Tampa Bicycle Accident Lawyer

Tampa, Florida has sixty-six certified Bicycle Friendly Businesses, the most in the nation according to the League of American Bicyclists.  Cycling is a healthy, environmentally-friendly way to commute to work, the grocery store, or wherever else you may need to go. However, there are still many careless and negligent motorists who strike and injure Tampa cyclists far too often.

If you or a loved one have been hurt in a cycling accident then call the Tampa bicycle accident lawyers at Diaco Law at (813) 221-7978.  Our Tampa personal injury attorneys are available to provide a free consultation about your legal rights in the wake of your injury.  Our bicycle accident attorneys in Tampa, FL, bring extensive experience and understanding of the law to every case they touch, and our client’s attest to our results.

Meet Diaco Law’s Tampa Bicycle Accident Attorneys

Common Causes of Bicycle Accidents

Every car accident case is different, but there are common culprits in causing bicycle accidents in urban areas such as Tampa Bay. Here are just a few of the most common causes of bicycle crashes: 

• • Motorist’s Failure to Yield: Motorists are legally obligated to yield the right-of-way to bicyclists in Florida, but all too often they fail to do so–with devastating consequences for victims.

• • Distracted Driving: Motorists who text, eat, or are otherwise preoccupied while driving are a preeminent cause of bicycle accidents–particularly in their blind spots and at intersections.

• • Dooring: Dooring is a term used to refer to the instances in which a cyclists crashes or swerves to avoid a car door that suddenly opened in their path.  This occurs more commonly in areas with on-street parking.  

• • Poor Road Conditions: Some bicycle accidents are caused due to unsafe road conditions like potholes, debris, construction zones, and slick surfaces.  These are so dangerous because bikes are more sensitive to uneven and damaged pavement.  

Common Bicycle Accident Injuries and Their Long-Term Impact

Because bicycle riders have so little protection from the force or impact of a crash, and because they are often thrown from their bikes, many bicycle accidents can cause serious and sometimes long-lasting damage. 

Some of the most common types of bicycle accident injuries are listed below, along with information on the long-term consequences that these bike accident injuries can cause:

• • Head injuries: Head injuries, including skull fractures and traumatic brain injuries, are common. These injuries can be fatal or can cause long-lasting changes to mood, cognitive function, and personality. A history of TBIs can also increase your risk of dementia later in life.

• • Broken bones: A bike rider who is struck by a car can break bones, especially if they are thrown from their bike and hit the ground hard. Fixing broken bones can take complicated surgeries and weeks or even months of wearing a cast, and not all broken bones heal properly, which can cause lasting impairment.

• • Spinal cord damage: Sometimes the spine is damaged by the force of the crash or by hitting the ground when thrown from the bike. Damage to the spinal cord can lead to loss of motion, loss of sensation, or both. Victims who suffer paralysis due to a spinal cord injury will likely need lifetime care. 

• • Soft tissue injuries: These types of injuries, like sprains, strains, and whiplash, can cause ongoing pain and impair freedom of motion. 

• • Lacerations or abrasions: Cuts and bruises can occur as a result of hitting the road or being struck by a car. These can cause permanent scarring and can sometimes become infected or lead to substantial blood loss. 

These are just some of the many different bicycle accident injuries that victims could suffer if they become involved in an accident. 

When you experience long-term injuries due to your bicycle crash, you deserve to be compensated not just for the damage you have endured so far but also for the ongoing consequences that your injuries will have on your earning power and quality of life, as well as for ongoing medical bills. Diaco Law will help you fight to get the money you deserve. 

Determining the Value of a Bicycle Injury Claim

There are many factors that affect what a bicycle injury claim is worth. These factors include:

• • The extent of the damage: Bike accident victims should be compensated for medical costs, lost wages, pain and suffering, and emotional distress. The more serious the accident and the more severe the damage, the more compensation should be available.

• • Available insurance coverage: An insurance company will not pay above policy limits. If an injured victim’s losses exceed policy limits, the victim could try to make the at-fault party pay directly out of their personal assets, but this is often difficult. As a result, many people will accept a settlement offer that is at the policy limits if it is close to compensating them enough.

• • The strength of the evidence: The stronger the evidence that a driver was to blame, the more likely it is that the insurance company will offer a fair settlement or that the victim will feel comfortable going to court to try to get a court verdict in their favor. 

• • Whether blame is shared: Under Florida’s comparative negligence rules, if you are more than 50% responsible for your injuries, you can’t recover compensation. However, if you share some blame, you can pursue a claim against the other driver, and your damages will simply be reduced by the percentage of fault attributed to you.

• • Whether you have an attorney: If you are represented by a lawyer, your attorney can fight for you and stand up to the insurance company on your behalf, so you are more likely to get fair compensation. 

Diaco Law can help you understand what your case is worth and can help you fight for the full and fair compensation that you deserve.

What To Do After a Bicycle Accident

If you are involved in a bicycle accident, some of the steps you should take after the incident include:

• • Calling the police so they can investigate the crash and write an accident report

• • Taking photos from the crash scene of the vehicle, the bicycle, any damage, any marks or debris on the road, and the surrounding areas

• • Exchanging contact details and insurance information with the other parties involved in the accident

• • Getting contact details from witnesses in case there are questions about how the accident happened

• • Reporting the accident to your own insurer in case you need to make a claim

• • Getting prompt medical help and making sure your injuries are documented so you can prove they resulted from a crash

You should also call Diaco Law so you can get an experienced and compassionate legal professional to begin working on building your case from day one.

How Long Do Injured Bicyclists Have to File a Case?

There is a two-year statute of limitations on personal injury claims in Florida if the action is based on negligence. You must bring your claims within the two-year period of time or your case will be time-barred. 

Florida Bike Helmet Laws and Liability

Under Florida law, bike helmets are required for riders 16 or under. Adults do not have to wear a helmet and can still pursue a damage claim if they did not have one on and they were hurt. The defendant may try to argue that not wearing the helmet worsened your injuries, but there is no guarantee that this argument will prevail or affect your damage awarded. 

Tampa Law Protections for Bicyclists

Tampa has taken action to protect its bicyclists by creating infrastructure, enforcing laws, and promoting it through its business community. In terms of infrastructure, Tampa has created more than 130 miles of bicycle facilities on its roadways.  

Under Florida law, bicycles are defined as vehicles, and their riders are entitled to all of the same rights and duties as other motor vehicle operators.  Further, Florida law obligates drivers to pass cyclists with at least three feet of clearance between them.

Motorists who fail to respect cyclists’ rights are breaching a duty they owe under Florida law and are financially responsible for the injuries they cause.  For example, if a motorists fails to give a cyclists three feet of clearance while passing him and injures the cyclist then the motorist can be held liable for the cyclists medical bills, lost wages, and other types of financial compensation.  

Responsibilities of Motorists and Cyclists on Tampa Roads

Both motorists and bicycle riders have certain basic obligations when traveling on Tampa roads. These responsibilities include:

• • Obeying traffic laws, including speed limit laws and laws requiring you to stop or yield

• • Safe passing with drivers required to provide at least 3 feet of clearance to pass a bicycle rider 

• • Safe opening and closing of vehicle doors, including not opening a door until it can be opened without interfering with other traffic 

• • Operating their bicycle or vehicle with a reasonable degree of care to keep others on the roads safe

If a driver or bicycle rider violates any of the safety rules or fails to live up to their basic duty of care by behaving more negligently than a hypothetical reasonable motorist or bicyclist would, this can result in that driver or rider being held liable for any losses they caused others to experience due to their negligence or wrongdoing. 

Call Diaco Law’s Tampa Bicycle Accident Lawyers for Your Free Consultation

After suffering a bicycle injury, you may be in pain–both physically and emotionally.  The physical recovery from a bicycle injury can be an arduous journey, but these injuries take their toll on a mental and an emotional level as well.  At Diaco Law understand that our clients are going through a lot when they come to us, and we are dedicated to guiding them through it.

Call us at Diaco Law as soon as possible to schedule your free consultation if you’ve been injured in a collision with a motor vehicle.  Our Tampa bicycle accident attorneys have years of experience handling these cases, have a deep understanding of the law, and will fight for you.  Call us today at (813) 221-7978 or contact us by filling out our online contact form to get started on your case!