increases the chance of a bicyclist suffering severe injuries in an accident, especially if they are not wearing a helmet. 

Types of Compensation Available

Bicycle accident victims have the right to pursue compensation for:

  • Past and Future Medical Costs: To cover any costs related to the diagnosis, ongoing treatment, and rehabilitation of the injury. That includes, for example, emergency care, surgery, hospitalizations, in-home care, prescription medications, physical therapy, etc. A bicycle accident attorney may hire a medical expert to testify to the extent of the victim’s injuries, the time needed to recover, and any permanent repercussions.
  • Past and Future Lost Wages: The amount of income you have lost and will lose in the future from being unable to work while you recover. Your attorney may gather pay stubs and/or tax records to calculate and prove how much compensation you were expected to make.
  • Diminished Earning Capacity: Compensation for the difference between what you can earn now and what you should have earned if you were not injured. 
  • Pain and Suffering: Compensation for the physical pain and mental anguish caused by the accident. In some cases, victims suffer chronic pain and cannot enjoy the lifestyle and activities they were accustomed to before their injuries.
  • Emotional Distress: For any psychological conditions brought on by the accident, such as anxiety, depression, insomnia, PTSD, etc. Proof of intensive counseling and changes in lifestyle are often required to recover this type of compensation.

Punitive damages may be available, but only in cases involving a defendant (at-fault party) who acted with an extreme disregard for the safety of others. This type of compensation is intended to punish the defendant and warn others against similar behavior. 

Are Bicyclists Ever Responsible for an Accident?

Bicyclists can be partially or entirely at fault for an accident since they are required to follow the same traffic laws as motorists. Any negligent action on their part that contributed to the accident can reduce their ability to recover compensation—for example, riding on the sidewalk, failing to stop at stop signs or red lights, failing to yield to pedestrians, etc. Under Florida’s pure comparative fault system, each party involved in an accident can still recover compensation if they are partially responsible, but their percentage of fault will reduce their compensation. For example, if a bicyclist is awarded $100,000 and found 30 percent at fault for the accident and the driver is 70 percent, the bicyclist will recover 70 percent of their total compensation or $70,000.

What To Do After a Bicycle Accident in West Palm Beach

No matter how careful a bicyclist is, accidents can still happen. It can be difficult to think straight in the aftermath of a collision, but the steps you take after are critical: 

  1. Move to Safety: Immediately get off the road and move to a safe spot to avoid any oncoming traffic.
  2. Call 911: No matter the severity, it is always best to notify the police of an accident. Especially if you are injured, in shock, or cannot get the driver’s contact information. Emergency responders will arrive to treat those in need, and an officer will create an accident report, which will be vital to your insurance claim. 
  3. Seek Medical Care: See a doctor as soon as possible if you are not immediately taken to the hospital, even if you feel fine. Severe injuries can have delayed symptoms, and you need medical documentation to link any potential injuries to the accident. 
  4. Document the Scene: If you can, gather as much information from the accident scene as possible. Take photos and videos of where the collision occurred, the surrounding area, the vehicle, your bike, and injuries.
  5. Witnesses: Ask any witnesses for their contact information and if they will make a brief recording on your phone. Any statements will play an essential part in helping you recover compensation. 
  6. Don’t Discuss Fault: Never admit or discuss who was at fault while at the scene of the accident, as this can negatively affect your claim. 
  7. Contact an Experienced West Palm Beach Bicycle Accident Lawyer: The next best thing to do is consult an attorney. They can advise you on your legal options and the best course of action. 

How Much Does a West Palm Beach Bicycle Accident Lawyer Cost? 

Most bicycle accident lawyers in West Palm Beach, including LaBovick Law Group, take cases on a contingency fee basis. This means you do not have to pay any upfront fees to retain representation. In addition, you are not responsible for any case-related expenses. Your attorney will cover the costs involved in handling your claim, and you will only owe legal fees if you win. If you do not recover compensation, you do not have to pay your lawyer. 

The contingency fee will be dependent on the amount of compensation you are awarded in your settlement or verdict. It will often be between 33 to 40 percent of your recovered compensation, plus court costs. However, some bicycle accident lawyers may reduce or increase their fee based on the work involved before resolving your case. For example, 25 percent if your case settles before filing a lawsuit, 33.3 percent if it settles after a lawsuit is filed, and 40 percent if your case goes to trial. 

Other bicycle accident lawyers work on a sliding scale fee. For instance, 30 percent of any recovery up to $100,000 and 20 percent of any recovery over $100,000, etc. However, it will depend on the attorney you hire. Make sure to discuss the agreement before signing so you completely understand the terms. 

Speak to a West Palm Beach Bicycle Accident Lawyer Today

If you or a loved one has been injured in a bicycle accident, we can help you hold the at-fault party accountable. Contact our office at (561) 623-3681 to schedule your free consultation with one of our experienced West Palm Beach Personal Injury Attorneys.