Bicyclists suffer severe injuries far too often due to the negligence of motorists. When they do, they face a mountain of expenses – and they will typically not have any idea how they will be able to deal with them. This adds an incredible amount of stress on top of the physical pain they have to endure.
If this has happened to you, there is a good chance you are already doing your research to find the best personal injury attorney to handle your case. At Keller, Melchiorre & Walsh, we deliver results in these kinds of cases on behalf of our clients on a regular basis. We will work extremely hard to do the same for you.
If you would like a free evaluation of your case, contact one of our Miami bicycle accident lawyers.
Florida as a whole is an incredibly dangerous place to ride a bicycle, and the Miami area is no exception. There were nearly 6,000 bicycle collisions in 2021 that led to 169 fatalities and 5,574 injuries. The vast majority of fatal accidents – 83% took place due to a negligent driver. Between the years 2010-2014, nearly 50 riders died in Miami, and nearly 3,600 were hurt.
There are a lot of ways a negligent driver can injure a bicyclist. An attorney in Miami can review a bicycle crash to determine the cause. Here are a few of them.
You’ve no doubt seen someone on the road using their phone while behind the wheel. Even though we all know it’s wrong, far too many of us do it – and do it far too often. If a driver’s focus is on anything else except their surroundings, they can easily hit a bicyclist.
A lot of drivers view bicyclists as nuisances. They will often crowd them on streets, and do anything they can to get around them. In many instances, they will fail to leave enough space between themselves and the rider as a result, hitting the bike and causing a catastrophic injury.
Motorists can be in such a hurry that they will try to change lanes in a reckless manner. If a rider happens to be in the way, they will very likely be seriously hurt. An accident can also occur when a driver has to swerve to avoid debris in the road, colliding with a bicyclist in the process.
Along with motorcycle riders, bicyclists are at the highest risk of a severe injury when they are struck by a car. It is not at all uncommon for them to suffer severe spinal cord injuries, internal bleeding, broken bones, and severe lacerations. These can all lead to severe complications, and can also completely rob a victim of their quality of life.
As horrible as all of these injuries can be, a traumatic brain injury (TBI) is just as bad. The consequences of a major TBI can leave a victim unable to care for themselves, requiring constant care because they cannot perform the everyday tasks the rest of us take for granted. A lawyer in Miami could work to determine appropriate compensation for a person’s injuries and losses.
Even though you may be completely convinced that the driver who hit you was at fault, you are still going to need solid proof in order to have any chance of obtaining full and fair compensation.
A person and their lawyer must satisfy four elements of a bicycle accident lawsuit:
So, how do you go about gathering the proof needed to satisfy all four elements? You hire a Miami attorney to investigate the bike accident. This will include taking a close look at the accident scene and obtaining any nearby surveillance camera footage that might show how the collision took place. Something called comparative negligence may also need to be taken into account.
Your attorney will also obtain a copy of the police report, interview witnesses, and, if distracted driving is suspected, obtain the driver’s phone records to show they were talking or texting at the time of the accident.
There are several types of damages you may be able to obtain by filing a lawsuit. Here is a look at just a few.
Medical bills. With any sort of injury, of course, comes medical bills – a lot of them. Your attorney will work to make sure you’re compensated for your current bills, but also any others you may accumulate in the future.
Lost wages. If you are badly hurt, it is probably going to be quite a long time before you are able to work again. It is possible that you are already losing wages since you have gone through all of your sick time and vacation days.
Loss of future earning capacity. There is also a chance you might not ever be able to go back to your old job. You might miss out on future raises, as well as other pay such as commissions, bonuses and more. If you can work in the future, you might have to take a job that does not pay as much because of your physical limitations. A skilled bike crash attorney in Miami will be able to calculate all of the money you will lose in the future and work to make that part of your overall compensation.
A bicycle accident lawsuit can be extremely complex. Only a seasoned Miami bicycle accident lawyer will be able to navigate those complexities. Victims who try to act as their own legal representatives almost always fail to get the compensation they truly deserve, and have to endure a lifetime of financial misery as a result. An experienced lawyer can make sure you avoid that fate.
Schedule a free consultation by getting in touch with Keller, Melchiorre & Walsh as soon as you can.
