Injury Attorneys Dedicated to Helping Miami Residents
In a beautiful state like Florida, with many scenic parks, beaches, and tourist attractions, bicycles can be a great way to travel around or to get some exercise. The state also has many thousands of miles of roadways that converge in busy city centers. This unfortunately also creates opportunities for bicyclists to find themselves involved in a motor vehicle accident. Bicycle crashes happen frequently in intersections and other areas where bicyclists must cross paths with cars and trucks. Many drivers collide with bicyclists due to distracted driving, speeding, or following too closely, among other careless behaviors. At the Acosta Law Firm, our Miami bicycle accident lawyers have provided aggressive legal counsel to victims throughout South Florida. A personal injury attorney may be critical in helping you seek the compensation that you deserve.
Assert Your Rights against a Careless Driver after a Bicycle Accident
A bicycle accident tends to lead to a personal injury lawsuit. In this type of claim, the plaintiff must show that the defendant failed to act with due care and that this failure was the cause of his or her injuries. The duty of care is a general standard that applies to each of us in almost every facet of our lives. It requires us to exhibit the same care and precaution that a reasonable person would use in a comparable set of circumstances. For motorists, this involves driving safely under the current road, weather, and traffic conditions, including obeying all applicable laws.
If the plaintiff can show that the defendant violated a traffic law at the time of the accident, for example, a rebuttable presumption arises that the defendant breached the duty of care. Common traffic violations leading to bicycle accidents include failing to yield the right of way at an intersection, driving while intoxicated, improperly swerving across a bicycle lane to make a turn, or changing lanes without signaling.
After showing that the defendant breached the duty of care, the plaintiff must show how this careless conduct was a direct and foreseeable cause of the bicycle crash. Finally, the plaintiff must be able to identify damages that are reasonably quantifiable. These can include a wide range of costs and losses, such as medical expenses, physical therapy, lost wages, and pain and suffering.
In some unfortunate circumstances, a bicycle accident may result in a loss of life. When this happens, Florida law allows surviving relatives to bring a wrongful death claim seeking compensation for the loss of their loved one’s companionship, support, and love.
Consult an Experienced Bicycle Accident Lawyer in Miami
The Miami bicycle accident attorneys at the Acosta Law Firm understand what it takes to vigorously assert your rights against the party responsible for your injuries. Our lead attorney, Julio C. Acosta, formerly worked for insurance companies and knows how to protect your interests against them. Our car accident attorneys proudly serve injured individuals throughout South Florida, including in Hialeah, West Palm Beach, Coral Gables, Fort Lauderdale, Pembroke Pines, Kendall, Homestead, Key West, Doral, and Key Largo, as well as other cities across Miami-Dade, Broward, Palm Beach, and Monroe Counties. Call us at 305-858-8880 or contact us online to set up a free consultation.