State traffic regulations treat manual and electric bicycles as vehicles, granting them the same fundamental rights and responsibilities as other motorists on state-operated roadways. When drivers cause harm to cyclists, including wrongful death, by failing to follow the traffic and safety laws, the surviving family members can file a claim in civil court to hold the at fault driver financially responsible. Having the assistance of an experienced bike crash attorney is crucial when filing a claim.
We are not just Trial lawyers, we are also avid cyclists. We believe this gives us a keen edge in understanding how an accident happenned and the injuries resulting from that accident.
Unfortunately, the number of severe and fatal accidents involving bicycles continues to rise nationwide. A compassionate and experienced Miami fatal bicycle accident lawyer can help you with a case.
Bicycle operators have the same rights and duties on the roadways as other drivers, and the protections apply uniformly across the state. Under Florida Statute § 316.2065, the traffic laws and duties apply to every person traveling on roads across the state, except where it is impractical, such as restricted freeways. Cyclists may use a full lane if necessary to safely make turns or avoid hazards such as poles, debris, or parked cars.
Drivers in cars must also ensure they leave at least a clearance of three feet when passing or overtaking anyone traveling on bicycles. If maintaining at least three feet of distance is impossible, they must slow down and wait until it is safe to pass. Regulations elevate cyclists from secondary roadway users to equal drivers, making motorists liable for collisions if they fail to yield to them. One of our Miami fatal bike crash attorneys will review the traffic, insurance, and personal injury statutes during the consultation. The statutes are well intended, but not enforced. The bottom line is that bike crashes and fatalities are all too common, and until enforcement of statutes becomes a priority, accidents will continue to rise.
When a vehicle driver’s recklessness causes a cyclist to sustain fatal injuries, you and your family have the right to seek monetary damages from the liable party. Under Florida’s Wrongful Death Act, you have the right to pursue a settlement when someone’s wrongful, negligent, or intentional actions lead to the death of another.
Examples of driver negligence include:
All drivers in the state owe each other a duty of care, including bicyclists. If someone fails to follow the three-feet passing rule and strikes a cyclist, the civil court will hold them financially accountable. Survivors can seek monetary compensation through the liable party’s auto insurance policy or in civil court if they cannot agree on an acceptable settlement amount.
The statute of limitations requires that you prepare the case and file the lawsuit within two years of the incident. While the court may extend this time in rare cases, missing the deadline typically means losing eligibility to recover damages from the responsible party.
Damages may include:
Further, a reckless driver may compensate you for the loss of past earnings and financial support of the deceased. Our experienced fatal bicycle collision lawyers in Miami can help gather police reports, expert testimony, witness statements, and photographs. Collecting this evidence helps us build a strong case for a fair settlement. Again, knowing what to look for is what separates our firm from the pack.
If a reckless motorist caused injuries that led to a loved one’s death, you must hold them legally and financially accountable. State traffic and safety regulations protect cyclists by granting them the same rights and responsibilities as motorists, providing guidance and help with legal action for those who have suffered due to motorist negligence.
A Miami fatal bicycle accident lawyer at Kaire & Heffernan will handle communication, negotiations with insurance providers, and, if necessary, legal action in civil court. Contact our firm today to learn more about the process and schedule an appointment to review your case.
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