Winter Park Bicycle Accident Lawyer
The Datny Law Firm of Winter Park, Florida
Cycling is as popular in Florida as it is in other states across the country. It is an enjoyable and economical way of getting around throughout the year. What’s more, bicycles provide a great way of exercising and beating traffic on busy Winter Park streets. In Winter Park, the number of cyclists continues to rise every year, which is perhaps why bicycle accidents in the city are increasing.
Bicycle accidents often result in catastrophic injuries, especially when they involve motor vehicles and trucks. Victims suffer severe or fatal injuries because bicycles provide so little protection from the impact of the crash. If you or a loved one has been injured in a bicycle accident due to another motorist’s negligence, it is important that you speak to an experienced Winter Park Bicycle Accident Lawyer like David B. Datny to get the compensation you deserve.
Common Causes of Winter Park Bicycle Accidents
In Florida, most bicycle accidents involve individuals aged between 20 and 24 years. The rising number of bicycle accidents in Florida cities indicates that most motorists don’t exercise care when sharing the road with bicyclists. The most common causes of bicycle accidents in Winter Park include:
Failure to Yield to Cyclists
Most motorists are usually unaware that they have to yield to cyclists while on the road. Speeding or aggressive motorists often ignore the give way sign, which may lead to a crash with a cyclist. Such crashes are common at intersections and may also happen when a motorist makes a left turn and crashes with an oncoming cyclist.
Running Stop Signs
Motorists are required to adhere to traffic signs like stop signs. However, some drivers run stop signs, thereby endangering other road users like cyclists. Such crashes may lead to severe – or even fatal injuries – as motorists are usually unaware of any incoming motorist or cyclist.
Distracted Driving
Driver inattention is a top cause of crashes on Winter Park roads, and bicyclists are usually in danger like other motorists. Texting behind the wheel is the most typical form of distraction leading to crashes. Making a call while driving can also be distracting, and the chances of crashing with a bicyclist are usually high.
Bicyclists can also be distracted, especially when using hands-free devices like Bluetooth headsets or wearing headphones while on the road. This makes it difficult for them to respond to traffic sounds, increasing the chances of crashing with other motorists.
Careless Driving
Careless driving refers to driving without reasonable consideration of other motorists or road users. A motorist can be regarded as careless while on the road if he/she doesn’t look out for oncoming traffic when switching lanes, yield to other road users when required, or behaves in a manner likely to endanger other road users.
Speeding
Speeding increases the probability of a crash as drivers may not have enough time to react to prevent a collision. Speeding past intersections or along busy roads is especially dangerous to bicyclists due to the collision’s impact.
Dangerous Road Conditions
Road hazards and substandard roads pose a risk to bicyclists. Uneven surfaces, potholes, sewer grates, or ruts can make bicyclists swerve to avoid them. This may easily cause accidents since bicycles are less stable compared to four-wheeled vehicles. Whenever a bicycle accident happens due to road hazards, the city, county, state, or body entrusted with maintenance may be held liable.
DUI Driving
Impaired driving poses a risk to bicyclists and other road users. Consuming alcohol or any other drug before driving leads to reduced cognitive ability, and there is a greater chance that a driver will not see a bicyclist on the road.
Poor Weather Conditions
Bicycle accidents are more likely to happen on foggy days due to poor visibility. Besides fog, conditions like rain, ice, snow, and sleet affect traction, and riding becomes dangerous.
“Dooring” also happens on busy streets when bicyclists ride close to parked cars and crash against a door, which is opened by a motorist who fails to check for oncoming bicyclists.
Common Bicycle Accident Injuries
Bicycle accidents are characterized by severe or fatal injuries, especially to the bicyclists due to the huge impact and little protection. Some common bicycle accident injuries include:
- Traumatic brain injuries (TBI)
- Neck and back injuries
- Internal injuries
- Broken, dislocated, or fractured bones
- Soft tissue injuries
- Face and dental injuries
- Abdominal injuries like bowel contusions
- Punctured lungs
Proving Liability in a Winter Park Bicycle Accident
Generally, a Winter Park Bicycle Accident Lawyer has two causes of action when pursuing a claim in court: negligence and negligence per se. To prove negligence, the plaintiff must show that:
- The driver had a duty of care to other motorists and road users;
- The driver breached the duty of care;
- The driver’s actions directly caused the accident and, in turn, your injuries;
- They suffered injuries and other losses due to the accident.
Negligence per se is a more straightforward cause of action, as the plaintiff only needs to prove that the driver violated Florida traffic law and that the violation caused the accident. It is advisable to consult a Winter Park Bicycle Accident Lawyer like David B. Datny right after your accident to determine the right cause of action.
Damages in Winter Park Bicycle Accident Claims
Like in any other personal injury case, the court might award the plaintiff economic or non-economic depending on the facts of the case.
Economic Damages
These are damages awarded as compensation for monetary losses due to the accident. They include:
- Present and future medical bills and expenses, including tests, emergency care, doctor visits, hospitalization, and prescriptions.
- Current and future lost wages.
- Property damage (damage to your bicycle)
- Loss of earning capacity
- Rehabilitation and in-home care costs
Non-Economic Damages
These are often called pain and suffering and include:
- Mental and emotional anguish
- Disfigurement
- Aggravation of existing conditions
- Loss of consortium or spouse support
Contact An Experienced Winter Park Bicycle Accident Attorney
At the Datny Law Firm, we pride ourselves on offering our clients ardent and personalized legal representation. We understand that bicycle accidents can be life-changing, and going about these claims alone can be challenging. If you or a loved one has been hurt in a bicycle accident, call David B. Datny at 561-221-7474 for a case evaluation so that you know your legal options.
