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biking

Miami Bicycle Accident Lawyer

February 2, 2021/in Bike Accidents /by Mark Kaire

At Kaire & Heffernan, we are avid cyclists and all too familiar with Miami bicycle accidents.  Bicycle riding is a popular year round activity in Florida.  Residents here cycle for commuting to work, exercise and fun.   This popularity also puts bicyclists at a higher risk of getting injured in an accident.  Florida is ranked at the top in fatal bicycle accidents. According to the National Highway Traffic Safety Administration (NHTSA), out of approximately 850 cyclists killed every year in the United States, 125 deaths occur in Florida.   

Other studies have revealed eye-opening facts about bicycle accidents such as:- 

  • Bike accidents are most likely to occur between 6 p.m. and 9 p.m. 
  • Males are more likely to be involved in bicycle accidents compared to females. 
  • Alcohol is a contributory factor in 37% of all fatal bicycle accidents. 

For most victims of bicycle accidents, pursuing a Bicycle Accident Claim can be intimidating.  Many victims question whether their case is  strong enough, or whether their injuries are serious enough for them to hire a lawyer to represent them.  Others fear that the entire process will be an expensive exercise(no pun intended).

At Kaire & Heffernan, we believe in representing all cyclists-whether your claim is large or small-we feel we owe it to the cycling community. If you are not injured, we will gladly help you with any damage claim for your bicycle-free of charge.  If you have been injured because of someone else’s negligence, you can seek compensation by filing a personal injury claim against the person responsible for your injury.  A bicyclist may be entitled to receive compensation for medical costs, lost income, pain and suffering and other losses. 

 

WHY IS IT NECESSARY TO HIRE A MIAMI BICYCLE ACCIDENT LAWYER? 

If you opt not to hire a bicycle accident attorney, insurance companies are  likely to not take your claim  seriously, and will try to offer you less compensation than you deserve. They may even try to coerce you in admitting  fault.   An experienced Florida Bicycle Accident lawyer is aware of every trick that insurance companies have up their sleeves to lower the amount of compensation you receive.  A bicycle accident lawyer will effectively negotiate with these insurance companies on your behalf to help you get adequate compensation. 

 

 

 

COMPENSATION FOR BICYCLISTS IN MIAMI. 

Many people are unaware that bicycle accident victims and even pedestrians injured by a motor vehicles are entitled to recover Insurance benefits for personal injuries under their own auto insurance policies.  Florida law provides bicyclists the same legal protection that is applicable to motor vehicles.  Bicyclists are required to abide by the same rules that apply to motorists. 

The amount of money a victim of a bicycle accident receives in a bicycle accident settlement or lawsuit is  compensation for what are called ‘damages’. Damages are the costs that a victim has incurred,  or losses suffered, as a result of the accident. 

The primary types of damages a victim is entitled to receive are economic and non economic damages.  Calculating  your damages, which are a combination of your financial losses, physical injuries, and emotional injuries is something that a trained and experienced personal injury lawyer in Miami can help you with. 

Often times victims underestimate the value of their damages, or forget to include significant expenses incurred.  It’s in the best interests of a victim to enlist the services of an experienced Miami bicycle accident lawyer to help him or her get adequate compensation. 

 

WHEN IS THE RIGHT TIME TO FILE A BICYCLE ACCIDENT LAWSUIT? 

Although it is important to file a lawsuit at the earliest , we advise victims to wait until their injuries are fully healed before they approach the insurance company with a settlement demand or file a civil lawsuit to recover compensation.  A victim should know the exact amount he or she should be compensated for.   A victim would want to know for sure if life long care is needed or if he or she can be able to work again before they demand settlement or file a lawsuit. Florida statute of Limitations for bicycle accidents due to negligence is four years after the accident occurred.  Residents of Florida have four years from the date of the accident to initiate a civil lawsuit to recovered compensation for injuries sustained. 

 

WHILE YOU RECOVER,  WE WILL PREPARE A STRONG CASE FOR YOU. 

Our team of compassionate lawyers  will spend time with you and your family in an effort to understand your emotional and physical injuries.   We also focus on your future needs and future plans. This information provides a basis for determination of the non economic damages such as pain and suffering, and emotional distress that you intend to seek as compensation.  We let you rest and recover while we undertake the tasks of collecting vital evidence and calculating the value of your damages. 

Our team of experienced and skilled bicycle accident attorneys will:- 

  • Assess your claim. 
  • Investigate your case thoroughly. 
  • Gather evidence. 
  • Interview witnesses. 
  •  Negotiate on your behalf at settlements. 
  • Represent you at mediation. 
  • Prepare your case and represent you at trial, if necessary. 
  • Work with experts such as  auto accident reconstructionist to investigate the cause of your accident. 
  • Recover Money for the damage to your bicycle-free of charge

 

SAFETY TIPS FOR BICYCLE RIDERS IN FLORIDA. 

While representing bicycle accident victims over the years,  we discovered that taking safety precautions saved many victims from sustaining life threatening injuries .  We have  chosen a few safety tips which we feel are important.  They are :-. 

  • Avoid riding bicycles at dawn or at dusk.  Rising sun or setting sun makes visibility difficult for motorists. 
  • Headlights and reflectors are necessary on bicycles as they make the bicycles visible and noticeable to others on roads. 
  • Riding in groups makes it easy for motorists and others on the roads to be aware of the bicyclists. 
  • Always wear a helmet and protective clothing which  lessen the severity of injuries if an accident occurs. 
  • Always check tires, wheels, frame and seat of the bicycle before embarking on a ride. 

 

CONTACT A MIAMI BICYCLE ACCIDENT LAWYER. 

If you or your loved one has been injured in a bicycle accident due to the carelessness or negligence of someone else, you deserve to be duly compensated for the injuries suffered and other damages.  Call an experienced bicycle accident lawyer at our firm for a free case evaluation right away. 

 

Mark Kaire
Mark Kaire

Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.

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