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You Were Hit While Riding Your Bike. What Are Your Rights?

Riding a bicycle on Miami’s roads exposes you to risks from negligent motorists. If a vehicle hits you, you could suffer severe injuries with lasting effects. Understanding your legal rights and options helps you seek fair compensation. This guides injured bicyclists through filing an injury claim after a bicycle crash in Miami.

The Soffer Firm has been voted Super Lawyers “Rising Star” and “National Trial Lawyers – Top 40 Under 40” multiple years because of how hard we work for our clients. We don’t get paid unless you get paid, and we have recovered millions for our clients. 

Our Florida personal injury lawyers help you navigate the complexities of your legal case. Call us today at (786) 788-7344

Overview of Bicycle Accident Injury Claims

Sustaining injuries in a bicycle accident often leads to expenses and losses beyond just medical bills. An at-fault driver owes injured bicyclists compensation for damages. An experienced bike accident lawyer in Miami can help accident victims understand their options and legal rights. 

Factors that determine a bicyclist’s injury claim value include:

  • Medical expenses from accident injuries  

  • Income loss from missing work 

  • Loss of future earning capacity

  • Pain, suffering, and emotional distress  

  • Permanent disability or disfigurement

Thorough evidence must back all damages sought during negotiations or trial. An attorney proves the at-fault driver’s liability and gathers documentation supporting claimed losses.

Why Hire a Bike Accident Attorney in Miami? 

In a bicycle vs. car accident, injured riders face an uphill battle against insurance adjustors seeking to minimize payouts. An attorney levels the playing field and handles claim complexities so the bicyclist can focus on recovery. Key services an experienced bike accident lawyer in Miami provides to injured clients include:

  • Investigating the accident to establish liability 

  • Communicating with insurance companies  

  • Valuing and documenting injury damages

  • Negotiating fair compensation from at-fault drivers

  • Taking cases to court when needed

Attorneys also understand accident laws, insurance claim procedures, and what impacts compensation. Their skills produce results. For example, one study showed injury victims with lawyers receive over 3.5x larger settlements than unrepresented claimants.

Bicycle Accident Laws in Miami  

Laws like Florida Statute 316.2065 govern bicyclist and motorist duties to prevent collisions. Key laws hold negligent drivers liable by requiring:

  • Drivers yield to bicycle traffic as they would for pedestrians

  • Motorists exercise due care and reduce speed when bicyclists are present on the road  

Other laws prohibit cell phone use and encourage helmet use. Adherence to these traffic safety laws is negligence that makes drivers legally liable for harm caused to bicyclists.

Steps to Take After a Miami Bicycle Crash

Actions you take immediately after an accident improve your injury claim’s success. Critical first steps include:

  • Getting immediate medical help – This documents injuries and prevents worsening.

  • Reporting the bicycle crash – Notify police to have an official report filed. 

  • Gathering evidence – Take photos of vehicle damage, injuries and the accident scene. Get witness contact details.

  • Noting key details – Record license plate numbers, driver info, witnesses, weather conditions, etc.

  • Contact a bicycle accident lawyer in Miami. Retain legal representation ASAP. Injury claims have strict deadlines. 

A qualified attorney also requests evidence like traffic videos, puts liable insurers on notice, and handles time-sensitive claim procedures correctly.

Key Steps in a Bicycle Accident Injury Claim Process 

  • Consultation and Case Review: An initial consultation allows bicyclists to discuss their accidents confidentially with a lawyer. It helps determine viable legal claims before proceeding.  

  • Investigation and Evidence Gathering: A personal injury attorney investigates to establish fault and gathers evidence like medical records, traffic video footage and crash site photos. Police reports also provide liability proof.

  • Valuing Injuries and Calculating Damages: Lawyers use their experience to quantify accident costs for medical care, lost income, decreased working capacity, pain, and suffering. Immediate and potential long-term damages are included.    

  • Settlement Negotiations: Based on case merits, lawyers first seek fair settlements from insurers. Most injury claims are resolved through negotiated payouts outside court.    

  • Lawsuit Filing: If needed, attorneys file lawsuits against non-cooperative insurers. This further motivates appropriate compensation. The pre-trial settlement remains likely. 

  • Trial: Few bicyclist injury claims reach trial. But skilled bicycle accident lawyers in Miami prepare cases for trial. Aggressively confronting insurers’ defenses helps maximize recoveries.

FAQs: Miami Bicycle Accident Injury Claims

  1. What Damages Can I Claim After A Bike Crash In Miami?

Common reimbursable damages include medical bills, lost income, reduced working capacity, pain and suffering, property damage, and other losses from a bicycle vs. vehicle accident.  

  1. Can I File A Bike Injury Claim If I Was Partially At Fault?

Yes, Florida uses modified comparative negligence rules. Your percentage of fault reduces your compensation amount, but filing a claim is still worthwhile.

  1. How Much Is My Bicycle Accident Claim Worth?

Values vary based on accident specifics, liable parties, and losses proved. Experienced bicycle accident lawyers in Miami use legal knowledge and negotiating tactics to maximize claim payouts.  

  1. How Long Must I File An Injury Claim After A Florida Bicycle Accident?

The statute of limitations for filing a personal injury lawsuit is two years from the date of the bicycle crash. Inform insurance companies soon to settle outside court.

  1. What If The Vehicle That Hit Me Didn’t Stop Or Lacked Insurance? 

Get a lawyer’s help using uninsured motorist coverage or state victim compensation funds. Hit-and-run cases require police reports listing you as the victim.

Why The Soffer Firm is Miami’s Top Choice   

The Soffer Firm stays current on evolving injury laws and insurance litigation tactics. Their success in negotiating maximum settlements regularly exceeds industry standards. 

Suffering losses after a Miami bicycle accident vs. a vehicle accident is difficult. The at-fault motorist must compensate your damages. An experienced bike accident lawyer in Miami at The Soffer Firm aggressively represents injured bicyclist’s rights. Schedule a free case review to discuss your options. The Soffer Firm helps bicyclists focus on recovery, not financial worries, after a crash.

Our Florida personal injury lawyers help you navigate the complexities of your legal case. Call us today at (786) 788-7344.