Florida Bicycle Accidents | Alan Goldfarb, P.A. https://www.goldfarbpa.com Wed, 28 Feb 2018 14:23:51 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 Cyclist Hit And Killed By Tow Truck Hauling Boat In Southwest Miami-Dade https://www.goldfarbpa.com/cyclist-hit-and-killed-by-tow-truck-hauling-boat-in-southwest-miami-dade/ Wed, 28 Feb 2018 14:23:51 +0000 https://www.goldfarbpa.com/?p=3472 Read More »]]> When a bicyclist is hit by a vehicle, especially a large vehicle like a tow truck, the ramifications can be deadly. For example, a bicyclist training for the Dolphins Cancer Challenge lost his life when he was hit by a boat being towed by a truck in Southwest Miami-Dade, according to the Miami Herald. This tragic accident also resulted in another bicyclist suffering serious bodily injuries.

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

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A Guide to Bicycle Accidents https://www.goldfarbpa.com/a-guide-to-bicycle-accidents/ Fri, 09 Oct 2015 13:00:04 +0000 http://www.goldfarbpa.com/?p=965 Read More »]]> In 2012, 120 bicyclists died in traffic accidents Florida. In fact, Florida’s death rate for cyclists is three times higher than the national rate. Often times, cyclists do not pursue a personal injury claim after a collision. As a cyclist, you should know that you have rights. And, if you plan on riding your bike on the streets of Florida, it is imperative that you know how to protect yourself in the event of an accident.

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.

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