When a collision occurs involving a bicycle and car, it is often automatically assumed that the driver of the car is going to be found legally responsible for the incident. However, assuming this to be the case will not hold up in legal terms. Your bicycle accident must be able to prove that the other driver was liable. For this reason, it is important to work with a lawyer who is knowledgeable about various common liability issues that may arise in your bicycle accident case and how they may affect your claim.
At Eberst Law, our team of Florida lawyers has experienced various personal injury cases, including those concerning bicycle accidents. We understand that the idea of taking legal action so soon after suffering physical and emotional harm can seem overwhelming to our clients. That is why we are dedicated to ensuring our clients are able to build strong claims and pursue the justice they are owed.
What Are Some Issues With Proving Liability in a Bicycle Accident Case?
After an accident involving a bicycle and a car, the aftermath can be physically and legally challenging for victims as they try to understand what their next steps should be. One key question that often emerges from bicycle accident cases is the determination of liability. In some cases, it can be complex to determine whether the motorist or the cyclist is at fault for the crash. That is why it is crucial you work with a trusted personal injury lawyer who has an understanding of the legal nuances and requirements in Florida surrounding cases like yours.
It is important to keep in mind that Florida operates under a comparative negligence system. This means that that fault can be distributed to more than one party involved in an accident. This legal framework takes into account the percentage of fault that may be attributable to each party involved in the bicycle accident. This means that, depending on the unique factors of the case, the motorist and cyclist may share a certain degree of responsibility for any losses suffered by either party.
Liability of Motorists
Motorists must exercise a duty of care towards all those they share the roads with, including cyclists. Those who do not follow traffic laws or practice distracted driving, speeding, or driving under the influence may be found liable in a bicycle accident.
Under Florida law, motorists are required to provide a safe distance when passing individuals riding bicycles on the road. This distance should be at least three feet. If an accident ensues due to their failure to provide this minimum clearance, they may bear responsibility for the cyclist’s injuries and losses. Motorists may also be found liable if they do any of the following and an accident occurs as a result:
- Ignoring traffic signals
- Running red lights
- Failure to yield the right of way to a cyclist when required
An experienced Florida lawyer can help you understand who may be liable for your accident case by reviewing the evidence and details of what occurred.
Responsibility of Cyclists When Sharing the Roads With Motorists
Cyclists hold a duty to ensure their own safety and that of others who may be on the roads with them. Under Florida law, cyclists must adhere to the same traffic regulations as motorists. This includes the following:
- Stopping at stop signs
- Obeying traffic signals
- Signaling turns
If it is found that the cyclist was riding against the flow of traffic, failing to use lights at night, or disregarding traffic laws, they may be found partially liable in the event of an accident. If you are concerned about how certain factors of your bicycle accident may contribute to your own liability in your case, consult an experienced personal injury lawyer.
Determine Liability in Your Bicycle Accident Case With the Help of Eberst Law
After suffering an injury due to a bicycle accident, Eberst Law is here to fight for you as you pursue the justice you are owed. We understand the challenges you face in the wake of an accident and are ready to help you through each step, from proving liability to negotiating for the fair compensation you deserve.
To learn more about how our Florida bicycle accident attorneys can help you and to schedule a free consultation, call us today at (772) 225-4900 or complete our contact form.
