After a Florida Bicycle Accident, Who Pays My Medical Bills?

Florida is a good location for riding a bike with its sunny weather and bike-friendly paths, but bicycle and pedestrian accidents can still happen in the state. If you are a cyclist in Florida, you are likely aware of the dangers that come with sharing the road with cars. Unfortunately, accidents happen all too often, and when they do, the injuries sustained can be quite serious. You may be asking yourself, after a Florida bicycle accident, who pays my medical bills?

In the event of an accident, most medical bills are typically covered by auto insurance or other types of coverage such as health insurance. However, there are some things you need to know about insurance coverage in order to make sure you are fully protected. It is highly recommended to consult with Jared Spingarn P.A., a personal injury attorney who can provide you with legal representation and help you recover compensation after the accident.

Florida Traffic Laws

How does the State of Florida view a bicycle accident? Are bicycles considered vehicles? Under Florida law, a bicycle is considered a vehicle, and bicycle riders are considered drivers. After a Florida bicycle accident, who pays my medical bills will depend on the type of insurance coverage of the parties involved in the accident.

As bicycles are considered vehicles, a bicycle rider is obligated to follow the same traffic rules as a motor vehicle driver. A bicycle accident often occurs when either the motor vehicle driver or the cyclist fails to abide by traffic laws.

Florida Traffic Laws

What causes bicycle accidents?

Common causes of a bicycle accident include failure to yield at stop signs, running red lights, riding in the opposite direction as the oncoming traffic, and disregarding the right of way of all vehicles sharing the road. In Florida, the most common locations where bicycle accidents happen are Miami-Dade County, Fort Lauderdale, and Palm Beach.

Most bicycle accidents happen due to the negligence of either the motor vehicle driver or the cyclist. In most cases, an automobile accident will result in personal injuries, a long list of medical bills, lost wages, and sometimes, permanent injury. Thus, it is the responsibility of both parties to share the road and follow the traffic laws.

Will my insurance policy pay for my medical bills?

A bike accident often occurs when the bicycle rider is hit by a car. After the accident, medical bills will start to pile up which can further add emotional distress to the injured person. The good news is that you can file a claim with your insurance company to recover an amount to pay medical bills caused by the accident.

In Florida, an auto insurance policy should cover your medical bills. But the extent of the insurance coverage will depend on the type of auto insurance policy that you have. There are also other types of insurance coverage that can help cover medical bills.

Who pays medical bills if I don't have my own car insurance

Florida Car Insurance

Owners of a motor vehicle in Florida are required to have auto insurance while operating their vehicle. This auto insurance has a mandatory minimum that you must follow. When you get into an accident, you can have your medical bills paid by your own auto insurance. The mandatory requirement for motor vehicle owners in Florida includes personal injury protection (PIP) coverage and property damage liability (PDL) coverage.

The most affordable auto insurance in Florida varies per car insurance company. But as it is a requirement, you must make sure that you have auto insurance coverage before driving on Florida roads. Failure to maintain your insurance coverage can result in penalties such as up to three years of suspension of your driver’s license and registration as well as a reinstatement fee.

The average cost of the most affordable auto insurance in Florida is around $590 per year. More expensive auto insurance policies can reach up to more than $1,000 per year.

Personal Injury Protection (PIP) and Property Damage Liability (PDL) Coverage

In Florida, both PIP insurance and PDL coverage are required by law. The basic insurance policy that you can get from an auto insurance company contains these two types of coverage.

The mandatory minimum for PIP insurance and PDL coverage is $10,000 each. This is the type of coverage you will get if you purchase the minimum requirement. Some motor vehicle drivers prefer to get a higher coverage to pay for medical bills when they need to make personal injury claims.

What does PIP cover?

PIP insurance will cover medical bills that accumulated after an accident. This type of coverage falls under Florida’s no-fault laws, meaning you can file for insurance claims regardless of who was the at-fault driver in the accident.

Under your PIP coverage, the insurance company will pay for up to 80% of your medical bills and up to 60% of lost wages. Note that you must file a personal injury claim in a timely manner. Claims will only be honored if you file within 14 days from when the accident occurred.

It must be noted that PIP insurance is primary coverage. This means that it will cover your medical expenses when the accident happened. But your PIP benefits will not cover future medical bills, so you would need additional coverage like health insurance for that. Additionally, PIP benefits will not cover you if you were injured while riding public transportation or a ridesharing motor vehicle.

Another thing you must know about PIP is that it will not cover other losses such as permanent injuries, emotional distress, or pain and suffering. If you want to file a claim for these losses, it is best to consult with the Law Offices of Jared Spingarn P.A. as they are experienced in personal injury law.

What does PDL cover?

PDL will cover the expenses for any property damages that you caused due to the accident. If you are wondering what insurance covers a bike hitting a car, PDL is the answer. Even if someone else was driving your insured vehicle at the time of the accident, PDL will still cover the damages the accident caused.

Bodily Injury Liability Coverage

In Florida, bodily injury liability coverage is not a requirement in auto insurance. Bodily injury coverage is fault coverage, meaning the other party’s insurance company will pay the medical bills of the injured person if proven that they caused the accident. This coverage can also include future medical bills, lost wages, emotional distress, and pain and suffering – items that are not covered by basic PIP benefits.

Since it is a fault coverage, it must be proven that the other party was at-fault and thus required to pay for your medical expenses. In these cases, insurance adjusters will find ways to reduce the final settlement amount or avoid it altogether. An experienced bicycle accident attorney from the team of Jared Spingarn, P.A. can help ensure that you get fair compensation for your injuries.

Uninsured Motorist (UM) Coverage

Uninsured motorist coverage is another type of insurance that you can secure to gain additional protection for yourself in case of an accident. This type of coverage can pay for your medical treatments if the driver that hit you does not have bodily injury liability coverage. UM coverage can also be used if the BIL coverage of the driver that hit you is not enough to cover all your medical bills.

Personal Health Insurance

When you get into an accident, paying medical bills is one of the first things you will worry about. Although PIP benefits can cover the medical care that you need, the amount of your coverage may not be enough to cover your entire medical bill, especially if you sustained a serious injury.

In this case, getting an additional health insurance policy will help cover the amount of your medical bill that was not covered by PIP. Health insurers offer different types of health insurance, but even the most basic health insurance policy can become a saving grace when your PIP benefits are not enough.

Who pays medical bills if I don’t have my own car insurance?

If you don’t have your own car insurance, who pays medical bills? In this case, you can file a claim if you live with a relative who owns a car and has their own car insurance. Under the Florida Statute 627.7407, a relative or family member who lives with a policyholder can file a claim using their PIP coverage. The same limits will apply in cases like this – 80% of the $10,000 minimum coverage.

If you don’t live with a relative who owns a motor vehicle, be sure to consult with personal injury attorneys from Jared Spingarn P.A.’s law firm for a review of your case. Filing a lawsuit may be the best course of action to take in this situation.

Can I take legal action after a bicycle accident?

Can I take legal action after a bicycle accident

Yes, you can. You can get your medical bills paid by the at-fault party even if you file an insurance claim. A legal case can help you recover compensation that is not covered under any of your insurance policies.

For instance, even if you file a claim under your UM coverage policy, you can take legal action and file a personal injury lawsuit against the driver that hit you. This will help you recover from the losses that you incurred due to the accident, especially since the other driver did not cover any of your expenses.

When filing a lawsuit, it is important that you have all the evidence to prove that you were hit by a car and that the at-fault driver was the one who hit you. Make sure that you have evidence from the accident such as photos of the location, your injuries, and any damages to your vehicle or equipment.

Contact Jared Spingarn, Bicycle Accident Attorney

After a Florida bicycle accident, who pays my medical bills? In case you are involved in an accident, you should have Jared Spingarn, P.A. by your side to help you choose the best course of action to take for your personal injury case.

Your lawyer can help you pay medical bills by filing a personal injury claim, a claim with your insurance company, or a bicycle accident claim. He can also advise you on how to seek compensation through legal action.

Make sure to get a free consultation with the reputable law firm of Jared Spingarn, P.A. Accident Attorneys to help you with your case. The personal injury attorneys at this law firm have tons of experience in handling personal injury cases and can help you recover the compensation you deserve.

>> If you’re involved in a bike accident in Florida, don’t hesitate to reach out to Jared Spingarn, Accident Attorney at 1-954-781-2316 or drop a message on their Contact Us page.

Are There More Car Or Bicycle Accidents In The US?– Vehicle Insurance By State

Are there more car or bicycle accidents in Florida? Generally, the US records more motor vehicle accidents than bicycle accidents. However, that doesn’t mean that a bike rider is immune to sustaining injuries in a crash. In fact, according to the Centers for Disease Control and Prevention, more than 130,000 cyclists are injured in bicycle accidents each year.

If you are involved in a motor vehicle or bike accident, it is important to know what to do. This article will discuss the steps you should take if you get into an accident. It will also explore the course of action you can take to recover compensation whether through an insurance claim or a lawsuit. The best way to ensure that you follow the correct steps after a bicycle accident is to hire Jared Spingarn, P.A., a bicycle accident attorney who is knowledgeable in handling a Florida bicycle accident case.

Traffic Crash Statistics in the US

The National Highway Traffic Safety Administration’s (NHTSA) latest report on the number of auto accidents and bicycle accidents in the country was in 2020. According to the NHTSA, there was a total of over 5.25 million motor vehicle crashes in 2020 alone. This number decreased from an estimated 6.75 million crashes in 2019.

However, when looking into the number of fatal crashes, the number increased in 2020. There were 35,766 fatal crashes in 2020 as compared to 33,487 in 2019. Additionally, there were 5.2 million non-fatal crashes in 2020 as compared to 6.7 million in 2019.

Traffic Crash Statistics in the US

Motor Vehicle vs. Bicycle Accidents

Of the total number of motor vehicle crashes, 35% resulted in injuries or fatalities to occupants of a passenger vehicle. In comparison, 20% were bicycle fatalities, although this data also includes pedestrians and bystanders. The data clearly shows that there are more motor vehicle accidents as compared to bicycle accidents in the country.

Traffic Crash Statistics in Florida

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) tracks motor vehicle and bicycle accident statistics in the Sunshine State. In 2020, there was a total of 341,399 crashes for an average of 933 traffic crashes per day. Of the total number of crashes, 3,098 were fatal, registering 3,332 fatalities among drivers, passengers, cyclists, pedestrians, and other bystanders.

In 2020, there were 169 bicyclists killed in Florida due to a bike accident. The number of bicycle fatalities increased compared to 2019, which recorded 156 bicyclists killed. Additionally, 4,815 Florida bicycle riders sustained an injury that was non-incapacitating. The number of injured cyclists that sustained an incapacitating injury was 759.

Car vs. Bicycle Accidents in Florida

Are there more car or bicycle accident Florida? The data from the FLHSMV is in line with that of the NHTSA, meaning that there are more auto accidents compared to the number of bicycle accidents in Florida.

Furthermore, car and bicycle accident statistics in the state show that most car and bicycle accidents occur in the following counties: Miami-Dade County, Palm Beach Counties (West Palm Beach), and Broward County (Fort Lauderdale).

The rate of bicycle deaths in Florida is also much higher at 0.75 per 100,000 population compared to the national average of 0.26. A Florida bicycle accident often occurs in urban areas, where there are a lot of drivers and bicyclists sharing the road.

What causes so many traffic accidents?

A Florida bicycle accident happens daily as more people are using bicycles as a primary mode of transportation, taking advantage of the good weather and climate in the state. Bicycles and vehicles that get into an accident not only cause injuries but also mental anguish and emotional distress. Many bicycle accidents occur due to negligent drivers who are not paying attention to the road. The same goes for motor vehicle accidents.

Data from the FLHSMV shows that a Florida bicycle accident that results in personal injury is often caused by distracted drivers, failure to yield right of way, and failure to follow traffic laws such as yielding at stop signs. Bicyclists who ride into the oncoming traffic are more at risk of getting into a bike accident.

In Florida, motorists must be aware of bicyclists sharing the road with them. Although cyclists are required to ride on the bike lane, they also have the right to use the road if the area they are in has no designated bike path. In cases like this, many drivers do not know that bicycles have the same rights to use the road as them. This unawareness can cause a bike accident that leads to personal injury claims or lawsuits.

Most accidents can lead to a pile-up of medical expenses and lost wages. Most drivers try to recover from a bike accident through insurance, but this is not the only means to do so. It is best to get a free consultation from a personal injury attorney at the Law Offices of Jared Spingarn, P.A. to know how to proceed.

What are the common injuries in bike accidents?

As mentioned, a Florida bicycle accident can happen at any time and may lead to the following common injuries:

  • Minor injuries are defined as non-incapacitating injuries. Bicyclists involved in bicycle crashes may sustain cuts, abrasions, and muscle or neck pain.
  • Serious or severe injuries are incapacitating injuries. This means that bicyclists who are involved in more serious bike accidents would need immediate medical treatment. These injuries include broken bones or fractures, loss of function, and traumatic head injuries.

Car Insurance Laws by State

In the US, cars are required to have insurance in most states. The insurance protects the motorist in case they get into any type of accident such as a car vs. bike accident. The required minimum for an insurance policy differs per state and an insurance company can help you get the correct plan that you need.

As cars are required to have insurance, motorists who travel in their vehicles without an insurance policy may be found to be violating the law. The minimum policy that an insurance company will offer usually includes personal injury and property damage.

Car Insurance Laws by State

In all states except Florida, insurance for cars must include bodily injury and property damage liability. However, there are also some states that don’t require the motorist to carry an insurance policy from a recognized insurance company:

  • Iowa: Motorists must prove financial responsibility
  • New Hampshire: No insurance requirements, but must maintain the mandatory minimum if the motorist decides to purchase a policy
  • Ohio: Motorists must prove financial responsibility OR maintain the mandatory minimum coverage
  • Virginia: Must maintain the mandatory minimum coverage OR pay a fee for being an uninsured motorist

Additionally, the following states require additional coverage to be included in the insurance policy:

  • Uninsured or Underinsured Motorist (UM/UIM) Coverage: Connecticut, District of Columbia, Illinois, Indiana, Missouri, Rhode Island, South Carolina, South Dakota, Vermont, West Virginia
  • Personal Injury Protection (PIP): Delaware, Hawaii, Kentucky, Michigan, New Jersey, Pennsylvania, Utah
  • UM/UIM Coverage & PIP Coverage: Kansas, Maryland, Massachusetts, Minnesota, New York, North Dakota, Oregon

Insurance Laws in Florida

In Florida, all vehicle drivers are required to carry personal injury protection and property damage liability insurance. Florida is a no-fault state, meaning when cyclists or drivers get into an accident, they can file a personal injury claim with their PIP coverage regardless of who was at fault.

This Florida insurance law only covers motor vehicles. Cyclists who do not have PIP coverage cannot file a claim for their injuries under the insurance of the motorist that hit them. But if cyclists also have a motor vehicle, their PIP coverage will still cover them when they are injured in a Florida bike crash.

What to Do if You Have an Accident With a Cyclist

If you are ever involved in a Florida bike accident, it is important to seek medical attention immediately. If you are the motorist and are relatively unharmed, you must immediately call 911 to seek medical treatment for the injured person.

Once the injured persons have been treated for their injuries, you should then contact Jared Spingarn, P.A. Accident Attorneys to advise you on the next steps. Jared is an experienced Florida accident attorney who can help you process an insurance claim and take legal action if you decide to do so.

What to Do if You Have an Accident With a Cyclist

Can a cyclist sue a driver in Florida?

Yes, a cyclist injured in a Florida bike crash can sue the motorist that hit them. The driver can be held liable for the cyclist’s injuries if it is proven that the driver was at fault.

To prove that the motorist was at-fault in the bike accident, the following must be established:

  • The driver had a duty of reasonable care when operating the vehicle.
  • The driver was negligent in operating their vehicle.
  • The negligence of the driver caused the bike accident.
  • The bike rider sustained serious injuries in the bike accident.

Additionally, if the accident was fatal, the immediate family members of the deceased can file a wrongful death lawsuit against the party at fault. In this case, you should seek the services of a Florida wrongful death attorney from Jared Spingarn, P.A.’s law offices to advise you on the correct legal proceedings.

What happens if a cyclist hits a car?

If a cyclist hits a motor vehicle, he will be held liable for the damages to the vehicle. The driver of the vehicle can also sue the bike rider for property damage. A personal injury lawsuit may also be filed against the cyclist if they were injured in the accident.

In Florida, there is a rule called comparative negligence, wherein a court or jury awards damages to each party that is apportioned to the percentage of fault of each. For example, if both parties were found to be equally at fault, the plaintiff will receive damages reduced by 50%.

Contact Jared Spingarn, P.A. for a Free Case Evaluation

Are there more car or bicycle accidents in Florida? The data shows that motor vehicles get into more accidents than bicycles. However, Florida bicycle riders can still be at risk of sustaining injuries in case they get into a bike crash. The best way to ensure that you are protected is to seek a free case evaluation from the team at the Law Offices of Jared Spingarn, P.A. A bicycle accident attorney can assess the proper course of action you can take after an accident.

>> If you’re involved in a car or bike accident in Florida, don’t hesitate to reach out to Jared Spingarn, Accident Attorney at 1-954-781-2316 or drop a message on their Contact Us page.

When Bicyclists Are Responsible For A Florida Car Accident

Bicycle accidents happen all too often, and when they do, both the cyclist and driver can be held liable. Although many people assume that the driver of the car is always at fault, this isn’t always the case. In fact, in some situations, the bicyclist can be held responsible for the accident. If you are involved in a bicycle accident, it’s important to understand your rights and what you should do when bicyclists are responsible for a Florida car accident.

If you are involved in a bicycle accident, car insurance will usually help you recover the cost of medical bills, damages to the car, and even lost income. But there are other legal options that can be taken especially when bicycle riders caused the accident. It is important to get a free consultation from the Law Offices of Jared Spingarn, P.A. They can provide you with an experienced bicycle accident attorney who can give you sound advice on how to proceed after the accident.

What are the rights and responsibilities of Florida cyclists and motorists?

In Florida, both automobile drivers and bicyclists are required to follow the same traffic laws. Bicyclists are also considered drivers on the road and have the same rights and responsibilities in sharing the road. Often, a motor vehicle accident occurs because either the cyclist or the motorist is not aware of the traffic law they need to abide by.

On the road, the relationship between cyclists and motorists can become temperamental. Motorists tend to get annoyed at cyclists who swerve in and out of lanes, while cyclists can get frustrated with other drivers who refuse to share the road. Although most drivers are aware of their responsibilities on the road with other vehicles, some are not mindful of sharing the road with bike riders.

Rights and Responsibilities of Cyclists under Florida Law

Rights and Responsibilities of Cyclists under Florida Law

In most Florida counties, there are bicycle lanes that cyclists can use to reach their destination. But in areas without a bike lane, cyclists are allowed to ride on the roadway at a distance of at least three feet from other vehicles. Cyclists are allowed to change lanes provided that they are about to make a left turn or if they need to avoid a hazard on the road. In these cases, cyclists must make the proper hand signals to alert other drivers around them.

If cyclists are traveling in a group, they are not allowed to occupy several lanes. They are also not allowed to ride parallel to each other on the same lane, unless on a bike lane. Instead, they must keep to their lane and follow the traffic signals. Cyclists should stop at red lights and stop signs. They must also ride in the same direction as the motor vehicle traffic.

Rights and Responsibilities of Motorists under Florida Law

Motorists must acknowledge that cyclists are entitled to the same rights as them. Thus, they must respect the space of the cyclist, allowing a distance of three feet when passing them. Drivers are not allowed to pass a bicyclist in the same lane as this will be violating the law. When making a turn, motorists must activate the proper signals on their vehicle to alert cyclists behind them.

Many drivers tend to ignore cyclists on the road because they are not aware of the traffic rules they must follow. Most accidents that lead to serious injuries are caused by a lack of awareness of the road rules.

How often do bicycle accidents occur in Florida?

Bicycle accidents are a common occurrence in Florida. As bicyclists are vulnerable road users, most bicycle accidents can lead to serious personal injury on the part of the bicycle rider, even if they were the ones who caused the accident.

Severe bicycle crashes can lead to bicycle fatalities and wrongful death lawsuits. This is why it is important to immediately consult with Jared Spingarn, P.A. Accident Attorneys. They have experienced bicycle accident attorneys and personal injury lawyers who can give sound legal advice after an accident.

In Florida, data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) recorded 169 bicycle fatalities in 2020 alone. The counties that recorded the highest number of bicycle fatalities were located in South Florida – Miami-Dade County, Broward County, and Palm Beach County.

The most common causes of bicycle accidents include distracted driving and failure to yield right of way. Distracted drivers often cause crashes when they are preoccupied with things such as using a cell phone while operating a vehicle.

Cyclists and motorists who make unsafe lane changes and drive into oncoming traffic also put themselves at risk of an accident. Many bicyclists killed in Florida were involved in an auto accident with other motorists who exhibited this type of negligent behavior.

When is a bicyclist liable in a bicycle accident

When is a bicyclist liable in a bicycle accident?

Many bicycle accidents happen wherein the driver of the motor vehicle is at fault. But in some cases, even if the bicyclist is the injured party, they can be held liable for causing the crash. The failure of a bicyclist to abide by traffic laws can be ground to prove liability or a percentage of fault on the part of the bicycle rider.

It may be hard to prove liability when dealing with right-of-way issues. In Florida, motorists and cyclists are required to yield to the driver with a right of way.

For instance, cyclists should remain in the bike lane or in a single lane on the road at all times. Bicycle accidents can happen when a cyclist crosses the path of a motor vehicle in an attempt to avoid a roadblock or hazard. In this case, it would be difficult to prove who had the right of way. This is because, (1) the cyclist may not have used the proper hand signal before changing lanes; and (2) the vehicle driver failed to notice the cyclist, resulting in a collision.

Proving when bicyclists are responsible for a Florida car accident is a difficult task that you cannot do on your own. It is best to seek legal assistance from Jared Spingarn, P.A. so you can hire a bike or car accident attorney to assist you with your case.

Florida’s No-fault Insurance System

Florida is a no-fault state. This means that it has a no-fault insurance system that ensures that both parties can recover compensation for medical expenses due to personal injury.

All motorists are required to secure personal injury protection and property damage liability coverage. This coverage will travel with the policyholder. Thus, bicycle accidents can be covered by no-fault insurance.

Most bicycle accidents happen with an automobile. The injured person can then file a claim with their personal insurance policies. If you are the driver of the vehicle, you can file a claim under your personal injury protection (PIP) coverage regardless of who was at fault. Likewise, bicycle riders who have PIP coverage can also file a claim with their own insurance company.

The requirement for PIP coverage is a minimum of $10,000. The auto insurance company is obligated to cover up to 80% of your medical expenses due to the accident, as well as 60% of lost wages.

Florida's No-fault Insurance System

Bodily Injury Liability

Although personal injury protection coverage will cover your own injuries, it will not cover the other party. In this case, bodily injury liability insurance coverage can cover the injuries of the other driver that you hit. However, this type of coverage is not required in Florida.

For bicycle riders without personal injury protection coverage, you can opt to file a claim under the other driver’s bodily injury liability policy. In most cases, however, you must prove that the other driver caused the injuries you sustained. For both car drivers and bicyclists, if the other driver does not have BIL coverage, you can opt to file a personal injury lawsuit instead.

Whether you are a bicyclist or a motorist, a bicycle accident is something you wouldn’t want to experience. Be sure to get in touch with a personal injury lawyer from the Law Offices of Jared Spingarn, P.A. Accident Attorneys to get a free review of your case.

Comparative Negligence Rule

In Florida, there is a comparative negligence rule in place to protect both parties in a car or bicycle accident. Under this rule, both parties involved in the bicycle accident maintain the right to sue the other party for damages. If both parties were determined to contribute some level of fault to the accident, this percentage of fault will be deducted from the damages being sought.

For instance, in a bicycle versus car accident, if both parties were found to be equally at fault, the percentage of fault is deemed to be 50%-50%. Thus, the plaintiff will be awarded only half of the damages they are suing for.

Conclusion

Bicycle accidents occur at any time of the day and can cause serious injuries that need immediate medical attention. Although in most cases, the automobile driver is deemed to be at fault, it is important to also know when bicyclists are responsible for a Florida car accident.

In Florida, bicyclists and motorists are on the same ground, holding the same rights and responsibilities when it comes to sharing the road. Motor vehicles and bicycle riders are expected to follow the same traffic rules. Thus, all drivers have the right to file a liability claim or lawsuit for personal injury, damages, and pain and suffering caused by the bicycle accident.

If you are involved in a bicycle accident, you should get a free consultation and hire a knowledgeable bicycle accident attorney from the Law Offices of Jared Spingarn, P.A. to help you with your case. Attorneys at this established law firm will also build an attorney-client relationship with you to make you feel comfortable discussing your case, even if you feel like you were at fault in the car or bike accident.

>> If you’re involved in a bike or car accident in Florida, don’t hesitate to reach out to Jared Spingarn, Accident Attorney at 1-954-781-2316 or drop a message on their Contact Us page.

Common Causes of Bicycle Accidents In Florida: Common Liability Issues

If you are a Florida cyclist, then you know that cycling can be a great way to get around the state. You also know how common bicycle accidents can be. It is important to be aware of the common causes of bicycle accidents in Florida as these accidents can often lead to serious injuries. Knowing what to look out for can help you stay safe on the road.

This article will discuss some of the most common liability issues associated with bicycle accidents and what you can do to protect yourself if you are injured in one. It is recommended that you hire Jared Spingarn, P.A., a bike accident attorney who can help ensure that you get the compensation you deserve after the accident.

Florida Bicycle Accident Statistics

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) keeps a record of Florida bicycle accident statistics. The latest data released by the department was from 2020. Based on this data, 5,952 bicycle accidents occurred in the state. Of the total number of bicycle accidents, 4,815 resulted in minor wounds while 759 bike accidents resulted in seriously injured cyclists.

Also in 2020, the data showed that 169 bicycle accidents were fatal accidents. Fatal Florida bicycle accidents occur at a high rate in the state, with 0.75 bicyclists killed per 100,000 residents.

Florida bicycle accidents occurred most often in Miami-Dade County which had a total of 757 bike accidents in 2020. In the same year, Broward County recorded 602 bicycle crashes. Broward County is home to the famous coastal city of Fort Lauderdale. Many locals and tourists travel to Broward County yearly to see the sights and experience the culture of the place.

Palm Beach County is also among the top counties where a Florida bicycle accident occurred in 2020. Home to the popular West Palm Beach, the county recorded 373 cycling accidents.

What are the main causes of bicycle injuries?

Bicycling accidents can result in several common bicycle injuries. When Florida cyclists collide with a much larger vehicle, the bike riders will often receive the brunt of the impact.

There are many factors that can cause a bike accident to occur, resulting in personal injury to the cyclists involved, and in some cases, to the car driver as well. The following are the common causes of bicycle accidents in Florida.

What are the main causes of bicycle injuries

Distracted Driving

Distracted driving is one of the most common causes of bicycle accidents in Florida. This happens when Florida cyclists are hit by a driver who exhibits negligent behavior while driving.

Many factors can cause a driver to resort to careless driving. Distracted drivers may be texting while driving, looking somewhere else, changing the radio station on their car, and so on. These things can cause the driver to lose focus on the road leading to a bike accident.

Failure to Yield Right of Way

Bike accidents often occur due to a failure to yield right of way, whether on the part of the bicycle riders or the motorists. Motorists must be aware of bicyclists sharing the road with them. Without this awareness, a bicycle accident will likely occur.

Failure to yield right of way happens when other vehicles turn carelessly without checking for oncoming Florida bicyclists. It can also happen when the driver ignores a stop sign and continues through an intersection even if a bicycle rider already has the right of way.

Maneuvering the Vehicle Off-Lane or Off-Road

Another cause of common bicycle injuries is maneuvering off-lane or off-road. In this type of bicycle accident, drivers suddenly swerve to change lanes which causes them to hit Florida bicyclists.

Another instance is when drivers maneuver their vehicle onto the bike lane to get ahead of traffic. In the case of the bicycle rider, a bike accident can also occur if the bicyclist suddenly swerves into a different lane or rides in the opposite direction on the main road.

Rear-ending

Many bike crashes happen due to rear-ending. This type of bicycle accident can occur when the cyclist, motorcycle rider, or car driver fails to estimate the distance between the vehicle in front of them, causing a collision. Rear-ending also happens when vehicles are speeding. These vehicles fail to stop in time to avoid colliding with the vehicle in front of them.

Dooring

Bike accidents also happen on narrow roads. Passengers who suddenly open the car door of a parked car may hit oncoming cyclists, causing personal injury. Dooring often occurs on a side street or open parking lot where passengers alight their vehicles without checking.

Ignoring Traffic Signs

Motorists failing to follow traffic signs can cause bike crashes to occur. Failure to abide by stop signs, running a red light, crossing on pedestrian lanes, and driving in the wrong direction all increase the risk of a bike accident.

Poor Weather Conditions

Even if cyclists are riding on the designated bicycle lanes, poor weather conditions can affect the visibility of the motorists causing them to accidentally collide with the cyclists. Bike crashes can occur during poor conditions such as rain or fog. Cyclists who ride at night without reflective gear or tail lights are more prone to sustain injuries from a bike accident.

What are the common injuries after a bicycle accident?

A bike accident is likely to cause several injuries ranging from minor to severe. The worst injury will result in bicycle fatalities. In a Florida bicycle accident, the most common injuries are as follows.

What are the common injuries after a bicycle accident

  • Road rash or superficial wounds caused by skidding on the road
  • Scratches and bruises
  • Muscle and neck pain
  • Broken bones and torn ligaments usually to the extremities as well as the ribs, pelvic bone, and collarbone
  • Brain injuries including concussions and traumatic injuries
  • Dental injuries
  • Internal bleeding caused by strong impact upon collision
  • Impairment of function in the limbs
  • Paralysis caused by brain or back injuries

What are the common liability issues after a bicycle accident?

In a car accident involving a bicycle, you have the option to file a personal injury claim or a lawsuit, especially if you sustained injuries due to the crash. The law firm of Jared Spingarn, P.A. can give you a free case review to discuss the liability issues that arise from your case. They have experienced bicycle accident attorneys who can advise you on the legal action to take.

What are the common liability issues after a bicycle accident

Personal Injury Protection and Property Damage Liability

Florida is a no-fault state. This means that the drivers involved in the accident are required to file a claim with their insurance company, regardless of who caused the accident.

Motor vehicle drivers in Florida are required to carry personal injury protection (PIP) and property damage liability (PDL) insurance. This means that in case of an accident, their medical expenses and lost wages will be covered.

If you are both a car owner and a cyclist, your PIP coverage will travel with you when you are riding a bike. If you damage the property of others, your PDL coverage should help pay for the damages. The amount of coverage will depend on the insurance policy that you have but companies are required to cover up to 80% of the bills. Generally, this type of coverage will cover $10,000 each for PIP and PDL.

Bodily Injury Liability

If you don’t have any PIP coverage, you can file a claim with the insurance company of the motor vehicle driver that hit you if they have bodily injury liability (BIL) coverage. If they don’t have the said coverage, you can file a bodily injury lawsuit. Your bicycle accident attorney from Jared Spingarn P.A. Accident Attorneys should be able to advise you on the legal options available for your case.

When filing a lawsuit for bodily injury, your bicycle accident attorney will have to establish that the other driver’s negligence caused the injuries, by proving the following:

  1. The other party had an obligation to protect others from harm;
  2. The other party did not uphold this obligation;
  3. You were injured because of the other party’s negligence to uphold this obligation.

Also, to qualify for a bodily injury lawsuit, your injuries must classify as severe injuries:

  • Permanent injury
  • Loss of function or significant impairment
  • Disfigurement
  • Wrongful death (as discussed in the next sections)

To prove that you sustained severe injuries, you must present a copy of your medical reports, treatments, prescriptions, a statement from a medical professional, witness statements, and a record of how the injury has affected your daily life.

In Florida, there is a Statute of Limitations for filing a lawsuit. This means that there is a maximum amount of time that you must follow if you want to file your case. For accidents involving negligence, such as bicycle accidents, you have four years after the accident to file a lawsuit. If you go beyond this period, the court handling your case will probably dismiss it.

Comparative Negligence Rule

If you proceed with a lawsuit, you must be aware of the Comparative Negligence Rule in Florida. This means that the court will award you damages based on your percentage of fault in the case. For instance, a motorist hit you while you were turning right, but it was found that you swerved towards his lane while doing so. You may be found to be 50% at fault, meaning the damages to be awarded to you will be reduced by 50% as well.

Wrongful Death Lawsuit

If the bicycle accident was fatal, a wrongful death lawsuit can be filed by the immediate family members of the deceased. The evidence needed for this case is similar to a bodily injury liability lawsuit, but a personal representative will file the case on behalf of the deceased. The damages to be awarded will be received by the immediate family members of the deceased. In this case, the statute of limitations is two years from the date of death.

Filing a Lawsuit against Government Entities

Filing a lawsuit against government entities has a different statute of limitations, but the legal procedure is generally the same. If your bike accident involved a collision with a state-owned motor vehicle, you must notify the other party within three years of the accident. If a Federal vehicle such as a United States Postal truck hit you, you have two years to file the proper forms under the Federal Tort Claims Act.

Conclusion

There are several common causes of bicycle accidents in Florida. In some instances, the injury is not immediately apparent right after the bike crash. Cyclists may seem fine right after the crash but will suddenly feel the impact of the accident a few days after. This is why it is advised to immediately get a free consultation from Jared Spingarn, P.A. so you can get the proper advice on the steps you can take after an accident.

>> If you’re involved in a bike accident in Florida, don’t hesitate to reach out to Jared Spingarn, Accident Attorney at 1-954-781-2316 or drop a message on their Contact Us page.

Does Florida Have The Most Bicycle Fatalities From Vehicle Crashes?- Bicycle Accident Statistics In The US

Bicycles are a popular mode of transportation, especially in states like Florida which have a lot of sunshine and flat terrain. While bicycling is a great way to get around, there is still the possibility of Florida bicyclists getting into cycling accidents. Does Florida have the most bicycle fatalities from vehicle crashes? According to the latest car and bicycle accident statistics from the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA, 2019), Florida ranks number one in the country in the number of bicycle deaths from vehicle crashes with 161.

If you are involved in a bike crash, it is important to know your rights. You may have a legal claim against the driver that hit you, or you may need to reach a settlement with the other party if you were also at fault. It is best to hire an experienced bike accident attorney from the law firm of Jared Spingarn P.A. who can give you sound legal advice if you get into a bike accident.

Bicycle Accident Statistics in the U.S.

The latest statistics from the NHTSA show that in 2019, an estimated 49,000 bicycle crashes occurred that resulted in injuries. Of this total, 846 resulted in bicyclist deaths in the entire country.

Furthermore, these bicycle and car accident statistics show that 96% of fatal bicycle accidents happened due to a single-vehicle collision with a motorist. The data showed that most bicycle deaths happened upon impact with a motor vehicle. Additionally, most fatal bicycle crashes occurred when bicyclists were hit by the front of a vehicle.

In fatal bicycle accidents with bigger vehicles such as large trucks and buses, the most common point of impact was on the right side of the vehicle. This type of bicycle crash accounted for an estimated 20% of all bicycle accident fatalities.

Bicycle Accident Statistics in the U.S.

Bicycle Accidents by State

When considering fatal bicycle accident statistics by state, Florida cyclists get into fatal crashes at a rate of 0.75 per 100,000 resident population. This number is above the national average of 0.26.

Delaware is the next state with the highest rate of fatal bike accidents, with 0.72 bicyclists killed per 100,000 resident population. The number of cyclists involved in fatal bicycle accidents was highest in Florida with 161, followed by California with 133, and Texas with 66.

In contrast, the State of Nebraska recorded the lowest rate of fatal bike crashes at only 0.05 per 100,000 resident population. Nebraska had only one fatal bicycle accident in 2019. There were also several states that had zero fatalities from bicycle accidents – New Hampshire, Rhode Island, Vermont, and Wyoming.

Florida Bicycle Accident Statistics

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) tracks the data on traffic and bicycle accidents in the state. In 2020, the department recorded 5,952 bicycle accidents in Florida. Of this number, 4,815 bike accidents resulted in injuries to cyclists while 759 of the bike crashes resulted in severe or incapacitating injuries.

Bicycle Deaths in Florida

Does Florida have the most bicycle fatalities from vehicle crashes? The statistics show that more cyclists are involved in deadly crashes in Florida compared to any other state.

Bicycle accidents in Florida resulted in 169 fatalities in 2020. This number increased from the previous year. Of this number, 141 cyclists were not wearing any type of safety equipment while riding. But 22 cyclists were found to be wearing bike helmets when the crash occurred.

The worst thing that can happen is getting into a fatal bike accident, in which case the immediate family members or relatives of the deceased can file a wrongful death claim against the negligent party. In this case, it is best to get a free consultation with the Law Offices of Jared Spingarn, P.A. Accident Attorneys. The attorneys in the firm can expertly handle your case.

Common Causes of a Florida Bicycle Accident

Common Causes of a Florida Bicycle Accident

The statistics from the FLHSMV show that the following factors caused the highest number of fatal traffic accidents in Florida:

  • Drivers operating a motor vehicle in a negligent manner
  • Drivers’ or cyclists’ failure to yield right of way
  • Failure to keep in the proper lane (bicycle lanes for a cyclist or correct road lanes for drivers)
  • Drivers ran off the roadway resulting in them hitting cyclists, pedestrians on the sidewalk, or off-road structures

In crashes that resulted in incapacitating injuries, the statistics show the following causes:

  • Drivers operating a motor vehicle in a negligent manner
  • Failure to yield right of way
  • Failure to keep in the proper lane
  • Cyclist or driver who ran a red light

Where do most bicycle crashes occur?

In Florida, bicycle riders get into accidents more often in the following counties:

  1. Miami-Dade: Recorded 757 cycling accidents with 15 fatalities and 696 cyclist injuries.
  2. Broward: 602 bike accidents with 6 fatalities and 577 injuries.
  3. Pinellas: 518 accidents, 8 fatalities, and 494 injured.
  4. Hillsborough: 472 bikes were involved in an accident with 14 fatalities and 446 injuries.
  5. Palm Beach: 373 bicycles were involved in a crash with 12 fatalities and 348 injured Florida cyclists.

At what time of day do bicycle accidents occur?

In Florida, a bicycle accident that results in injury most often occurs during the following days and times:

  • Non-incapacitating injury: Fridays from 5 p.m. to 8 p.m.
  • Incapacitating injury: Saturdays from 4 p.m. to 7 p.m.
  • Fatal injury: Saturdays from 8 p.m. to 11 p.m.

Common Injuries after a Bicycle Accident

When out on a bike ride, you are at risk of getting into an accident and sustaining injuries that range from minor to severe. The following are the most common injuries a biker can sustain while out on a ride.

  • Minor or non-incapacitating injury: Scratches, bruises, lacerations, neck pain, and similar
  • Serious or incapacitating injury: Broken bones, severed limbs, impairment or loss of function, or another disabling injury
  • Possible injury: No visible injury but the accident victim complains of pains; momentary loss of consciousness
  • Fatal injury: Any serious injury that resulted in death within 30 days after the accident occurred

What should I do if I get into a bicycle accident?

A bicycle accident can happen at any time when you are out riding your bike. Even if you follow the road rules, out-of-control cars or cars driven by negligent drivers can hit you and cause personal injury. In the event of a crash, it is important to know the steps you should take to make sure you are protected in the aftermath.

Most vehicle accidents happen due to negligence. If you sustained injuries from a crash, you can file a personal injury claim or a lawsuit against the driver at fault. In these cases, you must have a personal injury attorney from the law firm of Jared Spingarn P.A. by your side who can help you every step of the way.

What should I do if I get into a bicycle accident

Here is a list of the things you should do immediately after a bicycle accident.

  • Check your injuries.
  • Call emergency services – 911 and the police.
  • Get immediate medical attention if needed.
  • Call Jared Spingarn P.A. to get the proper advice on what to do.
  • If you have personal insurance, call your insurance agent or company to inform them of the incident.
  • If able, give your statement to the police of your recollection of the events. However, don’t overshare. Your lawyer can advise you on the important details to give to the police.
  • Collect all the evidence that you can. This includes photographs of the bike, motor vehicle, and any damaged equipment or structures due to the crash.
  • Make sure to keep the evidence – this can help you when filing an insurance claim or a lawsuit against the other party. Again, your bike accident or personal injury attorney can help you with this process.

Sharing the Road: Responsibilities of Florida Bicyclists and Motorists

Drivers often fail to notice bicyclists sharing the road with their vehicles. However, in Florida, both bicycle riders and motorists have the same rights and responsibilities on the road and are held accountable as such.

A cyclist in Florida is also considered a driver. This means that even when riding a bike, you should follow the road rules. This includes riding a bike on the roadway in the same direction as motor vehicles, riding a bike on designated bicycle lanes if present, and following all traffic signs accordingly.

Likewise, a driver of a motor vehicle must be aware that cyclists have the right to use the roadways. Thus, motorists should not tailgate cyclists, cut into their lanes, or carelessly overtake a bicycle rider.

Contact Jared Spingarn P.A. (Florida Bike Accident Attorney) for a Free Consultation

Does Florida have the most bicycle fatalities from vehicle crashes? Per the 2019 data from the NHTSA, yes it does. If you are involved in a bicycle accident, it is best to have a knowledgeable bike accident attorney to help you with the correct course of action to take. Be sure to get in touch with the law firm of Jared Spingarn P.A. for your legal representation. They can offer a free case evaluation to help you decide on the legal steps you can take after the accident.

>> If you’re involved in a bike accident in Florida, don’t hesitate to reach out to Jared Spingarn, Accident Attorney at 1-954-781-2316 or drop a message on their Contact Us page.

How Long Do You Have To Get A Lawyer After A Bike Accident In Florida?

In Florida, many people have taken up biking as a mode of transportation. Bikes help people save on costs and get the exercise they need. The only downside to biking is that accidents can happen at any time. You may be wondering, how long do you have to get a lawyer after a bike accident in Florida? The answer is that you should contact a lawyer as soon as possible.

If you are involved in a bicycle accident, it is important to know what action to take. This article will explain why it is important to contact a lawyer right away. It will also discuss bicycle accident claims and why it is important to work with the qualified law firm of Jared Spingarn, P.A. Accident Attorneys.

Bike Accidents in Florida

Bicycling has become a popular mode of transportation in Florida. The state is home to many beautiful scenic routes and trails. Biking is also a great way to get exercise and enjoy the outdoors. Unfortunately, accidents happen, and bike riders are vulnerable to serious injuries.

Bike Accidents in Florida

How often do bike accidents occur in Florida?

In the Sunshine State, a bike accident is a common occurrence. Preliminary data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) shows that in 2021, 6,398 bicycle riders were involved in a crash, 182 of which resulted in fatalities. This number increased from 2020 which had 5,952 crashes with 169 fatalities.

What causes bike accidents in Florida?

The most common cause of a bike crash is getting into a bike-car accident. This means that the motor vehicle and bicycle collided, leading to serious injury and in some cases, wrongful death.

Usually, a car accident with a bike is due to negligence on the part of either driver. Often, the at-fault driver’s negligence was the main cause of the bike-car accident, causing the other driver to sustain many injuries that may need emergency services.

When should I hire a bike or car accident lawyer in Florida?

A bicycle crash can lead to permanent injuries, lost income, and a lifetime of medical care. Just one trip to the emergency room to seek medical treatment can cost you a huge amount. Getting into a serious crash is a traumatic event and may leave you with pain and suffering for many years after the accident occurred.

How long do you have to get a lawyer after a car accident in Florida? The answer is simple – you should get a free case evaluation from a bike or car accident lawyer from the law offices of Jared Spingarn immediately after getting into a bike or car accident.

A Florida car accident attorney or personal injury lawyer from Jared’s law firm will help you with the legal process after a bike crash. Your personal injury attorney can make sure that you file the proper personal injury claim or car accident claim.

If you sustained injuries, your personal injury attorney will assist you in speaking with your insurance company when filing personal injury claims. Note that the process of negotiating with insurance companies can become challenging. Sometimes, insurance companies will try to lowball you in your accident claim through an insurance adjuster.

Thus, a bike or car accident lawyer provided by Jared Spingarn’s law firm will ensure that these insurance companies will treat you fairly. Aside from helping you file bike or car accident claims with an insurance company, your bike or car accident lawyer will make sure that you get fair compensation for the pain and suffering caused by the crash.

Additionally, your lawyer can assist you in filing a car accident lawsuit or a wrongful death lawsuit if your loved one succumbed to the injuries they sustained in the bike or car accident. If you get into a Florida car accident, make sure to immediately get in touch with the car accident attorneys from Jared Spingarn’s law offices who are knowledgeable in Florida law on bike and car accidents. This law firm will give you a free consultation plus a no-obligation case evaluation to help you decide on the best course of action after the crash.

Can I file a claim with my insurance company after an accident

Can I file a claim with my insurance company after an accident?

When you are involved in bike or car accidents, you can seek compensation by filing car accident claims from your insurance company. The insurance company can cover your medical bills and possibly lost wages, depending on the type of insurance that you have.

In Florida, car owners are required to have personal injury protection (PIP) which will cover a serious injury in case they get into a car accident in Florida. This means that persons with PIP will still be covered even when riding their bikes.

If you don’t have PIP, you should still seek medical attention but you will need to file a claim with the insurance company of the negligent party. In crashes where the bicycle rider was hit by a car, the bicycle rider may have a legal injury claim against the at-fault driver’s insurance company.

In these cases, it must be proven that the at-fault driver was the negligent party that caused the crash to occur. Car accident lawsuits are usually filed in these instances; which is why you would need to get a free case evaluation from Jared Spingarn, P.A., an experienced accident and personal injury lawyer, right after you get into a car accident in Florida.

When should I sue after a Florida car accident?

How long do you have to get a lawyer after a bike accident in Florida? As soon as possible. But when should you sue after a bike or car accident? When to file a lawsuit will depend on the details of your bike or car accident case that falls under the Florida law on the statute of limitations.

Personal injury lawyers from the law firm of Jared Spingarn, P.A. in Florida will know what the statute of limitations is for your auto accident case. They can provide you with a free consultation to help you determine how to recover compensation.

What is the Florida car accident statute of limitations?

Florida’s statute of limitations is the amount of time that you have to file a lawsuit after a motor vehicle accident. If you go beyond the period stated by the law, the court handling your case will most likely dismiss it.

So, how long after a car or bike crash can you file a lawsuit? Generally, the statute of limitations for car accident cases is four (4) years under the Florida statute 95.11, referring to actions found on negligence. This means that you can file a lawsuit against the negligent party four years after the crash happened. However, there are a few exceptions to this statute of limitation, as listed below.

Filing a Wrongful Death Lawsuit

If the car or bike crash was fatal, the immediate family members of the deceased can file a wrongful death lawsuit. In this type of lawsuit, a personal representative of the deceased will be the one seeking compensation. The statute of limitations, in this case, is only up to two years from the date of death.

Filing a Lawsuit Involving the State of Florida

If the crash you were in involves the state of Florida, how long after a car accident can you file a lawsuit? The process of filing a lawsuit that involves government entities differs from filing a case against a private negligent party or their insurance company.

You will have four (4) years to file a lawsuit involving the state; however, your lawyer must notify the involved party within three (3) years from the incident. Cases will involve the state when your bike or car was hit by a state-owned vehicle such as a bus, rescue vehicle, or police vehicle. When getting a free consultation from Jared Spingarn, P.A., make sure to let him know who or what hit you.

Filing a Lawsuit Involving the Federal Government

If you were hit by a U.S. Customs vehicle or Postal truck, you can file a claim against the national government. Under the Federal Tort Claims Act (FTCA), you will have two (2) years to file the Standard Form 95 which provides all the information regarding your claim including the extent of the injury, death, or property damage.

The proper documents must be forwarded to the involved office for processing. In this case, filing a claim is not equivalent to a lawsuit; when your claim is denied, that’s the time that you can sue. However, you will only have six (6) months to sue the other party after your claim is denied. If you don’t receive any feedback regarding your claim after six (6) months from filing, this means that it was denied and you can proceed with a lawsuit.

Your attorney from the law offices of Jared Spingarn, P.A. can help you understand the statute of limitations involving your case. Without a competent accident attorney, you will have difficulty receiving compensation for any injuries as well as pain and suffering that resulted from the accident.

What to Do After a Bike Accident

What to Do After a Bike Accident

After a bike accident, the first thing you need to do is get treatment for your injuries. Be sure to call emergency respondents when you get into an accident. After which, be sure to get in touch with Jared Spingarn P.A., who is an expert bike accident attorney to help you with your case.

The first step to receiving compensation is to file a claim with your insurance company. To do this, you must be sure to have a copy of the police report of the incident, as well as documentation of any evidence such as the medical reports and pictures of the crash.

You also have the option to sue the at-fault party for the extent of the damages caused. Your experienced attorney in Florida can give you sound legal advice on what actions you can take.

Contact the Law Offices of Jared Spingarn P.A. Immediately After a Bike or Car Accident

How long do you have to get a lawyer after a bike accident? Immediately after an accident, make sure to get a free legal consultation with Jared Spingarn, a passionate lawyer who can help you receive your owed compensation.

Getting the best legal representation can help you file an insurance claim and receive the maximum compensation you deserve. Your lawyer will help ensure that insurance companies will treat you fairly so you can receive compensation for your medical expenses and lost wages. Aside from providing you with a free consultation, a good bike accident attorney will know the best course of action to take.

>> If you’re involved in a bike accident in Florida, don’t hesitate to reach out to Jared Spingarn, Accident Attorney at 1-954-781-2316 or drop a message on their Contact Us page.

Bike Accidents: What To Do After An Electric Bike Accident In Florida?

Electric bicycles are becoming a popular form of transportation in Florida. These e-bikes help people save on gasoline costs that come with a motor vehicle. In Florida, e-bike laws require riders to follow the same rules as traditional bikes. Since you can ride an e-bike on the same paths and roads as bicycles, you may be wondering what to do after an electric bike accident in Florida.

If you are involved in an electric bike accident, the first thing to do is stay calm and assess the situation. If you are injured, seek medical treatment immediately. Once you have taken care of yourself and any injured parties, there are a few things you need to do in order to protect yourself legally and financially. To ensure your protection, get in touch with the reputable law firm of Jared Spingarn, P.A. Accident Attorneys.

What are E-bikes?

In 2020, the Statutes of Florida Law were amended to update the definition of an electric bicycle. Previously, the definition of e-bikes included electric scooters or mopeds. These scooters function similarly to automatic motorcycles, with a throttle that you can simply twist to accelerate.

The accepted definition today is that an e-bike is any bicycle or tricycle that is built with fully operable pedals. The e-bike should have a seat for the rider. An electric motor is used to power an e-bike and the motor wattage should be less than 750 watts.

In simple terms, e-bikes are similar to traditional bicycles. E-bicycles can provide you with much-needed exercise while helping you reach your destination faster compared to regular bikes.

The difference is that an e-bike has a built-in electric motor that provides pedal assistance to the rider. This means that an e-bike is capable of running at a higher speed than a traditional bike. Depending on the design of the electric bike, bike riders can pedal without assistance, pedal with assistance, or operate the e-bike without pedaling.

The motor of an e-bike will usually stop providing assistance when it reaches a certain speed. With some e-bike models, the motor can be used to operate the e-bike once the rider stops pedaling.

What are E-bikes

Under this same Florida law, e-bikes are further divided into three classes. Below are the definitions of each e-bike class.

Class 1 E-Bikes

Class 1 E-bikes are defined as electric bikes that have a pedal assistance feature when the rider is pedaling. This pedal assistance feature will stop once the e-bike reaches a speed of 20mph.

Class 2 E-Bikes

Class 2 E-bikes are defined as electric bikes that can be operated solely by using the motor. The motor will stop when the e-bike reaches a speed of 20mph.

Class 3 E-Bikes

Class 3 E-bikes are defined as electric bikes that have a pedal assistance feature when the rider is pedaling. This pedal assistance feature will stop once the e-bike reaches a speed of 28mph.

Can you get into an e-bike accident?

E-bikes don’t run as fast as motor vehicles. However, electric bike accidents can still happen as local ordinances allow e-bike riders to use the same bike paths, lanes, and roads as bicycle riders. An e-bike accident can happen at any time while out riding.

An electric bike accident is often caused by the negligence of the at-fault party. Failure to abide by road rules and distracted driving can also cause an electric bike accident.

Most e-bike accidents happen when e-bike riders are hit by other vehicles. Similar to traditional bikes, an electric bike accident can be caused by a rear-end collision, failure to yield at a stop sign or intersection, drunk driving, and drivers swerving into bike lanes. In these cases, you should seek legal advice from an experienced personal injury attorney from the law firm of Jared Spingarn so you know your options after the accident.

How common are e-bike accidents?

An electric bike accident is quite common as more people are choosing to ride an e-bike. In Florida, electric bike accidents happen more often in the bigger counties.

Miami-Dade County, where the famous Miami Beach is located, recorded 757 bike crashes in 2020 alone. This number represents both traditional bikes and e-bikes.

Broward County, home to Fort Lauderdale, also recorded a high number of accidents at 602. While another county famous for its beaches, Palm Beach County, recorded 373 bicycle and electric bicycle accidents.

What to do after a car accident with a bicycle or e-bike

What to do after a car accident with a bicycle or e-bike?

An e-bike accident can lead to several e-bike injuries ranging from mild to severe. Mild injuries include scratches and bruises; more serious injuries include bone fractures, loss of limbs, traumatic brain injuries, and paralysis.

The first thing to do if you are involved in an electric bike accident is to check your injuries. Injury victims involved in an e-bike accident may need to be brought to an emergency room for medical treatment if they sustained severe injuries.

The next thing you should do, if you are capable, is to report the accident. Then, be sure to call Jared Spingarn, P.A., a bicycle accident attorney with tons of experience in handling bike accident cases. This will allow you to file a claim with your insurance company depending on the insurance policy that you have.

How to Report a Bike Accident

There are several steps to take when reporting a bike accident. If you find yourself involved in an e-bike accident while out for a ride, be sure to make a correct report. This will help you in a personal injury claim after the accident. Follow these steps on what to do after an electric bike accident in Florida.

1. Check your injuries.

Again, the first thing you must do is check for injuries. Don’t try to stand up immediately or move around because you may have a fracture or torn ligaments from the accident.

2. Call 911 or local emergency services.

After checking your injuries, immediately call 911. If you can’t find your phone you can ask the other driver or bystanders who witnessed the accident to call for you.

In some cases, drivers will try to convince the accident victim not to call. They may even offer money for your injuries instead. Don’t accept their offer. It is important to call emergency services so you can get the proper treatment for your injuries and file a report with the authorities.

3. Don’t be too quick to say who or what caused the accident.

When the authorities arrive, they will likely ask you for a statement about the accident. When giving your statement, make it brief and straightforward. There is no need to add your assumptions about what caused the accident because doing so might lead you to admit fault, even if you didn’t cause the accident.

4. Get treatment for your injuries.

Going on a bike ride can lead to severe injuries, so it is best to get the treatment that you need. Even for a mild personal injury, you should consult with a healthcare professional just to be sure that you don’t have any internal injuries.

Aside from seeking treatment for your personal injury, medical records can help your case when you file a personal injury claim with your insurance company. These records will also help if you decide to file a lawsuit against the driver at fault.

5. Collect evidence of the accident.

One of the most important things in a bike accident report is the evidence. Take complete photographs and videos of your e-bike, the vehicle that hit you, your injuries, and any damage to your protective gear and equipment. Talk to the driver who hit you and any bystanders who may have witnessed the accident.

Collecting your own evidence is important so that you have a personal record of what happened. Sometimes, police reports may fail to cover all the evidence, so having another copy to verify everything will help you get an accurate report.

6. Get the contact information of the driver of the vehicle that hit you.

When you obtain contact information, you are assuring yourself that you will be able to take legal action in the future. This will also help you keep in touch with the driver for insurance claims or settlements that you will pursue.

7. Call your insurance agent.

In Florida, drivers are required to have personal injury protection (PIP) coverage. After getting treatment for your injuries and collecting all the evidence, make sure to call your insurance agent to let them know what happened. This will help speed up the process of filing a claim based on your insurance policy. PIP coverage can help pay for medical bills and other costs related to the accident. Some policies even cover lost wages due to the accident.

8. Contact a personal injury attorney from the Law Offices of Jared Spingarn, P.A. to assist you with the legal process.

Florida residents must seek legal assistance from a reputable personal injury lawyer, which Jared Spingarn’s firm provides. They will provide you with a free consultation about your case and help you file a claim or lawsuit to help you obtain fair compensation after the accident.

You can seek immediate help from Jared Spingarn's law firm after an e-bike accident.

You can seek immediate help from Jared Spingarn’s law firm after an e-bike accident.

An e-bike accident can cause serious injury, lost wages, and non-economic suffering. If you’ve been in an accident, you can seek help from an experienced personal injury lawyer to help you with the legal process.

The law offices of Jared Spingarn will offer a free consultation before taking your case. They can give you the best advice on how to go about filing a claim. If you intend to sue the other driver, a personal injury lawyer will establish the grounds to give you a good shot at winning the case.

In fatal accidents, the surviving family of the deceased can file wrongful death claims to obtain fair compensation after the accident. In Florida, only the personal representative of the deceased is allowed to file this claim, but the surviving families are entitled to receive the compensation.

Conclusion

What to do after an electric bike accident in Florida? After an accident, immediately seek medical attention for your injuries. Once you are treated by a medical professional, proceed with filing a report and collecting evidence from all the people involved.

Consult with Jared Spingarn so you can hire a personal injury attorney to help you in filing an insurance claim or a lawsuit against the party at fault. An experienced bike accident lawyer from Jared’s firm can help you with all the legal proceedings so you can get the fair compensation you deserve after the accident.

>> If you’re involved in a bike accident in Florida, don’t hesitate to reach out to Jared Spingarn, Accident Attorney at 1-954-781-2316 for a Free Case Review or drop a message on their Contact Us page.

What Causes So Many Bicycle Accidents In Florida?

Florida is a great place to ride a bike. With its year-round warm weather and plenty of scenic routes, it’s no wonder that cycling is such a popular activity in the state. However, riding a bike comes with certain risks, such as getting involved in a bicycle accident. This article will look at what causes so many bicycle accidents in Florida, what steps you can take when you are involved in a bike crash, and how hiring Florida bicycle accident attorney Jared Spingarn, P.A. can help you after the accident.

Florida Bicycle Accident Statistics

The Florida Department of Highway Safety and Motor Vehicles records data on Florida bicycle accidents. The department’s annual crash report presents statistics on the total number of traffic crashes per year in the state. This report includes motor vehicle accidents and bike accidents. It also includes the causes of these crashes and the number of bicycle fatalities.

In 2020, there was a total of 341,399 traffic crashes in the state. Of this number, 5,952 were cycling accidents where Florida bicyclists were involved. This number was equivalent to approximately 1.7% of all accidents recorded in the state.

Out of the total number of bike accidents, Florida bicycle accident statistics recorded 759 incapacitating injuries from bike crashes. These injuries were described as serious injuries that needed immediate medical attention, such as broken bones, amputations, brain injuries, and other disabling personal injuries.

Furthermore, the crash report shows that 4,815 Florida cyclists sustained other injuries in a bicycle accident. These injuries to bike riders included scratches, bruises, and other surface wounds that did not need emergency medical care.

Florida Bicycle Accident Statistics

Florida Bicycle Deaths Statistics

The total number of bike crashes resulted in 169 bicyclists killed. Among the Florida cyclists involved in a fatal crash, 45 bicycle riders were found to have the presence of drugs, alcohol, or both when the accidents occurred.

Furthermore, 141 Florida bicyclists who died did not wear any protective gear such as a helmet or reflective equipment. However, 22 cyclists in a fatal bicycle accident wore a helmet, while nine bikers had lights installed on their bicycles.

Common Locations where Bicycle Accidents Occur

Florida is a huge state with a population of more than 20 million. Many bike crashes happen daily, resulting in bicycle injuries and fatal accidents. Miami-Dade County recorded the highest number of Florida bicycle accidents in 2020, with 757 bicycle crashes. Of this number, 15 were fatal crashes, while 696 resulted in injuries to cyclists. This county is where the famous city of Miami is located.

Broward County recorded the next-highest number of bike accidents with 602; 577 cyclists were injured in these crashes while six were killed. Broward County is home to Coral Springs and Hallandale Beach. The famous beaches of Fort Lauderdale can also be found in Broward County.

Pinellas County was third on the list, with 518 bicycle crashes, eight fatalities, and 494 injuries. Florida’s third-largest city, St. Petersburg, is located in this county. Next was Hillsborough, where the major city of Tampa is located. The county recorded 472 bicycle accidents, 14 fatalities, and 446 injured cyclists.

Fifth on the list is Palm Beach County, where the popular West Palm Beach can be found. The county recorded 373 accidents, with 12 cyclists killed and 348 injured. If you are residing in any of these counties and get into an accident, you should get a free consultation with bicycle accident attorneys at Jared Spingarn, P.A. Accident Attorneys.

Causes of a Florida Bicycle Accident

What are the most common causes of bicycle accidents? Now that you have seen the numbers, you must know what causes so many bicycle accidents in Florida.

A bicycle accident can lead to serious personal injury. Common causes of bicycle accidents include failure to yield, distracted driving, and negligent behavior of the vehicle driver. Lacking the correct protective gear on the part of the rider can also lead to a bicycle accident.

Causes of a Florida Bicycle Accident

Failure to Yield

Failure to yield is one of the most common causes of a bike accident. Motorists and bicyclists sharing the same lane can result in a bike accident if they don’t follow the road rules.

Failure to yield can happen when a driver makes a turn without checking for other road users. It can also happen when a larger vehicle fails to yield at a stop sign or an intersection, causing it to bump into cyclists.

Careless Driving

Careless driving is often described as crossing the road or swerving. A bike accident can occur when drivers are carelessly swerving through each lane. They can easily lose control of the vehicle, causing them to bump into other vehicles or cyclists.

Rear-ending

Rear-ending is one of the common causes of a bike accident. This happens when the driver is not paying attention to the road and fails to leave a safe distance between his vehicle and the cars or cyclists in front. Rear-ending collisions can cause serious personal injury, and the impact can be fatal if the driver is driving too fast.

Errant Turning

Errant turning is described as motorists failing to check their side mirrors before making a turn. It can also happen when drivers fail to yield at stop signs and carelessly make a turn without checking for oncoming cars or bicycles. Some drivers also miscalculate their turn, causing them to drive into the bike lane and hit the riders.

Dooring

Dooring happens when drivers of a parked car carelessly open their car door without checking for pedestrians or bicycles. This type of accident occurs when drivers suddenly open the door to exit the vehicle, causing the biker to ride straight into the open door. This bike accident can happen on a side street or on narrow roads as drivers usually don’t check for oncoming traffic in these areas.

Driveway Collisions

Bicycling accidents can also happen in a driveway. This type of bike accident can occur when a driver reverses the vehicle without checking if the road is clear. Some drivers do this absentmindedly as they assume it is safe to get out of their own driveway.

However, bicycle riders may not be able to hit their brakes immediately as cars suddenly exit their driveway. Many bicycle accidents occur because of this.

Poor Weather Conditions

Poor weather conditions can lead to a bicycle accident. When there are heavy rains or poor visibility, distracted drivers can easily hit a bicycle rider. This type of bike accident usually occurs at night. This is why cyclists are strongly advised to wear reflective clothing and install bike lights for safety.

Drunk Driving

In all of these cases, drunk driving can be the cause. Drunk drivers cannot react as quickly on the road. They can run a red light, disregard traffic signs, drive on bicycle lanes, and hit obstructions, including bicyclists. In case you are hit by a drunk driver, you should get a free consultation with the law firm of Jared Spingarn so that an experienced bicycle accident attorney can help you take legal action against the party at fault.

Common Bicycle Injuries

The most common bicycle injuries include fractures, soft tissue damage, back pain, neck pain, scratches, bruises, and head injuries. In severe cases, a cyclist can sustain a traumatic brain injury that can lead to paralysis and even death.

Although protective gear can help lessen the impact of a crash, a severe collision will still cause a serious injury. Aside from the physical injury that a biker can sustain, being involved in a bike crash can cause mental and emotional damage.

Common Bicycle Injuries

What should I do after a bike accident?

After a bike accident, you must first check for bodily injuries that you sustained and get the medical attention that you need. Then, you should call the law offices of Jared Spingarn for a knowledgeable personal injury lawyer to help you with the next steps. In Florida, personal injury protection (PIP) insurance coverage should cover your medical expenses and lost wages. To successfully file a claim, you will need to document all the information about the accident, such as the following:

  • Date, time, and location of the accident
  • How the accident occurred (per your recollection)
  • Witness statements and/or police report
  • Photographs or videos of the accident scene
  • Photos of the injuries you sustained as well as the damage to your bike and equipment

Can I take legal action if I am hit by a motor vehicle?

Yes, you can take legal action for damages caused by accident. In this case, you can seek the help of Jared Spingarn, P.A., to file a personal injury claim.

In Florida, many communities have a bike safety plan that can help lessen the occurrence of bike accidents. However, government entities can still be held liable for the accident if it is proven that they failed to properly maintain the roads or bike paths where the accident occurred. In cases of wrongful death, the personal representative of the deceased can file a lawsuit against the driver at fault.

Your personal injury attorney from the Law Offices of Jared Spingarn, P.A. Accident Attorneys, can give you the best advice on how to proceed with legal action. A lawyer from the firm can provide you with a free case review of your accident if you want to sue the driver that hit you.

Contact Jared Spingarn, P.A. to Hire a Bicycle Accident Attorney after an Accident

What causes so many bicycle accidents in Florida? Many factors can contribute to a bicycle accident. The most common causes of bicycle accidents include distracted driving, errant turning, dooring, driveway collisions, weather conditions, and drunk driving.

If you or a loved one has been injured in a bicycle accident caused by another party’s negligence, you may be entitled to compensation for your injuries. A bicycle accident attorney can help you understand your legal options and ensure that your rights are protected. By getting in touch with Jared Spingarn, you can get a free review of your case to get started with the legal process.

>> If you need a reliable bike accident attorney in Florida, reach out to Jared Spingarn, Accident Attorneys Florida Law Firm, at 1-954-781-2316 for a Free Case Review or drop a message on their Contact Us page.

Does Auto Insurance Cover Bicycle Accidents?

Cycling helps the environment by reducing pollution and traffic congestion. It’s also good for your health. In Florida, many people are cycling for their daily exercise and commute. But riding a bike comes with its own set of risks. What happens if you’re hit by a car while biking? Does auto insurance cover bicycle accidents in Florida?

The answer is yes, car insurance should cover your damages. The insurance to be used will depend on who caused the accident. If you get into an accident, be sure to contact a bicycle accident attorney in Florida from Jared Spingarn, P.A. Law Offices, who can help you file an insurance claim or proceed with legal action if necessary. This article provides a closer look at how bicycle accidents are typically handled and what type of coverage you can get to protect yourself in an accident.

Will car insurance cover a bicycle accident?

In Florida, auto or car insurance covers both bicycle and pedestrian accidents. So, does auto insurance cover bicycle accidents in Florida? Yes, it does. If you have auto insurance and get into an accident, you are covered under the PIP coverage that is required by the state. Below are some pertinent details regarding this type of coverage.

Will car insurance cover a bicycle accident

Florida PIP Insurance Requirement

Florida requires all drivers with car insurance to have personal injury protection (PIP) coverage. The state also requires drivers with car insurance to get a property damage liability (PDL) policy to cover property damage. This is mandatory under the 2021 Florida Statutes.

Under this Florida law, PIP insurance is also called no-fault coverage. Florida is a no-fault state. The no-fault insurance system means that regardless of who is at fault in a bicycle accident, your personal injuries will be covered. Thus, auto insurance coverage includes coverage for medical expenses and lost wages of the injured party, regardless of who is considered the at-fault party. As long as you have a policy for your car, you should be automatically covered by PIP.

PIP Coverage for a Bicycle Accident in Florida

In Florida, a standard PIP coverage includes up to 80% of medical bills and 60% of lost wages due to the bicycle accident. The value of the coverage will depend on the coverage limits of the policy. If the damages exceed the amount of coverage, you will need to pay out-of-pocket expenses. You can also get additional coverage to increase the value of the PIP.

It must be noted that PIP is claim-based insurance. You must file a bicycle accident claim with your policy provider within 14 days after the accident happened. A Jared Spingarn attorney can assist you with the next steps.

How much coverage can I get from a personal injury protection policy?

PIP can cover at least $10,000 for medical bills, lost wages, and other injuries sustained in a bicycle accident. This is the minimum amount of coverage, so you can always get a higher policy for more security in case of a crash.

In case you don’t have your own car insurance or bicycle insurance, Florida Statutes states that you are allowed to use a family member’s PIP policy as long as you reside in the same household. However, you cannot use the PIP coverage of the driver that hit you because this type of protection only covers personal injuries.

Policies you could Receive coverage from after a Bicycle Accident

We have already answered the question if auto insurance covers bicycle accidents in Florida. Aside from a standard auto insurance policy, you can also receive coverage from several fault-based policies when you are involved in a bike accident. But if you just have a standard home or renter’s insurance, a bicycle accident will not be covered. The following are the different types of policies that you can receive coverage from.

Policies you could Receive coverage from after a Bicycle Accident

Other Party’s Bodily Injury Liability (BIL) Insurance

If you are involved in a bike crash with a motor vehicle, you can file a claim with the driver’s bodily injury liability coverage as long as you can prove that the other party was at fault. If proven, the other party’s insurance company will be required to pay for your coverage. BIL coverage usually includes injuries, medical expenses, and other damages that are not covered by the standard PIP policy.

In Florida, a BIL policy is not a requirement. But for drivers with such a policy, you can file a fault-based claim for your injuries. You will need to prove that the other driver was at fault to successfully file a claim with the at-fault driver’s insurance. Additionally, you need to prove that you sustained serious bodily injuries in the accident.

Under Florida law for insurance policies, the definition of serious bodily injuries includes significant losses of bodily functions, permanent injuries, permanent disfigurement, and high-risk injuries that may lead to death. To go about this process, it is best to get a free legal consultation with Jared Spingarn, P.A. Accident Attorneys, a Florida law firm with a lot of experience handling bicycle accident cases.

In cases of death from a crash in Florida, the deceased’s personal representative can file a claim or a lawsuit for wrongful death caused by the crash. Although the personal representative is the only authorized person to file the lawsuit, the claim will be paid to all dependents and survivors of the deceased. The law offices of Jared Spingarn have experienced wrongful death attorneys who can help you with this process.

Health Insurance

Does health insurance cover bicycle accidents? Yes, it does. Personal health insurance coverage can help you get the medical attention you need after an accident. The amount of your coverage will be able to pay for your medical expenses, whether or not the other party is at fault. In some cases, your health insurance policy can also cover lost compensation and rehabilitation services.

Uninsured Motorist Coverage (UM)

Uninsured motorist coverage will cover your damages and injuries even if the other party does not have a policy or if they hit and run. This is good coverage to have, especially in a state like Florida, where there are a lot of uninsured drivers on the road and accidents can happen at any time.

If you are involved in a hit-and-run accident, you can claim your UM coverage and also file a case against the at-fault driver in criminal court. Be sure to get the services of a personal injury lawyer from the Law Offices of Jared Spingarn, P.A., for a free consultation and free case review. You will also need a police report to document the accident, as well as witness statements and your own recorded statement of the incident.

Underinsured Motorist Coverage (UIM)

Underinsured motorist coverage is similar to UM coverage, but it applies when the other driver has a car insurance policy, but their coverage is not enough to cover all of your damages and injuries. Both UM and UIM are optional in Florida state law, but it is highly recommended that you get these policies for extra protection. If you don’t have your own coverage, you can use a family member’s policy.

I got hit by a car on my bike. Can I sue?

Yes, you can. If you are hit by a vehicle while riding your bike, you can sue the driver at fault for compensation equivalent to the damages you sustained. You will need to show a validated record of your injuries, including the damages to your bicycle and equipment.

To win your case, you need to prove that the driver was negligent, causing the accident to occur. Even if you filed for an insurance claim, you could still sue the at-fault driver. Get in touch with Jared Spingarn’s law firm to ensure that you acquire the legal services of an experienced personal injury attorney to help you begin the process.

I got hit by a car on my bike. Can I sue

How do I file a bike accident lawsuit?

In Florida, an accident attorney can help you with the process of filing a lawsuit. Your lawyer will get your recorded statement about the incident and file the lawsuit for you.

In some cases, a car vs. bicycle accident settlement can be reached. This happens when the driver’s insurance company agrees to pay you an amount that is fair for your damages and injuries. Your attorney can negotiate on your behalf to get the best settlement possible.

The process of filing an accident lawsuit can be complicated and time-consuming. Thus, it is important to have an experienced lawyer from Jared Spingarn’s firm by your side. Getting in touch with Jared will ensure that you have one of the best accident attorneys handling your case, with thousands of cases of experience under his belt.

What is a third-party claim?

A third-party claim is a claim you file against a party that is not involved in the accident but can be held liable for losses or injuries. A third-party claim is usually filed in civil court. You won’t be able to file a claim in traffic court as these courts usually deal with traffic violations or tickets.

An example of a third-party claim is if you get into an accident in Fort Lauderdale with a driver who is on the clock, you can file a claim against their employer. Your bicycle accident attorney from Jared Spingarn’s law firm will be able to help you seek compensation from a third party.

Conclusion

Does auto insurance cover bicycle accidents in Florida? If you have a car insurance policy, yes, it does. This is because car insurance is required to have PIP coverage that will help you with the costs of medical treatment up to the amount of the coverage. If you don’t have PIP, you can file a claim with the other driver’s BIL insurance, if they have one. You may also opt to file a lawsuit against the party at fault.

Whether you are in Fort Lauderdale, Tampa, Hallandale, Jacksonville, West Palm Beach, and other Florida locations, the Law Offices of Jared Spingarn, P.A. can help you recover compensation for your bicycle accident case. Get a free consultation with Jared’s law firm now.

>> For bicycle accident cases in Florida, don’t hesitate to reach out to Jared Spingarn, Accident Attorney, at 1-954-781-2316 for a Free Case Review or drop a message on their Contact Us page.

Leading Causes Of Accidental Death In USA And Related Laws

In many countries, unintentional accidents are a leading cause of death. Every year, tens of thousands die in preventable injuries and accidents, and many more are seriously injured.

What are the leading causes of accidental death in USA? The most common causes of accidental death include motor vehicle accidents, falls, drowning, poisoning, and fires/burns. There are laws and regulations to help prevent many of these accidents, but unfortunately, they are still quite common. Many accidental deaths are preventable, and some can be categorized as wrongful deaths. In any case, it is important to have an experienced attorney from Jared Spingarn, P.A. Accident Attorneys (if you are in Florida) to help you with filing a claim if your loved one passed away due to accidental or wrongful death.

What is an accidental death?

Accidental death is defined as a death that is the result of an accident or unintentional injuries and is not due to natural causes. In the United States, the number of deaths arising from accidents accounts for about 6% of all deaths each year.

Accidental deaths occur when an individual dies due to an unintentional or unforeseen event. This can include deaths from motor vehicle traffic accidents, falls, unintentional poisoning, and drowning. Bicycle accidents are one type of accident that can lead to accidental death.

Most accidental deaths are preventable deaths, which means that they could have been avoided if different circumstances had been in place. For example, wearing a seatbelt can help prevent deaths from motor vehicle accidents.

Statistics on the Leading Causes of Accidental Death in the US and Florida

Statistics on the Leading Causes of Accidental Death in the US and Florida

Centers for Disease Control and Prevention (CDC) data shows that more than 200,000 people face death due to unintentional injuries. This is the leading cause of death for Americans aged between 1 and 44 years. The top three leading causes of accidental death in the USA are motor vehicle crashes, poisoning, drowning, and falls.

Motor vehicle crashes remain to be the leading cause of death among Americans aged between 5 and 34 years. Forty-three thousand deaths per year occur from car crashes in the US. Out of these, 28% of the total number of deaths are caused by alcohol consumption.

Around 6 million car accidents resulting in property damage and personal injury occur every year in America. If you are based in Florida and happen to encounter an accident, Jared Spingarn’s Personal Injury law firm is always ready to help by offering free consultations.

Unintentional poisoning is the leading cause of death among Americans aged between 35 and 54. This category also covers unintentional drug overdoses. Opioid overdose, also referenced as the opioid crisis, alone took more than 60,000 American lives in 2020. In fact, there are occasions when accidental drug overdose overtakes car accidents as the leading cause of accidental death in the USA.

Drowning is the leading cause of death among children aged between 1 and 4. It is also a leading cause of death due to unintentional injury among adults aged between 55 and 64 years. Around 3,500 deaths per year occur due to drowning in the US.

Falls are the leading cause of injury-related death among adults aged 65. Every year, around 25,000 Americans aged 65 years and older die from falls.

Specifically in Florida, the leading cause of accidental death is motor vehicle accidents. In 2018, there were 2,932 motor vehicle fatalities in Florida. This was a 3% increase from the previous year. The leading causes of these fatalities were speeding (30%), distracted driving (26%), and DUI (24%).

Florida is one of the leading states when it comes to pedestrian fatalities. In 2017, Florida had the second-highest number of pedestrian fatalities in the US. There were 5,233 pedestrian fatalities in the US in 2017, and 783 of those were in Florida. Because of this, the state has multiple regulations related to motor vehicle traffic. The latest safety news generally concerns new legislation surrounding texting and driving as well as hit-and-run accidents.

Bike Accident Statistics

Even though only 1% of all transportation in the United States accounts for bicycle trips, 2% of people who die in a motor vehicle incident are on bicycle trips on the nation’s roads. This makes it an interesting topic to discuss when tackling the leading causes of accidental death in USA. It comprises people riding two-wheel, non-motorized vehicles, as well as tricycles and unicycles operated through pedals. Yearly, 1,000 bicyclists die on US roads, while 130,000 are injured.

Bike Accident Statistics

The Cost Involving Bicycle Accidents

About $23 Billion is the cost of all preventable injuries and deaths involving bicycle accidents that occur in the United States each year. This amount covers the medical needs and loss of work productivity due to the accident.

If the parties involved in the bicycle accident are not in agreement on the amount of compensation, either party may file a lawsuit and ask for damages. If a permanent disability is involved, a party may be compelled by the court to shell out more, especially if the disabled have multiple dependents. The decreased quality of life and lost lives are also factored in computing for the settlements.

Laws on Accidental Death

With the statistics discussed above, the National Safety Council has consistently prioritized safety to address leading causes of accidental death in USA and save lives. But, there are also a number of laws that give survivors the right to sue for damages and pursue punitive actions after the death of a loved one in an accident. These wrongful death laws allow survivors to recover damages for their losses, including the loss of financial support, emotional anguish, the loss of companionship, or other such thing.

In Florida, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. This means that survivors have two years from the date of the accident to file a lawsuit against the responsible party.

Laws on Accidental Death

Murder vs Homicide vs Accidental Death

In the US, the legal distinction between murder and homicide is that homicide is the killing of one person by another, while murder is a type of homicide in which the killing was done unlawfully and with intent.

There are different types of homicide that may be applicable to preventable or unintentional deaths, such as manslaughter, felony murder, and justifiable homicide. These three generally differ in the level of intent or culpability required for a person to be charged with the crime.

Manslaughter

Manslaughter is typically charged when the death was caused by recklessness or criminal negligence rather than intentional murder. There occurred an unlawful killing of another person without a malicious aforethought. This means that the perpetrator has no intent to severely cause injuries to the victims. It is divided into two types: voluntary and involuntary.

Voluntary manslaughter is when the killing is done in the heat of the moment, such as in a fit of rage. An example would be if two people got into a fistfight, and one of them ended up dying as a result. The other person could be charged with voluntary manslaughter.

Involuntary manslaughter, on the other hand, is when the death occurs due to criminal negligence. This means that the perpetrator did not intend to kill the victim, but their actions were so careless that they resulted in death. An example of this would be if a driver was speeding and ended up hitting and killing a pedestrian. Although fatalities from traffic incidents may be viewed as unintentional or accidental deaths, they can indeed result in criminal charges.

Felony murder

Felony murder is a type of murder that occurs when someone kills another person while committing a felony, such as a robbery. Though someone may argue that the death was accidental, the law typically does not view it that way.

Justifiable homicide

Justifiable homicide is when the killing of another person is considered lawful, such as in self-defense or defense of others. To prove this, one would need to show that the killing was necessary to prevent an imminent threat of death or serious bodily harm.

The Bottom Line: Where to seek help?

Motor vehicle and drug overdose are the leading causes of accidental death in USA. Although unintentional injury-related death is generally not a crime, laws have been created to protect the survivors of the victim. These laws allow them to file for a lawsuit to receive compensation for their damages, including the loss of financial support, emotional anguish, and the loss of companionship.

Furthermore, there are laws that make it easier to criminally charge someone if the death was caused by negligence, such as vehicular homicide. It is important to know the difference between these types of homicide so that you can determine what type of legal action can be taken.

If you have lost a loved one in an accident and are not sure what to do next, you may want to get a free consultation with a wrongful death attorney at the law offices of Jared Spingarn, P.A. A knowledgeable lawyer can help you understand the applicable laws and whether you have a case. If you do have a case, your attorney can also help you navigate the legal process and protect your rights.

>> If you’re involved in an accident in Florida, reach out to Jared Spingarn, Accident Attorney, at 1-954-781-2316 for a Free Case Review or drop a message on the Contact Us page.