The collision reportedly occurred at the intersection of Southwest 236th Street and 87th Avenue and close to Black Point Marina. The victim who lost his life was only 37 years of age.

Not the First Time

You may be thinking that a collision between a bicyclist involved in the Cancer Challenge and a tow truck is an anomaly. Well, it turns out this is the second time in the past few years that a bicyclist training for the Dolphins Cancer Challenge was hit and lost their lives in a collision with a motorist. For example, in 2015, a 50-year-old bicyclist was hit and killed by an intoxicated motorist on Rickenbacker Causeway. The drunk motorist was reportedly “clubbing” around South Beach when he hit the bicyclist. The driver then fled the scene only to return after police contacted him with the news that they knew his vehicle was involved in the deadly collision.

Common Causes of Collisions Between Motorists and Bicyclists

When a collision occurs between a motorist and a bicyclist, it is often caused by a driver who makes a reckless or poor bad decision that precipitates the collision. Those causes include:

• Driving while under the influence of drugs or alcohol;
• Driving while fatigued;
• Driving while distracted;
• Driving in excess of the speed limit; or
• Failing to comply with a posted stop sign or traffic signal

Pursuing Financial Restitution Against a Negligent Motorist

If you or a loved one was enjoying a bike ride in or around Miami and suffered an injury after being hit by a motorist, you can take legal action against the motorist that caused the collision. This is because motorists have a duty of care (i.e. legal obligation) to operate their vehicle in a reasonably safe manner. If a motorist is negligent, they have breached that duty of care, which creates legal liability for any harms and losses caused an accident between that motorist and you.

If there is evidence that the motorist’s negligence was the proximate cause of the accident and you suffered actual damages, you have the grounds to obtain financial restitution for your harms and losses.

Economic and Non-Economic Damages

If there is sufficient evidence to show that the motorist was liable for causing the collision, you can pursue compensation for the following types of economic and non-economic damages:

• Medical expenses
• Lost wages
• Pain, suffering, mental anguish, emotional distress

Do You Have Questions About Your Legal Rights After a Bicycle Accident? Speak to a Miami Bicycle Accident Lawyer Today

If you or a family member suffered a serious injury in a bicycle accident in or around Miami, our personal injury law firm is ready and able to help. Contact the experienced Miami personal injury attorneys at the office of Alan Goldfarb, P.A. today to schedule a free consultation.

Resource:

miamiherald.com/news/local/community/miami-dade/homestead/article195023349.html

Overview of Personal Injury Protection Benefits

According to Florida Statute § 627.736, personal injury protection (commonly referred to as PIP) is a type of no-fault insurance coverage that will help pay your medical bills and lost wages in the event of a car accident.

PIP Provides Broad Coverage

PIP benefits are not limited to an injured driver or the owner of the vehicle involved in the collision. Obviously, if you did own the car, your PIP coverage will apply. If you did not own the vehicle involved in the crash, you can still access PIP coverage if the owner of the vehicle involved in the wreck is a relative. If you were a passenger in another vehicle, you are also covered under the vehicle’s PIP policy, as long as you either own a vehicle or reside with someone who owns a vehicle.

Pedestrians and Bicyclists Could Be Covered under PIP

Pedestrians and bicyclists involved in accidents may still be able to access PIP benefits. The key factor is whether they own a vehicle or live with a relative who owns a car. If they do, then they can access benefits through their own PIP policy. If they do not, they can still access PIP benefits from the policy of the driver that hit them.

Get Medical Treatment Right Away

If you were involved in a serious collision, it is critical that you go see a doctor right away. Why? Because if you fail to seek medical treatment within 14 days of the accident, you cannot obtain PIP benefits. This does not mean that you have to visit an emergency room. In fact, a chiropractor and other medical professionals are suitable treaters and their care is covered under PIP.

Florida’s PIP law simply requires that medical care be provided by a designated medical doctor, chiropractor, hospital, and/or emergency medical service. However, Florida’s PIP laws do not cover treatment provided by a holistic medical practitioner like an acupuncturist or massage therapist.

Speak to an Experienced Miami Car Accident Attorney Right Away

PIP benefits can get confusing, especially if you receive a letter or notice from an insurance company claiming to deny your request for benefits. You may also have damages in excess of Florida’s PIP limits of $10,000. In these situations, you need the counsel of an experienced Miami car accident lawyer. The law firm of Alan Goldfarb, P.A. can help. Our team of attorneys possesses decades of experience representing people seriously injured in major car wrecks. Contact our office today to schedule a free initial consultation. During the consultation, you will get to meet with an attorney and talk about your potential case. If it makes sense to move forward, we can do so.

Resource:

flsenate.gov/Laws/Statutes/2015/627.736

Causes of Bicyclist-Automobile Accidents

There are many factors that may cause a bicycle-automobile accident. However, many bicycle accidents are caused by an inattentive driver. Common causes of accidents include:

• A driver entering the street from a driveway;
• A driver or cyclist failing to yield at an intersection;
• A distracted driver or cyclist;
• A driver following a cyclist too closely;
• A driver not giving a cyclist enough passing room; or
• A driver or cyclist impaired by drugs or alcohol.

An accident while riding your bike is frightening. Oftentimes, even small impact can have devastating consequences. This is true even when a cyclist is wearing a substantial amount of protective gear. If you are on your bike, it is important that you pay attention to the scene of the accident. If you do not require immediate medical attention, then you can take a few steps that will help ensure that you have all the information you need to file a personal injury claim that may cover damage to your bike and potential medical expenses. The following includes a few tips that can make filing a personal injury claim related to your bike accident easier:

• Wait for the police to arrive. The police report will contain information that will be useful when you file your personal injury claim.
• Collect the driver’s information. Make sure that you get the driver’s information. This includes the driver’s name, address, phone, driver’s license number, license plate number and insurance information.
• Collect contact information from witnesses. If anyone saw what happened be sure to quickly get their name and phone number.
• Preserve any evidence: Wait before fixing your bike and make sure to take photos of the damage.

Similar to accidents involving pedestrians, an accident between a bike and a car involves complicated legal issues. If you have had an accident with a car while biking, you should seek advice from a personal injury attorney. Insurance may not cover all your medical expenses or rehabilitation costs or other unexpected costs.

Cyclists have Rights and Deserve Compensation

If you are a cyclist injured in an accident with a car, you have the right to compensation for your losses and medical expenses. Alan Goldfarb, P.A. has successful experience in personal injury law. The Miami personal injury attorneys at our office can provide you with advice and counsel on your legal options after an accident with a car. Contact us to schedule a free consultation with our office by calling (305)-371-3111.