Legal Options for Bicyclists Hit by Drivers By Moody Law | Personal Injury Attorneys on December 31, 2023

bicyclist cautiously approaching a busy intersection

We’re supposed to share the road, yet there are so many car accidents involving bicyclists and pedestrians every year. Bicyclists are especially at risk given how vulnerable they are while out on the road.

The attorneys at our LakelandWinter Haven, and TampaFL, law offices would like to consider legal options for bicyclists who were hit by a driver.

Can I Sue a Negligent Driver for Hitting Me?

Yes, you can seek damages after being hit by a driver. This may not be true in all instances as we’ll see below, but you can seek legal compensation even if you are partially to blame for the crash happening.

The Potential for Catastrophic Injuries

A helmet is all a bicyclist really has for protection in a crash, and that is not always sufficient to prevent injury. Many bicyclists who were hit by cars or trucks suffer catastrophic bodily injuries that could take months or years to fully recover from. In some cases, the injuries sustained in a crash are enough to cause permanent disability.

Fatal Injuries from Bike Accidents

In addition to catastrophic injuries, some crashes lead to fatal accidents that could have been avoided. Our lawyers can help you seek damages to cover the costs associated with the loss a loved one, including funeral expenses and grief counseling.

Who Is at Fault for the Crash with a Bicyclist?

This can vary based on the nature of the collision. Let’s review some common parties held liable in these kinds of cases.

The Motorist

The driver behind the wheel of a vehicle is to blame if they failed to observe the right of way and other rules of the road. The same goes for cases in which the driver was drunk, on drugs, or otherwise impaired.

The Automaker

Faulty brake and steering systems may have contributed to the bike accident. If the vehicle is autonomous or was in self-driving mode at the time of the crash, it’s possible that the maker of the driverless system could also be held accountable.

The Bicyclist

Sometimes a bicyclist was not practicing basic safety while on their bike. This covers everything from riding with the flow of traffic to wearing bright and reflective clothing while riding at night. Intoxicated driving laws also apply to bicyclists.

The Bike Manufacturer

A badly designed or built bike could be more prone to accidents. In these cases, the bike manufacturer or maintenance personnel could be held responsible for contributing to the crash.

Other Liable Parties

There have been instances in which an additional motorist caused a vehicle to swerve, or poor road conditions resulted in a deadly situation for everyone on the road. Lawyers can assess liability as part of the investigation process.

Can a Bicyclist Sue Even if They Were Partially at Fault?

Yes. Florida’s comparative fault laws mean that a person who is partially responsible for an accident can still sue to recover damages. The amount of liability will be deducted from the damages awarded in a case. 

For instance, if a person is found to be 25% responsible for a car accident and they would have been awarded $10,000 in their case, they would instead receive $7,500.

A person may be up to 50% responsible for an incident. If someone is more than half at fault, they cannot collect any legal damages.

Request a Free Legal Consultation

To learn more about your legal options following a bicycle accident, contact our law offices in Lakeland, Winter Haven, and Tampa. Our team of attorneys is ready to assist you.

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Daniel D. Moody, J.D., B.C.S.

Moody Law, P.A.

Moody Law was founded by Daniel D. Moody for the sole and exclusive purpose of representing the injured. Our main office is centrally located next to the Polk County Courthouse in Bartow, FL, serving Lakeland, Winter Haven, and all the other communities of Polk County.  Some of Mr. Moody’s honors, memberships, and associations include:

  • The Florida Bar Board Certification – Civil Trial Specialist
  • AV PREEMINENT Martindale-Hubbell Lawyer Ratings
  • Life-member Multi-Million Dollar Advocates Forum
  • Best Attorneys of America – Rue Rating Lifetime Charter Member
  • National Trial Lawyers: Top 100 Trial Lawyers

To schedule a free, no-obligation consultation, contact us online or call (863) 733-9090.

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