Category: Bicycle Accidents

Bicycling is a great way to get exercise, save money on gas, and help the environment. However, cyclists need to be aware of the risks involved in riding a bike. What happens if you’re involved in a bicycle accident? Do cyclists need insurance? Does home insurance cover bicycle accidents in Florida?

Simply put, standard homeowner’s insurance plans won’t cover a bicycle accident. But there are other types of coverage as well as add-ons that can cover a bike accident. In this article, we will discuss what homeowner’s insurance covers and what type of policies cyclists should consider getting.

Aside from having an insurance policy, Florida bicyclists should also seek a free consultation with a bicycle accident attorney from Jared Spingarn, Accident Attorney and his associates when they get into an accident. It is best to cover all bases to ensure your protection and help you recover losses after an accident.

What does homeowner’s insurance cover?

Homeowner’s insurance covers the home and its contents. A standard policy usually has property damage coverage to the home and other structures such as fences. However, damage caused by Acts of God like floods and earthquakes may not be included in the coverage but can be covered as an optional add-on.

These policies also cover theft or damage to personal belongings or the contents of the home and personal liability for accidents that happen on the property. A standard policy will cover the following:

• Property damage from fire or smoke
• Damage to objects outside of the house but within the property, such as fences, sheds, garages, and similar structures
• Damage caused by extreme weather conditions such as hail, winds, typhoons, and lightning
• Vandalism
• Theft of items, the value of which will depend on the policy limits
• Personal liability for injuries that occur on your property

These are the things that a standard homeowner’s insurance plan will cover. You can purchase a rider or an umbrella insurance policy to get higher coverage. As you can see, bicycle accidents are not part of the standard coverage of a homeowner’s insurance. To answer the question, “Does home insurance cover bicycle accidents in Florida?” – a standard policy will not cover it.

What type of insurance should cyclists get?

The majority of homeowners have insurance to cover repairs or replacement of the home in case of property damage. For cyclists, this type of policy can offer coverage for the theft of the bike if it is listed as an item of value and if is within the coverage amount when purchasing the said policy. However, bicycle accidents are a different story.

Is bicycle insurance necessary? Yes, it is. The high number of bicycle accident cases in Florida continues to make a case in support of bicycle insurance. It is similar to homeowner’s insurance, except that it is specifically purchased for bicycles.

It is recommended to get bike insurance as this will protect you and your bike in case of an accident. Below are the different types of coverage that can be included in a bicycle insurance plan for stackable coverage. These types of coverage can also be purchased as add-ons or riders to an existing home or auto insurance policy – but this will depend on the company. Make sure to ask your insurance agent about these types of plans.

Keep in mind that purchasing an insurance policy is just one step in ensuring your protection when you get into an accident. Bicycle accidents happen frequently in Florida and can result in serious injuries to the bicycle rider. Experienced personal injury attorneys from Jared Spingarn, P.A. Accident Attorneys can help you recover compensation after an accident.

 

Different Types of Insurance Coverage for Bicycle Accidents

Does home insurance cover bicycle accidents in Florida? As mentioned, standard policies aren’t enough to protect you and your bicycle in case of an accident. So, do cyclists need to get additional insurance to cover them in case a crash occurred?

The simple answer is yes, cyclists do need additional insurance policies. Just like any other mode of transportation, there is always the risk of a bicycle accident occurring. Cyclists can collide with a motor vehicle or get injured in a crash. If a cyclist is involved in an accident, they could be held liable for damages.

Personal Injury Protection Insurance

PIP insurance policies cover medical bills, lost wages, and injuries caused by a bicycle accident. In Florida, all motor vehicle drivers are required to carry PIP insurance at all times. This means that if you have PIP coverage, you are covered even while riding your bike.

However, PIP coverage may not be enough to cover the whole extent of your medical bills and lost wages. Thus, combining PIP with private health insurance is a great way to ensure maximum coverage.

PIP is also known as no-fault insurance. No-fault benefits mean you can enjoy medical coverage regardless of who caused the accident. A no-fault benefit will cover your medical expenses due to personal injury.

Collision and Liability Insurance

Collision and liability insurance is important if you find yourself in a bike crash. Collision insurance will help you pay for damages to your car or bicycle. You can easily file a claim as long as you can prove that a collision occurred when you were out for a bike ride.

Liability insurance covers damages that you caused. A claim usually involves property damage – in simple terms, you caused the damage when you were out for a ride. The main difference is that the injured party’s insurance company usually covers their own collision insurance; while the other party’s insurance company will cover the damage in liability coverage.

Health Insurance

Health insurance covers medical costs and is a necessity for anyone, whether you are driving a car or riding a bicycle. It will cover the costs of hospitalization, surgery, and other medical treatment due to injuries sustained in an accident.

There are different types of healthcare plans available. You can get coverage from your employer or purchase your own policy. You can also get a policy through the government’s marketplace. In most cases, you will be required to pay a deductible before the policy covers your medical bills.

The best way to ensure that you are covered in case of an accident is to have a combination of different types of insurance. This will give you peace of mind knowing that you and your belongings are protected.

Uninsured Motorist Coverage

Uninsured motorist coverage or UM insurance is also important to have. It will cover you in case you are involved in an accident with an uninsured driver. UM coverage will also cover you if you are injured by a hit-and-run driver. This type of insurance is not required in Florida, but it is a good idea to have this type of coverage to protect yourself.

When can I use my insurance?

The different types of insurance offer distinct types of coverage. The best way to ensure that you have enough coverage in case of a bicycle crash is to get a comprehensive plan that will cover all the bases.

It is also advised to seek legal assistance from a bike accident lawyer from the law firm of Jared Spingarn, P.A. who can help you when you get into an accident. Often, insurance adjusters will try to lowball you when filing an insurance claim. A knowledgeable personal injury attorney from the firm can help you file an insurance claim or a lawsuit if necessary. Here are some situations that you may find yourself in.

 

Situation A: I was rear-ended by a car and the driver refuses to take responsibility for the crash.

If you find yourself at a traffic stop and are suddenly hit by a car, the driver of the motor vehicle is at fault. In most cases, your PIP coverage is a saving grace for the medical bills that will surely pile up. If the driver’s insurance does not cover bodily injury or the driver refuses to pay, get in touch with Jared Spingarn, a reputable Florida bicycle accident attorney who can advise you on the best course of action to take if you find yourself in this situation.

Situation B: While out riding my bike, I accidentally bumped and damaged the neighbor’s fence.

If you are the one who caused the damage, your liability and collision policies can save you all the financial and mental anguish of paying for the property you damaged. Make sure to get the contact details of the property owner and file a claim immediately.

Situation C: I was riding in the bike lane when a motorcycle cut me off, causing personal injury and bike damage. The car had no insurance.

In this case, a UM policy can help you get the needed medical attention. Many cyclists encounter this type of vehicle crash, and UM coverage has helped pay for medical expenses when the motor vehicle’s driver does not have their own policy.

I’ve been in a bicycle accident, can the law offices of Jared Spingarn, P.A. assist me?

In all of the situations mentioned, you have the option to take legal action even if you already filed a claim. Before riding, make sure that you are covered by personal injury protection, even if you don’t have a motor vehicle. In case of a crash, you may need to pay a minimal amount depending on the policy that you have. Some policies require you to pay a deductible amount upfront.

Florida’s PIP law requires motor vehicle owners to have a policy that will cover a minimum of $10,000 in medical costs. But what if you don’t have PIP coverage and the costs exceed the amount of coverage?

In these cases, you can seek compensation from the party at-fault through legal action. Get in touch with the law offices of Jared Spingarn, P.A. immediately to get a free consultation with a bicycle accident lawyer who is an expert in injury law. The lawyer who will be assigned to your case can give you the best advice on the fair compensation you deserve. You also have the option to sue the other party for the pain and suffering caused by the accident.

Conclusion

Going on a bike ride can improve physical and mental health, but one ride can also cause accidents with motor vehicles that lead to severe injuries. As a cyclist, you should be sure to protect yourself in case of an accident.

Does home insurance cover bicycle accidents in Florida? While this type of insurance may include bike theft, it will not cover a bike accident. It is still best to get a policy with PIP and UM coverage. It is also recommended to immediately consult with a bicycle accident attorney from the law firm of Jared Spingarn to help you file an insurance claim and/or a lawsuit against the other party.

Bicycle insurance can help you easily recover from an accident. Keep in mind that although insurance will help you recover, you can take several steps to avoid getting into an accident such as obeying road rules, wearing the correct protective gear, and staying alert while riding.

>> 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.

Bicycle riding is a great way to get exercise and enjoy the outdoors, but it can be dangerous. According to the latest data from the National Highway Traffic Safety Administration (NHTSA), over 49,000 people sustained injuries from a bike accident in the United States in 2019.

If you are injured in a bike accident, it is important to know your rights, contact the Law Offices of Jared Spingarn to hire a bike accident attorney in Florida. This article will discuss how common a bike accident is and what you should do if you are involved in one.

Bike Accident Statistics in the USA

How common are bicycle accidents? The National Highway Traffic Safety Administration keeps track of all motor vehicle crash reports in the United States. The latest report from the NHTSA was published in 2019. It reported a total of 49,000 injuries and 846 fatalities, all caused by bike accidents.

The risk of getting into a bicycle accident is higher in urban areas compared to rural areas. Bicycle accidents in urban areas accounted for approximately 78% of all crashes reported in 2019.  Furthermore, the data showed that male riders were six times more likely to be killed in a bike accident compared to female bike riders.

The NHTSA report states that bicyclists aged 55 to 59 years recorded the highest number of fatalities. Comparatively, bicycle riders between the ages of 15 to 24 recorded the highest injury rate in the country.

Additionally, 34% of all bike accidents involved alcohol consumption. This means that either the cyclist or the motor vehicle driver consumed alcohol before driving. Of the total number of fatalities, 25% of riders exceeded the blood alcohol concentration limits.

Florida Bicycle Accident Statistics

The State of Florida recorded the highest number of fatalities in 2019 at 156 out of a total of 6,664 bicyclists. A Florida bicycle accident accounts for 0.75 deaths per 100,000 residents. Also in 2019, Jacksonville had the second-highest number of fatalities among big cities in the whole country. The city recorded a rate of 0.99 bicyclist fatalities per 100,000 people.

A Florida bike accident is very common due to the high resident and tourist population of the state. The good news is that if you need a bike accident lawyer, Jared Spingarn, P.A. Accident Attorneys can provide free consultations for your case.

Bike crashes can cause severe personal injury and victims of a Florida bike accident are often burdened with high medical bills. Thus, seeking advice from Jared Spingarn’s law firm which has several Florida bike accident lawyers is a good way to get a free case evaluation. They can help you file a personal injury claim when you get into a bicycle accident.

Where and when does a bicycle accident often occur?

A glaring statistic presented by the NHTSA is the location of a bicycle accident. Of the total number of bicycle accident fatalities, 64% happened on the road but not at an intersection, while 27% occurred in an intersection. The remaining number of fatalities happened in parking areas, bicycle lanes, driveways, shoulder lanes, and sidewalks.

Most bike accidents happen on weekdays, early in the morning or late at night. Weekdays account for 66% of all bicycle accidents that led to death. From 3:00 to 6:00 pm, 19% of bicycle accident fatalities were recorded on weekdays. While on weekends, the timeslot from 6:00 to 9:00 in the evening recorded 30% of all bike accident fatalities.

Common Causes of a Bicycle Accident

All road users are mandated to follow road rules for highway safety. There are designated bike lanes for cyclists and roads for cars. The most common bike accidents happen due to a failure to abide by the rules – resulting in severe injuries and lost wages on the part of the victim.

The NHTSA conducted a National Survey of Bicyclist and Pedestrian Attitudes and Behavior which included the most common causes of Florida bicycle accidents. The results show that 29% of bicycle riders sustained injuries because of a car accident – they were hit by a moving vehicle. The following factors contribute to the number of collisions between motor vehicles and bicycles in Florida.

1. Non-compliance with traffic laws

A bike crash or car crash can happen because drivers, bike riders, or pedestrians are not familiar with the road rules. Florida bicycle accidents also occur with improper use of the road. This can lead to catastrophic injuries on the part of the bicycle crash victims. Failure to abide by traffic signs, driving on the wrong side of the road, riding outside of a bike lane, and driving while under the influence of alcohol or illicit drugs all contribute to Florida bicyclists sustaining fatal injuries.

2. Errant turning

Another major cause of bicycle crashes is errant turning. This type of accident occurs when motor vehicle drivers turn left or right without checking for vehicles or bicycles that are on the road. This results in the driver of the vehicle cutting off the bicyclist, causing a crash. In these types of bike accident cases, a bike accident attorney from the Jared Spingarn Florida law office can provide free legal consultation to help injured riders.

3. Backing out

Backing out of a driveway or parking spot is another common cause of bicycle accidents. When other drivers fail to check the vicinity for motorists, bicyclists, or pedestrians, it can cause a collision. Obstructions to the driver’s view can lead to difficulty in seeing the oncoming bicycle rider. When riding at a moderate speed, the bicyclist may not have time to stop when a car suddenly backs out of a parking slot, resulting in a collision with the tail-end of the vehicle.

4. Rear-ending

Rear-ending can cause a bicycle accident when other motor vehicles fail to stop in time due to distracted driving or other reasons, causing them to crash into the back wheel of the bicycle. This type of collision often occurs when the driver is not paying attention, fails to leave enough space for stopping the vehicle, or is intoxicated which can cause response delay. Bicyclists who are not wearing reflective gear at night are more susceptible to rear-end collisions.

5. Dooring

Dooring collisions are less deadly than rear-end collisions but are still likely to result in injuries to the bicyclist. Dooring happens when the driver or passenger of a vehicle suddenly opens the door of the vehicle. This obstructs the path of an oncoming bicyclist, causing a collision with the door. Dooring collisions are caused by the lack of attention of the vehicle’s occupants as they fail to check the side mirrors before exiting the vehicle.

Common Injuries from Bicycle Accidents

A bicycle accident can cause serious injuries and can lead to a traumatic brain injury. According to the NHTSA, soft-tissue injuries and fractures are the most common injuries sustained from a bike crash. While some bikers are agile enough to position their body when falling off a bike (resulting in a broken bone, at best), serious injuries cannot be avoided in major crashes.

Injuries to the head or spinal cord are the most serious as these can lead to a lifetime of assisted living. Other common bike accident injuries that can be sustained from a Florida bicycle accident are the following:

• Scratches and bruises
• Back injuries
• Fractures (wrist, elbow, leg, skull)
• Facial injuries
• Dental injuries
• Paralysis

In some cases, injuries sustained from a Florida bike crash are not immediately apparent. You may be fine right after the crash but feel the extent of your injury a few hours after. Thus, it is best to seek advice from a bike crash attorney in Florida when you get into an accident. The law firm of Jared Spingarn P.A. has several Florida bicycle accident attorneys who can help you file a bicycle accident claim and hold the driver of the vehicle liable for your injuries.

What to do after a bike accident?

As an accident victim, you will be needing help to file a lawsuit. Contact the Law Offices of Jared Spingarn, P.A. to get a bicycle accident lawyer who can do this process for you. But as you were present during the traffic accident, you need to make sure to get pertinent details that will help with your case, such as the following:

• Damage to your bike and equipment
• Medical records of your injuries
• Police reports and witness statements
• Other driver’s personal, vehicle, and insurance details
• Pictures of your bike, equipment, and injuries
• Pictures of the accident scene

When should you file a bike accident lawsuit?

After receiving medical attention and collecting all important evidence, you must be sure to call your insurance agent and call the offices of Jared Spingarn, P.A. for a Florida bike accident attorney right after. It is important to contact Jared for a bike accident lawyer right after the accident to ensure that you are well-protected every step of the way. Even if you are the driver of the motor vehicle, you should get legal assistance so you will be properly advised on how to proceed after the accident.

Often, motor vehicle accidents are settled through insurance. Under the PIP Florida law, all motor vehicle owners are required to have personal injury protection coverage. Florida bikers who also own motor vehicles will be covered by PIP even while riding a bike. This is because PIP will travel with the person insured, regardless of the vehicle that you are driving at the time of the accident.

In case you don’t have PIP, the insurance of the driver at fault must cover the damages as well as the medical bills of the bicyclists injured. However, this type of insurance is called bodily liability insurance – which is not required for motor vehicle owners in Florida.

If your insurance claim goes nowhere, you can opt to take legal action and file a bicycle lawsuit instead. A lawsuit for a bike accident is a civil case that is usually filed in the small claims court. In Florida, the small claims court can settle disputes up to $8,000. If the dispute goes above that amount, it will become a large claim.

When filing a lawsuit, it needs to be established that the driver of the other vehicle was negligent, the accident happened due to this negligence, and you sustained injuries because of this negligence. Under the Florida Statues 768.81, the court handling the case can decide on a percentage of fault of each party. This means that both the bicycle rider and the driver can be found at fault for the accident, and the damages are apportioned according to this percentage.

I was in a bike accident three years ago but my injuries won’t go away. Can I still file a lawsuit?

Yes, you can. In Florida, the statute of limitations after an accident is at four years. This means that you can still file a lawsuit up to four years after the accident occurred. Make sure that you have all the details necessary, as well as updated medical records of your injuries.

What if I was a victim of a hit-and-run?

Leaving the scene of the accident is a crime in Florida. Depending on the severity of the damage, it can be classified as either a felony or a misdemeanor. If convicted, the defendant will have his driver’s license revoked for a minimum of three years. Jared Spingarn, P.A. can advise you on the best course of action you can take.

If the car accident resulted in death, it is considered a first-degree felony. The driver at fault can spend a maximum of 30 years in prison plus a fine of $10,000. If it resulted in serious bodily injuries, it is a second-degree felony and the defendant can face 15 years in prison or probation, plus a maximum fine of $10,000. Serious bodily injuries are defined as high-risk injuries that may lead to death, disfigurement, and impairment or loss of function.

For crashes that resulted in bodily injuries, it is a third-degree felony. The defendant can face up to 5 years of either probation or prison time, plus a $5,000 fine. Property damage is classified as a second-degree misdemeanor. The defendant will face up to 60 days of jail time with a $500 fine.

How to Choose the Right Bike Accident Lawyer in Florida

In most cases, when a motorized vehicle bumps a bicycle, the bicycle accident victims are the ones left with serious injuries even when wearing bicycle helmets. A Florida bike accident can lead to a bicycle accident lawsuit. In Florida, bicycle riders are treated as drivers and have the same responsibilities as motor vehicles when it comes to sharing the road. Both Florida cyclists and motor vehicle drivers are advised to seek help from Jared Spingarn and his team of Florida bike accident attorneys who are experienced in Florida bike accidents, Florida bicycle laws, and personal injury laws.

Florida-based Jared Spingarn, P.A., and his associates can offer a free consultation. If you have been in a bike crash whether as a bicycle rider or motor vehicle driver, make sure to immediately consult Jared Spingarn’s law firm with the best bike accident attorney (Florida) to help you with the legal process. They will connect you with the best personal injury lawyers from Jared Spingarn’s Law Offices in Florida specializing in bike accidents

Nowadays, you can easily get in touch with a Florida bike accident lawyer from Jared Spingarn’s firm online through their website. Going through the legal process is the best way to help you recover compensation from the accident.

Contact the Law Offices of Jared Spingarn for a Free Consultation

A bicycle accident can result in traumatic brain injuries, broken bones, wrongful death, high medical bills, and lost wages for the injured person. Aside from sustaining a personal injury, cyclists and motorists can become traumatized for life after an accident.

If you are involved in a Florida bicycle accident, it is advised to seek help from Florida bicycle accident attorneys from the Law offices of Jared Spingarn. A Florida bicycle accident lawyer from Jared’s law firm will work with you to provide assistance from the time of the bike crash up to filing a Florida bike accident claim. These bike accident lawyers are experienced when it comes to filing a personal injury and bicycle accident lawsuit.

Whether you are in Jacksonville, Hallandale Beach, Tampa, or Fort Lauderdale, once you are involved in a Florida bicycle accident, call Jared for a free consultation. Both bicycle riders and motorists are protected under Florida laws, so it is best to consult with an expert accident attorney if you are involved in a bicycle-motor vehicle 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.