Fort Myers Bicycle Accident Lawyer

Bicycle Accident Attorney in Fort Myers, FL

Biking can be a great way to get exercise, commute, or simply relax. Yet, when drivers don’t exercise proper caution or adhere to Florida’s traffic laws, cyclists are often the ones to pay the price. If you are facing damages after a crash, a Fort Myers bicycle accident lawyer can help you file a claim and recover damages. 

The Caldarone Law Group, P.A.: Skilled Bike Accident Lawyers

With over a decade of experience representing injured Floridians, The Caldarone Law Group, P.A. has helped thousands pursue justice and compensation. Bike accident laws can be complex, raising questions about right-of-way, liability, and eligible damages for compensation. We can help you navigate these issues and file a claim that can set you on the path towards recovery. 

Understanding Bicycle Accidents in Fort Myers

Unfortunately, biking can be extremely dangerous, leading to over 1,000 deaths each year. Cyclists should be extra cautious in intersections along US-41 and the intersection between Colonial Boulevard and Fowler Street. Here, high speeds and lane changes can increase the risk of an accident. 

In addition, the time of day can play a role in the likelihood of an accident. For example, 56% of cyclist deaths occur during dawn, dusk, or at night when there is low visibility. 

Florida’s bike accident laws have rules for both cyclists and car drivers. Some of the main laws governing cyclists include:

• Follow all traffic signs, including coming to a complete stop at a red light or stop sign
• Ride as far right as possible when traveling slower than the speed of traffic
• Signal and look behind them when turning or changing lanes

A motor vehicle driver must also follow the bicycle accident laws to prevent causing a crash. Some rules include:

• Provide at least three feet of clearance when passing a cyclist.
• Yield to cyclists in bike lanes or sidewalks when turning right at an intersection or driveway.
• Check for cyclists approaching before opening your car door.

Receiving Compensation in a Bicycle Accident Claim

Compensation is one of the most important reasons to file a personal injury claim after a bicycle accident. While most accidents in Florida are covered by your own insurance rather than the at-fault driver’s, a lawyer can help you file a personal injury claim if you are facing large damages in Fort Myers. Some factors that are considered when determining the amount of compensation you should be awarded are:

• Medical costs. Bicycle crashes often result in severe injuries and require medical treatment. Hospital stays, medication, rehabilitation services, and other medical treatments can be expensive, but compensation can include these costs. 
• Property damage. Damage to your bicycle, clothing, personal electronics, and other valuables is common in a bicycle accident case. Compensation can cover the cost of repairing or replacing these items. 
• Lost wages. Taking time off work is a reality for many crash victims. Between physical injuries, medical appointments, and legal proceedings, a crash can lead to a significant amount of lost income. 
• Emotional distress. Bike accidents are extremely frightening. Compensation can be increased to reflect the extreme stress and impact on your mental health that the crash caused. 

Why You Should Hire a Bicycle Accident Lawyer

When preparing to file a claim, a Fort Myers bicycle accident lawyer can assist in the investigation to collect essential evidence for a claim. A lawyer can gather evidence, such as a police report, dashcam or surveillance camera footage, witness statements, and photos from the scene of the accident, to prove who was at fault for the accident. They can use additional evidence, including medical records or pay stubs, to prove the damages you have suffered.  

During a claim, your lawyer can advocate on your behalf and negotiate for compensation. It can be difficult to present evidence and pursue compensation against the at-fault driver, especially while recovering from the accident. A lawyer can do this for you, negotiating for a settlement that covers your damages. If your case goes to trial, a lawyer can continue their argument to prove what compensation you deserve.  

FAQs

Does a Bike or a Car Have the Right of Way?

In Florida, bicycles are treated the same as other vehicles when determining right of way, so who has the right of way depends on the situation. However, instances where a bicycle has the right of way are when they are in a bike lane or a sidewalk and a vehicle is turning right. Generally, you should adhere to right-of-way rules for all vehicles, regardless of whether you are on a bike or in a car. 

What Should You Do if You Are in a Bicycle Accident?

If you are in a bicycle accident, you should prioritize your immediate safety and then take steps to protect yourself during a claim. Move to a safe location away from traffic, receive medical care, and contact the police. Once your immediate safety is ensured, exchange information with the driver, hire a bicycle accident lawyer, and collect evidence from the scene, such as by taking photos or identifying witnesses. 

Can a Cyclist Be at Fault for an Accident?

Yes, a cyclist can be at fault for an accident. Since Florida’s bicycle accident laws consider bicycles as vehicles, if they fail to follow traffic rules or ride recklessly, they may be at fault for an accident. Common examples of cyclist behavior that could lead to liability for an accident include biking against the flow of traffic, disregarding traffic signals, or biking while under the influence of alcohol. 

Is Florida a No-Fault State for Bicycle Accidents?

Yes, Florida is a no-fault state for bicycle accidents and other traffic accidents, meaning your own insurance is responsible for covering your damages. A lawyer can help you file a claim through your own insurance if there is sufficient coverage. However, you may also be eligible to file a personal injury claim if you are facing serious injuries or damages that exceed your insurance coverage. 

Contact a Fort Myers Bicycle Accident Attorney Today

Bikers should feel safe on the road. Unfortunately, high crash rates and the potential for life-changing injuries can threaten safety. If you are facing damage after a bicycle crash, contact The Caldarone Law Group, P.A. for guidance in your bicycle accident case.