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Bicycle riders in West Palm Beach have the same duties and rights as motorists under Florida law, but drivers sometimes are not looking for bicycles on the road, and a crash happens.
In that case, the rider needs to retain the services of a skilled West Palm Beach injury lawyer experienced handling bicycle accidents in order to be compensated for expenses and losses resulting from the event.
Bicyclists also should know the laws specific to bicycles so that the rider can avoid bearing some fault in the crash, which would reduce the amount awarded for damages. Florida has adopted the modified comparative negligence doctrine which limits the award by the percentage of fault. A West Palm Beach bicycle accident lawyer can help fight for their client’s rights to compensation.
Florida’s bicycle statutes cover a range of responsibilities, from requiring a proper seat to brakes that can stop a bicycle traveling at 10 mph in 25 feet in ideal conditions.
The following includes some of the laws cyclists need to know to prevent accidents and have a strong legal case should a West Palm Beach bike accident occurs.
Negligence, which could best be described as “fault,” assigns liability to a party in a lawsuit. A particular formula establishes negligence in court: duty, breach, injury, and causation:
Speak with a West Palm Beach personal injury attorney if you are injured in South Florida. We can help you understand your case’s value before you begin negotiating with the defendant’s insurance company to discharge their liability.
Although every accident has unique fact patterns, some of the most common causes of bicycle accidents in the state of Florida include the following:
Some of the most common causes of these types of accidents include:
The type of injuries from bicycle accidents varies. For example, a cyclist attacked by a dog will have bite injuries in proportion to the size and power of the animal, whereas a cyclist who falls and skids on cement will have severe road rash. The most common injuries include:
In any negligence case, the two most common forms of damages (or monetary value of losses) can be collected—economic and non-economic.
Economic damages are measurable objective amounts that are easily quantified by bills. This can include:
Non-economic damages are subjective and therefore not as easily quantifiable, requiring specialists like expert witnesses to establish the value of the harm suffered. Non-economic damages can include:
In a wrongful death case, damages will cover medical bills as well as:
The State of Florida is a modified comparative negligence jurisdiction. This means that a plaintiff’s award of damages at trial will be reduced in proportion to the amount of responsibility they bear for the accident, up to 50%. If the plaintiff is found to be 51% or more at fault for their accident they are barred from recovery entirely.
For example, a cyclist, distracted by their phone, rode through a red light and was struck by a driver–who was similarly distracted. Because the cyclist broke the rules by going through a red light, they are found to be 75% negligent. However, the driver had enough time to see the cyclist and apply the brakes–making them 25% negligent. In this case, the cyclist would be barred from any recovery.
In straightforward cases, a settlement may be finalized within a few months, whereas more complicated cases can take up to two years.
Some of the factors that are central to how long the case will take to conclude are:
The statute of limitations on negligence lawsuits–Florida Statutes Section 95.11(3)(a)–is two years from the date of the accident.
If a death results from the injuries of the accident, the personal representative of the estate may file a wrongful death claim on behalf of the decedent’s survivors. Wrongful death suits also have a statute of limitations of two years. There are factors that can affect the statute of limitations.
Because motorists commonly do not look for bicycles they do not see them, a cyclist must take responsibility to avoid being hit by paying attention to what is going on along the roadway. Riders should continually look ahead and to the side, have a rearview mirror and use it.
Others on the road need to know what a cyclist is going to do, so using hand signals for turning is crucial. West Palm Beach bicycle accident lawyers would recommend riders travel with the traffic, not against it, wear highly visible clothing colors and reflectors, use a light while biking after dark, obey all traffic signs, and not take risks.
Because a bicycle offers no protection in a collision, chances are, the cyclist will be the only person injured if struck by a car or truck, and the injuries can be significant.
Cyclists who are hit by a vehicle should promptly call a West Palm Beach bicycle accident lawyer for advice. The attorney can explain your rights and legal options and evaluate the strength of your case.
If the accident was the result of another person’s negligence in South Florida, a personal injury lawyer in West Palm Beach could work to prove that and take the necessary steps to build a timely, strong case and achieve the compensation their client deserves.
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From the moment I googled injury lawyers, the first name that appeared was Kogan & DiSalvo. I’ve seeing them painted in the back of the cross many times instantly felt a sense of relief that all that right away. Boy am I glad I trusted my instincts. From the initial phone call that I made at the time of my injury I was guided over the phone what to do. It was almost like having a family and solo me through a rather traumatic situation. My attorney Ted DiSalvo has been amazing, however I did most of my correspondence with Amanda Hudson (she was like a big sister) guiding me and reassuring me an answering every question that I had throughout this long process.
Kogan and DiSalvo they treated me like family from day one. If you are ever in a position that you need a great injury firm that pays closer attention to you then your own family; Kogan & DiSalvo is who you need to call. They will make sure that you do not get shorchanged . They will get you the money that you deserve.
Lastly I know I sound like a broken record but Amanda Hudson was amazing “you rock Amanda” You made this a truly great experience..
My neighbor used Kogan & DiSalvo twice and had such a positive experience that after I was involved in a car accident she told me that I really should call them, so I did. After I filled out the form online someone called me within 3 minutes. She was very kind, compassionate and very sympathetic to my situation. From the beginning she let me know that she needed to speak with the attorney and find out some more info before she could say if they could even help me. The honesty from her was very appreciated. Although I’m not finished with my case I am very very happy with how things are going and even more so with the treatment I recieve from everyone I have dealt with. I am treated like a person, not a number, which is unfortunately very rare. They honestly do care and do truly want to help. I would highly recommend them to anyone who needs a personal injury attorney.
Kogan & disalvo are literally the best lawyers to ever work with ! They cared tremendously and always kept me in the loop with me and my daughter’s case. They fought hard to get us a great compensation in just under 9 months . I would recommend them to anyone thanks again yall rock!
Great firm great attorneys very punctual very kind and very helpful. Always willing to help 24/7 willing to answer any doubts or questions.
I am truly appreciative for what this firm has done for me. All I can say is from the bottom of my heart, thank you all and God bless. 🙏
Really nice and friendly people to work with
Samantha was extremely helpful and attentive to my case! Thank you so much for all your hard work and effort!
Samantha was amazing to work with, detailed me throughout every step of the process and was extremely helpful and extremely friendly throughout my entire case, I recommend her and this firm
Thank you (Paul!!)and the rest of the team By far the best experience ive had with a law firm they genuinely care about their client (Like family)and their well-being and they’re all about doing what’s best for the client they gave me their word and stood behind it with their actions in helping me settle my case.I would HIGHLY recommend Kogan&DiSalvo personal injury lawfirm To anyone lookin for top notch quality service, thank you guys so much i really appreciate the hard work you guys put in for me!
Very great and didn’t forget about us thank you so much
Client: Charles Seitter ; Stephanie , Samantha and Paul. Your goto personal injury attorneys and company.
Everyone was very professional and nice
Unfortunately I was involved in an accident, for which I didn’t see the need for an attorney. But I am happy I took the advice to get the help of the team at Kogan & Disalvo. They made sure my medical bills are paid.
Thank you
My wife and I were hit in the rear by an 18 wheeler, that was loaded with bricks. Fortunately we were able to walk away, but I sustained damage to my back and neck. I can’t thank this law firm enough for the advice they gave me. It took quite a while to finally settle the case. Tiffany did a great job preparing me for my disposition, and I was very pleased the way she handled the eventual arbitration.
Thank you Tiffany, and the entire staff for their professionalism. I have no hesitation in recommending them to others in need of legal advice.
I highly recommend hiring Kogan & DiSalvo! They worked very efficiently and diligently to settle my case. There were a few setbacks and delays but Amanda Hudson conquered them without hesitation! If I ever need an injury lawyer I will only trust Kogan & DiSalvo!
Brian Andino was an outstanding lawyer who, along with his hard-working team, handled my personal injury case with professionalism and care. I was injured in a parking lot that was not maintained properly, and Brian, supported by his diligent staff, helped me navigate a complicated legal process with ease. His team was always responsive, organized, and ensured that I stayed informed at every stage of the case.
Brian’s expertise was evident in the way he built a strong case, and his team’s attention to detail made a significant difference. Together, they fought hard to secure a fair settlement for my injuries, holding the negligent parties accountable. I always felt like Brian and his team genuinely cared about my recovery and well-being.
I highly recommend Brian Andino and his dedicated team to anyone in need of skilled, compassionate, and thorough legal representation.
We would like to thank the team at Kogan and DiSalvo and wish them all a wonderful Thanksgiving. When my wife and I were involved in a small crash in 2021, we met with Ted DiSalvo at the Boca Raton office. Ted was so helpful and made us feel like he really cared about us and took our case even though it was minor. In 2022, we were rear-ended by a commercial plumbing truck that caused major injuries to my wife and I. We naturally called Kogan and DiSalvo back. We knew that they would take care of us again. Tiffany Fanelli was assigned to our case, and, Wow! For over 2 years, we worked with the team at Kogan and DiSalvo. There were times that we had doubts about what our future looked like, but Tiffany always encouraged and reassured us that she was working hard to resolve this case. Recently, Tiffany put together the most impressive presentation we have ever seen in our professional careers and Tiffany won our case in a big way. We are so thankful for what Tiffany was able to accomplish. And equally grateful to the entire team at Kogan and DiSalvo. We highly recommend them if you have to deal with a similar situation. To everyone at Kogan and DiSalvo, we wish you a happy Thanksgiving and a wonderful holiday season.
Our attorneys were very professional and efficient.
They communicated frequently and were very patient answering our questions and or concerns. In addition, they negotiated settlements with medical providers which reduced our expenses resulting in larger settlement proceeds.
In closing they did a fantastic job, and I would strongly recommend them.
Jessica and jay the best attorneys that can handle your case
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