West Palm Beach Bicycle Accident Lawyer
As a cyclist in West Palm Beach, you understand the unique freedom and joy that comes from riding. You also understand the significant risks. While you take every precaution to stay safe, you are incredibly vulnerable to the actions of careless and distracted motor vehicle drivers who fail to share the road safely. When a driver’s negligence leads to a crash, the consequences for the cyclist are often devastating.
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At Ace Your Case, we are dedicated advocates for injured cyclists. We understand the specific challenges you face, both on the road and in the legal system. As your West Palm Beach bicycle accident lawyer, we will be your protector and your fighter, ensuring your rights are upheld and you receive the full compensation you need to recover.
Hurt in a Bicycle Crash? Call Ace Your Case 24/7.
Protecting Cyclists' Rights on Florida Roads
One of the biggest hurdles for cyclists is simply being respected on the road. It is crucial to know that under Florida law, a bicycle is legally defined as a vehicle. This means you have the same rights and responsibilities as any other driver.
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Motorists are legally required to:
- Yield the right-of-way to cyclists just as they would to other cars.
- Provide at least three feet of space when passing a cyclist.
- Check their blind spots for bicycles before turning or changing lanes.
- Look for cyclists before opening their car doors into a bike lane or traffic.
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Unfortunately, drivers often violate these laws, leading to serious accidents. Our job is to use the law to hold these negligent drivers accountable.
Dealing with Unfair Driver and Insurance Bias
An unfortunate reality for injured cyclists is that they often face an immediate, unfair bias from police and insurance companies. Adjusters may try to argue that the cyclist was hard to see, was in the wrong part of the road, or was somehow at fault for the crash, even when the evidence shows otherwise.
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We aggressively combat this bias from day one. As your bicycle crash attorney in West Palm Beach, we will:
- Conduct an Independent Investigation: We do not rely solely on a potentially biased police report. We gather our own evidence, including witness statements, photos, and surveillance video.
- Work with Accident Reconstruction Experts: If necessary, we will hire experts to scientifically reconstruct the crash and prove the motorist was at fault.
- Highlight the Driver’s Negligence: We build a powerful case that focuses on the driver’s actions—were they speeding, texting, or failing to yield?—to dismantle any attempt to unfairly blame you.
Special Damages in Bike Accident Cases
We understand that the losses in a bicycle accident claim go beyond typical damages. We fight for compensation that covers the unique costs cyclists face, including:
Full Medical and Rehabilitation Costs
Cycling injuries are often severe and can include road rash, complex fractures, and traumatic brain injuries. We fight for compensation for all medical care, including future surgeries and long-term physical therapy.Replacement of Your High-End Bicycle and Gear
A serious cyclist’s bike is not a toy; it is a significant investment, often worth thousands of dollars. We will fight to ensure you are compensated for the full replacement value of your high-end bicycle, helmet, custom gear, and any other damaged equipment.Lost Wages and Future Earnings
Serious injuries often require a long time away from work. We will help you recover all of your lost wages and, if your injuries impact your ability to do your job in the future, we will fight for compensation for your diminished earning capacity.
Frequently Asked Questions
What if I wasn't wearing a helmet when I was hit?
While strongly recommended for safety, not wearing a helmet does not prevent you from filing a claim. The driver who hit you is still liable for their negligence. The insurance company may try to argue your head injuries would be less severe, but we can fight that argument.
Do I use my own auto insurance after a bike accident?
Yes. In Florida, your own Personal Injury Protection (PIP) coverage from your auto insurance policy is the primary source for your initial medical bills, even though you were on your bike. If you do not own a car, you may be able to use the at-fault driver’s PIP. An experienced bike accident lawyer in Palm Beach County can help you navigate this complex insurance issue.
What if a car forced me to crash but never actually made contact?
You may still have a valid claim. If a driver’s negligent action, such as cutting you off, forced you to swerve and crash to avoid a collision, they can still be held legally responsible for your injuries. These are known as “no-contact” accidents.
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Plantation Personal Injury FAQs
When Is It the Right Time to Call a Personal Injury Lawyer?
The right time to call is as soon as possible after your accident. There are many reasons why you need to begin the legal process as quickly as you can. The legal process may even begin without you, with many calls from the insurance company trying to either rush you or to pressure you to give a statement. They may try to catch you unaware and trick you into compromising your legal rights. Hiring an attorney could prevent this from happening.
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Equally important, as time passes from the time of your accident, the evidence that could help your claim can become harder to find. People might quickly clear the scene of the accident, and you may lose the ability to contact witnesses. The witnesses that you have may begin to lose their recollection of what they saw. When you hire a personal injury lawyer, they will get to work immediately to gather the evidence before it is lost.
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Calling a lawyer to get started on your case is a crucial step in the legal process. Knowing that you have someone on the job with the experience and tenacity to fight for you can give you at least some peace of mind during an undoubtedly difficult time.
How Do Insurance Settlement Negotiations Work?
An insurance claim is just like any other negotiation. You have a number in mind for what you think that you should receive for your injuries, and the insurance company has a much lower number in mind for what it wants to pay. Your insurance claim begins when your Plantation personal injury attorney files a demand letter with the insurance company. This is when the adjuster goes to work to try to save money for their bosses.
The insurance adjuster may outright deny your claim or question liability. They may come back with a settlement offer. When the number seems low, and it will, know that this is just their opening offer. Your Plantation injury attorney will likely reject the offer and respond with your own demand.
Eventually, you will lower your number, and the insurance company will raise theirs, and you could meet somewhere in the middle. This is a time-honored dance that personal injury lawyers have been doing with insurance companies since the advent of courtrooms. Even when you seem very far apart from the insurance company, most cases eventually will settle.
What Happens After I File a Personal Injury Lawsuit?
Filing a personal injury lawsuit is an early part of the claim process. Most cases will never go far enough to see the inside of a courtroom. Statistically speaking, a vast majority of personal injury cases are settled out of court. However, if your case does make it to court, you should expect going into it that the trial process may take one to two years to complete. The legal system is far from rushed, as courts and judges have busy schedules and full dockets.
In the short term, you can expect motions and attempts to obtain evidence. Many people associate a lawsuit with a trial, but that only happens after many months of the nuts and bolts of the legal system. The phase of your case that will take the longest time is discovery. This is when the two sides obtain evidence that the other has in their possession. At this point, you may even need to sit for a deposition.
Filing a lawsuit will not cut off settlement negotiations. As was previously mentioned, most cases will settle without a trial. If anything, litigation may give each side more incentive to settle. The two parties usually continue negotiating right up until the point when the jury is seated.
What Evidence Can Prove My Injury Claim?
Negligence is the basis of every personal injury claim. When you file a lawsuit in court, you have the burden of proof. It will be up to you to show that what you say is more likely than not to have happened. You need to back your claim up with evidence.
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Your Plantation personal injury lawyer will work to gather things that can backup your side of the story, including:
— Witness statements from people who say your injury or accident
— Pictures of the scene of your accident
— Security camera footage
— Expert witness testimony that could reconstruct the accident
— Maintenance logs of the area or vehicle involved
— Medical records that can help prove damages
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These are things that can be difficult to get on your own and piece together to tell the story of what happened. Injury lawyers in Plantation, Florida, know how to both get the evidence and use it to prove that someone else was responsible for your accident.
What if I Cannot Work Due to My Injuries?
Your personal injury damages include both economic and non-economic compensation. Economic compensation aims to pay you back for the actual money that you lost. This includes bills that you paid and earnings you lost. This specifically pays you back for lost wages from your job when you are unable to work. Since you would have worked, this is money out of your pocket.
Lost wages in a personal injury settlement are much broader than you think. Of course, this includes the time that you have already missed from work. It also encompasses time that you will miss from work in the future. You do not need to outright miss work to receive compensation for this. For example, if you were qualified for a promotion but cannot get it now because your injury limits you in the type of work that you can do, you can get compensation for the reduction in your earning capacity.
Lost wages are often a very contested part of your personal injury claim because you can bet that the insurance company will see things differently to try to lower its bill. They may dispute what your possible earnings are or use a lower rate of inflation to calculate what they may be in the future.
Hear It From Our Clients
“Ace Your Case Excellent Attorneys”
Personal injury attorneys Craig Posner and Eric Feingold are both excellent attorneys, but more importantly, they are excellent people. I have seen first hand their hard work and dedication to clients. I would not hesitate to recommend their services to others.
“Great Guys Who Take Their Job Seriously”
Great guys who take their job seriously. They took care of me when I had my accident and made sure I was walked through 100% of the way.
“Pleasure And Blessing To Have Ace Your Case Represent My Family”
It has been a pleasure and blessing to have Ace Your Case represent my family. They always kept me updated on our case. The staff was excellent they always got back to me on questions I had. I highly recommend them and will continue to use them if needed.
“Not Only Very Efficient But Caring As Well”
These lawyers are not only very efficient, but caring as well. I would not hesitate to refer them to anyone.
“I Highly Recommend Them!”
Big thanks to Eric and Doug for doing a great job with the handling of my auto accident. I highly recommend them!
