When negligent drivers fail to exercise an appropriate level of care on the road and their actions result in a bicyclist’s injury or death, they need to be held accountable. Our bicycle accident attorneys at Goldberg & Rosen in Florida are proud to have helped countless cyclists take on negligent drivers and their insurance companies to recover compensation for their injuries and property damage.
How our attorneys can help.
At Goldberg & Rosen, our legal team is comprised of some of the best bicycle accident attorneys Miami has available. As such, we’ll work with you every step of the way, providing the guidance you need to navigate the insurance process and win your lawsuit.
Bicycle accidents highest in Florida
Unfortunately, if you ride a bicycle in Miami your chances of being involved in an accident are higher than in anywhere else in the country. According to a report by News-Press.com, Southwest Florida is the worst in the nation per capita for bicycle deaths and crashes.
Statistics for 2014 show that Miami-Dade County had 985 pedal bike crashes with 15 of them being fatal. Statewide the number for bicycle accident deaths was 120.
Many bicyclists claim the reason for such a high rate of accidents and deaths is the condition of the roads. There are few bike lanes and those that exist are extremely narrow, often sharing the road with vehicles traveling at over 50 mph.
If you or a loved one has been involved in a bicycle accident, one of our specialist bicycle accident lawyers will assess if Miami County or city governments were negligent in their responsibilities. Counties and cities are responsible for providing operational traffic lights, road signs and for clearly marking road hazards.
Our specialized bike accident lawyers routinely pursue government agencies in Miami that have neglected to provide a reasonably safe environment for bicyclists to use. Not only does this assist our clients in reorganizing their lives after a traumatic bicycle accident, lawsuits put much needed pressure on all levels of government to make our roadways safer for riders and pedestrians.
Children and bike accidents
One of the things that will be considered during a lawsuit is whether the injured person contributed to the accident and was therefore negligent in caring for their own safety. In the case of children, there is a higher standard of care demanded of drivers when in the presence of children riding bicycles or when driving in areas such as schools, parks and residential areas where children are likely to be present. Drivers who do not show reasonable care are liable if there is a collision with a child.
The courts consider young children incapable of being negligent and therefore contributing to an accident because they are not capable of applying caution for their safety. While the defendant may try to shift the blame to the child, our accident lawyers are well versed in the fact that the law is on the side of the child in this case. Children between the ages of 4 and 14 years old are generally protected from this defense argument because of their diminished capacity to make safety decisions on their own behalf.
If your child is hit, contact one of our accident lawyers to ensure your child’s legal rights are protected. Whether you live in Miami or anywhere in Southwest Florida, our experienced team of legal professionals will help you get meaningful compensation for your child.
Types of bicycle accident lawsuits
The direction of your case, as well as the compensation you’re entitled to, will depend on your bicycle accident lawsuit. Here are the two most common types:
If the driver behaved in a negligent manner that caused injury, death or harm to the bicyclist, they may be held liable in a negligence lawsuit. To win this type of case, our Miami bicycle accident attorneys will need to determine that the bicyclist had the right of way, and the driver violated traffic laws and/or acted carelessly behind the wheel. We will also need to prove that the driver’s negligence caused the accident and the bicyclist’s injury was sustained as a direct result of the collision. Common acts of negligence that may result in a bicycle accident include:
- Driving while distracted.
- Aggressive, reckless and careless drivers.
- A failure to yield appropriately.
- Driving while under the influence.
- Driving over the speed limit, running red lights and violating other traffic laws.
- A failure to use turn signals appropriately.
If a defect in the bicycle contributed to the collision, you may have a negligence claim against the manufacturer. To bring this type of lawsuit to court, our attorneys will need to prove that the defective part was dangerous, the bicycle was being used properly and the defect was created during the manufacturing process. Expert testimony and analysis is required to win this type of case and prove that the bicycle manufacturer is responsible.
Schedule A Consultation
If you or a loved one have been the victim of negligence or misconduct, please do not hesitate to contact among the best attorneys Miami has available at Goldberg & Rosen today to receive expert guidance about your legal options, as well as a free and confidential case evaluation.