Miami Bicycle Accidents Attorney
If you or a loved one has been injured in a bicycle accident, you have the right to take the responsible person to court and for that, you need the services of this Miami Bicycle Accident Lawyer. He has much experience in representing cyclists. Mr. Quackenbush can help you pursue fair compensation for your injuries if you have been injured in an accident due to someone else's negligence in Miami, Miami-Dade County, Fort Lauderdale, Broward County, West Palm Beach, Palm Beach County, South Florida, and all over Florida.
Bicycle accidents can occur at any time. Bicycle crashes can happen in the blink of an eye, whether you are riding your bicycle across the street to the local convenience store or your child is riding around the block for fun. A bicycle accident, especially one involving a car, truck, or other vehicle, can cause serious injuries to those involved and can be one of the most dangerous types of crashses. If you are a bicyclist who has suffered a physical injury due to a bicycle crash that was the result of someone else's negligence, you may be able to pursue a case against the other driver.
In some cases, the driver of the vehicle that hit the bicycle and the bicyclists are both are responsible for the accident. In that case, Mr. Quackenbush will argue that the driver of the vehicle had the “last clear chance” to avoid the accident. This means that it is generally much easier for the vehicle driver to avoid hitting a bicyclist than it is for the bicyclist to avoid the approaching vehicle.
Sometimes, defects in the roadway can cause bicycle wrecks. For instance, when a bicycle hits a divot, an open drainage grate or plate, pothole or any other defect in the road, bike crashes can be caused. In this situation, you might file a roadway construction case against whoever constructed or maintained the roadway. In Florida, roads and highways are usually owned by governmental entities - for instance, the Florida Department of Transportation (FDOT), a particular county, or a particular city. However, oftentimes those governmental entitle hire private contractors to construct or maintain their roads. In that case, your claim would be against the private contractor if the contractor created, or allowed to remain, a defect in the roadway. In many ways, this is preferable as then you would avoid the confines of sovereign immunity. After all, there will be different limitations and restrictions on your case if you file a case against a governmental entity. For instance, you will only be able to recover up to $200,000 if you pursue a case against a governmental entity in the State of Florida. The only exception to this would be if you were able to pursue a “Claims Bill” in the State Legislature in Tallahassee that would allow you to recover more than $200,000 in compensation. However, this is a difficult process.
Moreover, in the State of Florida, if you pursue a sovereign immunity case against a governmental entity, you will have to put the governmental entity on notice of the claim within three years. After you give this notice, you will have to wait six months before filing suit against the governmental entity (which should be done within four years). These limits might be different in the situation of a wrongful death case (i.e., if the bicyclist tragically passed away as a result of the collision).
Roadway construction cases can be based on insufficient or defective lighting, missing stop signs, and missing or broken/defective traffic lights. Roadway construction cases might also be based on incorrectly placed attenuators (also known as crash cushions), improperly placed traffic barrels, or debris from construction sites. Similarly, roadway construction cases may be based on improperly angled roads. Lastly, roadway construction cases might be based on improper “maintenance of traffic” (MOT).
Defective bicycle or bicycle parts can be the cause of bicycle crashes. In this case, you might have a bicycle products liability case against the distributor or manufacturer of the bicycle.
If you are an injured bicyclist and have been involved in a bike accident in Miami, West Palm Beach or anywhere in Florida, you have rights as an accident victim. If you've been injured, call this Miami Bicycle Accident Law Firm at 954-448-7288 for a free, no-obligation consultation. Get the help you need to return to a normal life from a professional attorney focused on the needs of the bicycling community in Miami.Miami Bicycle Accident Lawyer Anthony Quackenbush Gives Advice to Clients
If you or your loved one has been injured in a bicycle crash, don’t just get rid of the badly broken or distorted bike. In fact, the first thing you must do is to preserve the bicycle. After all, the bicycle might act as valuable evidence later in your case. For instance, the bicycle might be proof that the accident you were in was a bad one. Moreover, the bike might display markings proving that an accident occurred due to a defect in the roadway (such as, because of a pothole, divot, open drainage plate or open drainage grate). A professional called an “accident re-constructionist” might be able to evaluate the accident, the damage to the bicycle, and determine what caused the accident. So, you will lose this valuable evidence if you dispose of the bicycle.
You must wear a helmet if you are riding a bicycle in the State of Florida. This is one of the most obvious and easiest ways to help keep you safe on the road. Dangers to bicyclists exists all over the place, so it is a good idea to always wear a helmet. However, if you have been injured in a bicycle accident and you were not wearing a helmet, this Broward County Bicycle Accident attorney can hire a “helmet expert” to investigate the accident and determine if a helmet would have made any difference in your injuries. A helmet would not have done anything to prevent your injuries in many cases, and the helmet specialist might be able to testify to this in the court.
A bicycle is much smaller than a car or many other types of vehicle. This makes them much harder to identify on the road. In order to avoid a wreck, bicycle riders must always use bike lights and reflectors, mainly in dark or low-visibility road conditions. However, if you have been injured in a bicycle accident in the State of Florida and you didn’t have a bike light, this Broward County Bicycle Accident Attorney can hire an accident reconstructionist to analyze the accident and determine if the bike light would have done anything to prevent the crash (for example, by alerting other drivers to the existence of the bicyclist).
If you have automobile insurance in the State of Florida and you are hit by a vehicle while riding a bicycle, you might be entitled to “personal injury protection” (PIP) coverage of $10,000 towards your lost wages and/or medical bills. The personal injury protection coverage will pay up to 80% of your lost wages or medical bills. This is correct as long as there was a vehicle involved in the accident in some way, shape or form. For example, if you were riding a bicycle and fell over after hitting a pothole, then you will not be able to personal injury protection benefits as there was no vehicle involved in the accident. However, if you were riding a vehicle and you were hit by a passing vehicle, then you will be entitled to PIP benefits.Pursue your Rights with a South Florida Bicycle Crash/Wreck Attorney
Collisions between cars and bicyclists can result in all sorts of injuries. Unfortunately, one of the leading results is a traumatic brain injury (TBI). For cyclists, a head injury can occur anytime the head comes into contact with the ground. This is oftentimes due to the lack of helmet use. Wearing a helmet drastically reduces penetrating head trauma and skull fractures. Whether bicyclists are wearing a helmet or not, they can sustain closed head injuries, brain damage, and brain bleeds. Therefore, they can wind up living with conditions such as vegetative states, comas, paralysis, paraplegia, and quadriplegia. In the State of Florida, the statute of limitations for a bicycle wreck case is four years - so time is of the essence for you to contact a South Florida Bicycle Accident attorney and start your case.Discuss your Options with a Broward County Bicycle Collision Law Firm
If you have suffered injuries in any kind of bicycle wreck, contact Mr. Quackenbush at 954-448-7288. Mr. Quackenbush will review the details of your claim and will work to protect your legal rights and obtain the outcome you deserve.