North Miami Beach Bicycle Accident Lawyer
Riding a bicycle in North Miami Beach should be a great way to enjoy the South Florida weather, whether you are commuting along NE 163rd Street or taking a weekend ride near Greynolds Park. Unfortunately, the heavy traffic, congested intersections, and distracted drivers in Miami-Dade County can make cycling incredibly dangerous. If you or a loved one has been injured in a bicycle crash, you are likely facing mounting medical bills, lost wages, and a long road to recovery. At The Altman Law Firm, led by attorney Jeffrey S. Altman, we represent injured cyclists in North Miami Beach and across Florida, handling the legal and insurance burdens so you can focus on healing.
Understanding Bicycle Accident Claims in Miami-Dade County
Bicycle accidents often result in severe injuries, from road rash and broken bones to traumatic brain injuries. When a car or truck collides with a cyclist on busy thoroughfares like Biscayne Boulevard, the cyclist bears the brunt of the impact. Florida law provides avenues for injured cyclists to seek compensation for their medical expenses, pain, and suffering. However, navigating the claims process requires a thorough investigation of the crash scene, gathering witness statements, and preserving crucial evidence before it disappears. Our team is dedicated to building a strong case on your behalf, whether that means negotiating with stubborn insurance companies or taking the matter to trial if the situation demands it.
How Florida's Comparative Negligence Law Affects Cyclists
After a crash, it is common for the at-fault driver's insurance company to try and shift the blame onto the cyclist. They might argue that you were riding outside the bike lane, did not have proper reflectors, or somehow contributed to the collision. Florida operates under a comparative negligence system. This means that if you are found partially at fault for the accident, your potential compensation may be reduced by your percentage of fault. It is vital to have an advocate who understands how to counter these tactics and present a clear, fact-based account of the driver's negligence.
Time Limits for Filing a Bicycle Accident Lawsuit
If you are considering legal action after a bicycle crash, it is important to be aware of Florida's statute of limitations. This law sets a strict deadline on how long you have to file a personal injury lawsuit. Recently, Florida lawmakers updated the statute of limitations for general negligence claims, making it more critical than ever to act promptly. Failing to file within the legally prescribed time frame generally results in the loss of your right to seek compensation through the court system. Reaching out to a legal professional early in the process helps ensure that your rights are protected and that important deadlines are met.
Frequently asked questions
What should I do immediately after a bicycle accident in North Miami Beach?
First, prioritize your health and safety by seeking medical attention, even if you feel fine, as some injuries are not immediately apparent. Call law enforcement to the scene so an official crash report is created. If you are able, take photos of your bicycle, the vehicle that hit you, and the surrounding area. Finally, avoid discussing fault with the driver or their insurance company until you have consulted with legal counsel.
Can I still recover damages if I was not wearing a helmet?
Yes, you can still pursue a claim. Under Florida law, cyclists over the age of 16 are not legally required to wear a helmet. While an insurance company might try to argue that not wearing a helmet contributed to the severity of your injuries, it does not bar you from seeking compensation for an accident caused by a negligent driver.
Will my bicycle accident case have to go to trial?
Not necessarily. Many personal injury claims are resolved through negotiated settlements with the insurance company before a trial becomes necessary. However, if the insurance company refuses to offer a fair settlement that covers your medical bills and other damages, taking the case to trial may be the appropriate next step. The Altman Law Firm prepares every case as if it will go to court.
Does auto insurance cover bicycle accidents?
In Florida, Personal Injury Protection (PIP) coverage from your own auto insurance policy may cover a portion of your initial medical bills, even if you were on a bicycle at the time of the crash. If your injuries meet a certain legal threshold, you may then be able to pursue a claim against the at-fault driver's bodily injury liability insurance for additional damages.
How long will it take to resolve my bicycle accident claim?
The timeline for resolving a claim varies widely depending on the specifics of the case. Factors include the severity of your injuries, how long it takes you to reach maximum medical improvement, and the willingness of the insurance company to negotiate fairly. Some cases settle in a matter of months, while others that proceed to litigation can take much longer.
If you or a loved one has been injured in a bicycle accident, contact The Altman Law Firm today to discuss your situation and learn how we can help you navigate the path forward. Call (305) 373-3730.