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.
At Feingold, Posner & Draizin, 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 Feingold, Posner & Draizin 24/7.
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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.
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.
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.
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.
