West Palm Beach Bicycle Accidents Attorney
If you or a loved one has suffered a serious injury because of a bicycle accident that resulted from the negligence of another party, contact this West Palm Beach Bicycle Accident Lawyer and discuss your rights. Mr. Quackenbush takes cases on a contingency basis, which means that you don’t need to pay any attorney’s fees unless he wins compensation for you. He works quickly to obtain a fair and just result for all types of bicycle accidents, crash, collision and wreck cases in West Palm Beach, Palm Beach County, Fort Lauderdale, Broward County, Miami, Miami-Dade County, South Florida, and all over Florida.
Bicycle accidents are becoming more and more common. Every time you are on the road, there is a potential for a catastrophic accident. Bicyclists are much more likely to be seriously injured in a collision than are occupants of trucks, cars and any other vehicles. Even a well-experienced bicyclist can be involved in a serious crash. Cyclists face many dangers on the road. They have the same rights as other vehicles do on the road. Whether you were a bicyclist hit by another vehicle on the road or while biking in another place where you are allowed to be, you might file a case against the driver of the other vehicle.
If you have been injured in a bicycle accident in which both you and the driver of the vehicle that hit you shared fault, you should contact Mr. Quackenbush. He will review the details of your case and will argue that the driver of the vehicle had the “last clear chance” to avoid the accident. That is, it is generally easier for the vehicle driver to avoid hitting a bicyclist than it is for the cyclist to get out of the way of the approaching motor vehicle.
Sometimes defects in the roadway can also cause bicycle wrecks. Potholes, broken pavement or construction debris all pose serious danger to bicyclists. These hazardous road conditions oftentimes cause a bicyclist to lose control of her or his bicycle. The party or parties responsible for the maintenance of an area where an accident occurred might be held legally responsible for damages. If you were injured in an accident due to a defective roadway, you might have a case against the parties responsible for the construction or maintenance of the roadway. This type of case would be known as a roadway construction case. In Florida, highways and roads are normally owned by governmental entities, such as the Florida Department of Transportation (FDOT). However, to either construct or maintain their roadways, oftentimes those governmental entitles hire private contractors. If a contractor created, or allowed to remain, a defect in the road, you can make a claim against the private contractor. This would be preferable in many ways because then you would avoid the restrictions of sovereign immunity.
Governmental entities in the State of Florida are protected by sovereign immunity. This means that there will be various restrictions and limitations on your case if you bring a case against a governmental entity. For instance, in the State of Florida, if you pursue a case against a governmental entity, you will only be able to recover up to $200,000. The only exception to this would be if you were able to pursue a “Claims Bill” (pursued in the State Legislature in Tallahassee) permitting you to recover more than $200,000 in compensation - but this is not an easy option.
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. You will have to wait six months prior to filing suit against the governmental entity after giving this notice (which must be done within three years). These limits might be different in the situation of a wrongful death case (i.e., if the bicyclist tragically passed away).
Also, when a contractor constructs a roadway for a governmental entity and a defect in the roadway winds up causing you injury, the contractor might raise a defense called the “Slavin Doctrine.” This doctrine states that, if the defect in the road was “patent” (that is, open & obvious) to the governmental entity when the road was turned over to that entity, then the contractor will not be responsible for it. The argument is that the governmental entity becomes responsible for the highway once the road is turned over, and the governmental entity should have noticed and fixed the defect at that time. Therefore, the entity that turned over the project is relieved of liability.
Alternatively, the contractor will be responsible and the governmental entity will not if the dangerous condition was “latent” (i.e., not open and obvious).
Highway construction cases can be based on faulty or inadequate lighting, absent stop signs, and lost/broken or faulty traffic lights. Highway construction cases might also be based on inappropriately placed attenuators or crash cushions, not properly placed traffic barrels, or debris from construction sites. Similarly, highway construction cases might be based on improperly angled roads. Finally, roadway construction cases might be based on improper “maintenance of traffic” (MOT).
If your bicycle/bike crash was caused by defective bicycle or bicycle parts, then you might have a bicycle products liability case against the manufacturer of your bike.
If you or someone you love has suffered an injury in any kind of bicycle accident in West Palm Beach, Miami, Fort Lauderdale or anyplace in Florida, contact this West Palm Beach Bicycle Accident Law Firm at 954-448-7288 for a free, no-obligation consultation. Mr. Quackenbush will work on a contingency basis, which means that you don’t pay any attorney’s fees unless he wins compensation for you. Discuss your case with an experienced attorney Mr. Quackenbush and let him take care of rest.Anthony Quackenbush, West Palm Beach Bicycle Accident Lawyer Gives Advice for Clients
Faulty road conditions and incompetent vehicle drivers are two of the leading causes of bicycle accidents. If you have been harmed in a bicycle wreck, the first thing you must do is to preserve the bicycle. You should not simply throw away a badly damaged or mangled bike. The bicycle may be valuable evidence in your case. The bicycle, for example, could potentially prove that the accident you were in was a bad one. Moreover, the bicycle may display markings indicating that an accident occurred because of a defect in the roadway such as due to a pothole, divot, open drainage grate, or open drainage plate. An expert called an “accident re-constructionist” might be able to evaluate the accident, the damage to the bicycle, and determine what caused the accident. If you get rid of the bicycle, you will lose this valuable evidence.
In the State of Florida, more and more people are turning to bicycles as a primary way to meet their daily transportation needs. You should always carry a helmet whenever you ride a bicycle. However, in case you weren’t wearing a helmet and you have been injured in an accident, then this Broward County Bicycle Accident Lawyer can hire a “helmet expert” to study the accident and determine if a helmet would have made some difference in your injuries. The helmet expert may be able to testify in court that a helmet would not have done anything to prevent your injuries.
At night, to ride your bicycle safely you should place lights on your bicycle. However, in the State of Florida, if you were involved in a bicycle collision and you did not have a bicycle light, this Broward County Bicycle Accident lawyer can hire an accident reconstructionist expert to examine 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 and you are hit by a motor vehicle while riding a bicycle in the State of Florida, you should be entitled to $10,000 of “personal injury protection” (PIP) coverage towards your lost wages or/and medical bills. The PIP coverage will pay up to 80% of your lost wages or medical bills. This is true as long as there was a vehicle involved in the accident in some way, shape or form. If you were riding your bicycle and fell over after hitting a pothole, for example, you will not be entitled to personal injury protection benefits because there was no vehicle involved in the accident.Pursue your Rights with a South Florida Bicycle Crash/Wreck Attorney
One of the most common injuries that can result from a bicycle crash is traumatic brain injury (TBI). This injury can be caused because of the lack of use of a helmet. Other injuries that can be caused due to bike accidents are head injuries, brain bleeds, and brain damage. As a result, bicyclists involved in accidents can end up living with conditions such as comas, vegetative states, paralysis, paraplegia, and quadriplegia.
Filing a bicycle accident injury claim is a complicated and detailed process that requires a thorough understanding of the legal system and the determination to pursue your claim to the end. If you have been involved in a bike crash, then you should contact a South Florida Bicycle Accident Lawyer and begin your case. He will work tirelessly to see that you obtain maximum compensation.Discuss Your Options with the Best Broward County Bicycle Collision Law Firm
If you or someone you love has been injured in a bike wreck anywhere in Florida, a bicycle accident attorney can help you obtain financial compensation for your suffering. Mr. Quackenbush is an experienced bicycle accident lawyer that will review the details of your claim and will work to protect your legal rights and obtain the outcome you deserve. To learn more about your legal rights or to begin the legal process of filing a claim, please call Mr. Quackenbush at 954-448-7288 for a free, no-obligation consultation. This West Palm Beach Bicycle Accident Law Firm takes cases on a contingency basis, which means that you don’t pay any attorney’s fees unless he wins compensation for you.