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 to speak to an experienced West Palm Beach Bicycle Accident Lawyer in a free consultation today.
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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:
For all of these reasons and the extensive resources an attorney can provide is why it is in your best interests to hire representation.
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:
When a bicyclist is struck by any type of vehicle, even a slow-moving one, they often suffer catastrophic injuries, such as:
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.
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.
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.
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.
A catastrophic injury such as a loss of limb can occur in severe bicycle accidents, causing the victim to suffer permanent pain and disability.
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.
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.
Bicycle accident victims have the right to pursue compensation for:
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.
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.
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.
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.
The most significant risk factors contributing to severe bicycle accident-related injuries are as follows:
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.
