3 FAQs About Filing a Bicycle Accident Claim in Florida
In Florida, cycling is a popular hobby among both residents and tourists alike. Locals can cycle to work 12 months out of the year, while visitors travel from all over to enjoy some of the most scenic trails in the country.
Unfortunately, regardless of whether you cycle for the beauty or the practicality of it, you run the risk of getting seriously injured every time you pedal off. Cycling alongside moving traffic at some point during every ride is virtually unavoidable, and you can’t rely on passing motorists to exercise reasonable care.
If you were struck by a reckless driver on one of your rides, you’re probably wondering how to proceed. Assuming you weren’t entirely at fault for the crash, you probably have grounds for legal action.
While no amount of money will erase what happened, filing a claim could at least yield the compensation needed to pick up the pieces in the aftermath. If you’re wondering what to do next, read on. Here are the answers to a few of the most questions about proceeding with a bicycle accident claim:
1. How Do You Prove Fault for a Bicycle Accident?
When putting together your case, the most convincing evidence of fault is going to come down to the circumstances surrounding the crash. Generally speaking, it will probably include both evidence from the scene and proof compiled after the fact. Examples of the former include photographs of the wreckage and helmet cam footage. Examples of the latter might include eyewitnesses testimony, EDR logs, and toxicology reports.
2. What Kinds of Losses Can You Include in a Bicycle Accident Claim?
Florida recognizes both the economic and non-economic damages that bicycle accident victims incur. As such, recoverable losses—assuming you can prove you actually suffered them—include:
- Medical expenses,
- Lost income,
- Lost earning capacity,
- The cost of replacement services,
- The cost to repair or replace any damaged property,
- Home and vehicle modifications needed to accommodate any permanent disabilities,
- Emotional distress,
- Loss of enjoyment in life,
- Pain and suffering, and
- Loss of consortium.
3. How Long Do You Have to Take Your Bicycle Accident Claim to Court?
Most valid bicycle accident claims are settled, which means going to court is unlikely. In the rare event that a dispute arises, however, and coming to an agreement is impossible, you will have a limited amount of time to bring a lawsuit.
Florida’s standard statute of limitations is four years from the date on which the cause of action occurred. You should know, though, that there are quite a few exceptions that can shorten this deadline considerably. Moreover, some of the most valuable pieces of evidence may be time-sensitive, so it’s best to get your case underway as soon as possible.
Discuss Your Case with a Bicycle Accident Attorney in Stuart
At Donaldson & Weston, we know how devastating bicycle accident injuries can be. If your life was forever changed by a reckless driver, we want to help you pick up the pieces. Call 772-266-5555 or submit our Contact Form to schedule a free initial consultation with a bicycle accident lawyer in Stuart.