Bike Accident Attorney in Miami
Bike Accident Attorney in Miami
June 16, 2020 admin

Bike Accident Attorney in Miami

Injuries, Causes, and Liability Explained by Our Bike Accident Attorney

While most people may think of auto accidents as between other motor vehicles, many auto accidents also involve bicyclists. Bike accidents are common in Florida and can result in serious personal injuries. This is because cyclists are not protected by any airbag, seat belt, or even the walls of a motor vehicle which makes them prone to catastrophic injuries such as traumatic brain injuries (TBIs), spinal cord injuries (SCI), amputations, broken bones, and other serious damages. Victims and their families should contact a bike accident attorney in Miami because they may be entitled to damages such as pain and suffering, lost wages, lost future earnings, medical bills, property damage, loss of consortium, and other similar damages.

Bike accidents also could cause fatal damages. Our attorney at Schlacter Law knows this is also a big problem in Florida. According to National Highway Traffic Safety Administration statistics, Florida had the most fatal bicycle accidents out of any state in the United States [1] . Families that lose a loved one in a bicycle accident should call a bike attorney law firm because they may have rights to protect for the wrongful death of a loved one. This includes seeking compensation for burial costs, funeral expenses, lost income, loss of affection, the pain and suffering of a loved one, possible punitive damages (rare in cases), and other damages. Any fatal accident should be reviewed and handled by a qualified attorney.

Common Causes of Bike Accidents

Most bicyclist accidents are caused by reckless or downright negligence conduct of another motorist. If a motorist were to exercise the degree of care required under Florida law, most bike injury accidents would not occur. But unfortunately, far too many motorists cause needless harm to innocent people.

There are four general common causes of bike accidents in Miami that all cyclists should be aware of to 1) avoid these potential hazards, and 2) to recognize when their rights are violated. These are the following:

  1. Being “Doored” – One of the biggest threats to cyclists, especially in major cities like Miami, is to have a motorist or passenger open up a vehicle door right when the bicyclist is passing. This can be like hitting a solid wall and result in significant damages, especially broken bones, brain injuries, or spinal damage. If you have been doored, get an attorney
  2. Tight Turns In Front Of a Biker – Like being doored, when a motorist makes a turn in front of a cyclist it can result in the cyclists broadsiding the vehicle. Whether it was a right turn or an improper left turn, have an attorney look at the facts to determine who had the right-of-way. In most instances, the bicycle rider has the right-of-way, especially if the vehicle made a left turn in front of the bike
  3. Rear-end Collisions – Many motorists have a difficult time gauging the distance between a bicycle and a motor vehicle. This is particularly true during the dust hours and when traffic is more significant. A bicycle rider who is rear-ended is often going to have significant personal injuries and should always consult with an attorney because liability is usually established by the violation of Florida vehicle and traffic laws governing following too closely
  4. Sideswiped – Far too many motorists fail to give a bicycle rider the appropriate clearance as they attempt to pass. It is common for a bicycle rider to be sideswiped and pushed off the roadway into the curb and whatever hazards exist beyond the shoulder

Injuries Caused by Bike Accidents in Miami

Since cyclists do not have the same protections as other motorists on the roads, cyclists are frequently catastrophically injured in cycling accidents. Many times these injuries are debilitating and permanent. Most victims of a bike crash need immediate medical care and attention, including emergency surgery or procedures to save life or limb. Some of the most common injuries our bike accident attorney can help a victim include the following:

  • Traumatic brain injuries (TBIs) – even if wearing a helmet, catastrophic head and brain injuries are common in any type of bicycle accident. Victims and their families should always call an attorney for help whenever their head or brain suffers any time of injury, even a mild concussion because the long-term ramifications could be significant
  • Spinal cord injuries (SCI) – cyclists are in a vulnerable position for spinal cord damage because they are hunched over and up high on the bicycle. When a vehicle rear-ends a cyclist, whiplash injuries are likely going to cause significant trauma to the back discs and spine. Paralysis is also common and should also be handled by an attorney if a victim has paraplegia or quadriplegia after a bike accident
  • Amputations and Loss of a Limb – without any other protections, a cyclist injured in a Miami bike accident could suffer irreparable damage to limbs. Many attorneys know that bike crashes result in the amputation of feet below the knee, feet, or hands
  • Broken bones – all fractured bones are painful, but bicyclists are likely to suffer breaks in multiple places or compound fractures which pierce the skin. Victims of bike accidents who have had any painful hardware used to repair damage should get a bike accident attorney because it is likely the painful hardware may need to be adjusted or removed in the future
  • Organ damage – liver lacerations and lung contusions are common bicycle accident injuries that could have permanent consequences for a victim
  • Significant disfigurement – most cyclists are not wearing the same protective clothing that motorcyclists wear like thick leather jackets or full helmets. Rather, most cyclists are in athletic clothing which does little to protect against road rash and the impact from a motor vehicle. Bike wrecks frequently result in significant disfigurement and scarring to cyclists due to these factors
  • Nerve injuries – nerve injuries to the cranial nerves of the face or the brachial plexus in the neck and shoulder are common. This is particularly true because cyclists will instinctively reach out their arm to help brace a fall that could tear or rupture the brachial plexus nerves
  • Other serious injuries – any injury caused by a Miami bike accident should be reviewed by our bicycle injury attorney

Wrongful Death from Florida Crashes

Any motor vehicle accident could result in the wrongful death of an innocent person. This is especially true in a bicycle accident. Florida leads the country in fatal bicycle wrecks, making our roads particularly deadly. When the unexpected loss of a loved one hits a family, there could be devastating and debilitating physical, emotional, and financial burdens. Florida law acknowledges that and allows families to step into the shoes of their lost loved one to commence an action against a negligent driver.  

Anyone who has lost a loved one in a fatal bicycle accident should ask an attorney to seek compensation for them. Families may be entitled to the following damages:

  • Conscious pain and suffering that a loved one endured from the moment of injury to the wrongful death
  • Pre-impact terror from when there was acknowledge of a deadly threat to the moment of impact
  • Burial costs
  • Lost income from the loved one that the family depended on
  • Funeral expenses
  • Medical bills
  • Property damage
  • Loss of affection and relationship time with your loved one
  • Punitive damages in egregious cases
  • Other damages caused by the wreck

Retain Schlacter Law as Your Bike Accident Attorney in Miami

There is no risk of hiring a personal injury attorney in Florida because bike attorneys like Schlacter Law only change a contingency fee arrangement. This means that an innocent person harmed by the negligence of another only pays our attorney when we recover compensation for your injuries or the wrongful death of a loved one. If you or a loved one have been seriously injured due to the negligence of another, ask our Miami bike accident attorney to help fight back to protect your rights by dialing (305) 999-1111 for a FREE consultation.

How We Handle Cases

  1. Investigation
    • Your attorney will aggressively investigate your case. Schlacter Law will compile all necessary evidence needed to maximize the value of your case. Which includes but is not limited to photographs, police reports, security camera footage, witness statements, medical bills and medical records.
    • You will remain in constant contact with Schlacter Law about the progression of your case.
  2. Negotiation
    • Your attorney will present your case to the insurance company and will attempt to resolve your case before the case goes to court for maximum compensation.
    • Your attorney will make every effort possible to resolve the case as quickly as possible for the most amount of money you may be entitled to. You will be actively involved in the negotiation process with your attorney. Schlacter Law understands that this is your one opportunity to get justice for your loss.
  3. Litigation
    • If settlement negotiations are unsuccessful, Schlacter Law will be fully prepared to bring your case to court to fight for the justice you deserve.
    • At no cost to you, Schlacter Law will hire any experts and professionals needed to maximize your recovery and present your case in the strongest form possible.


Frequently Asked Questions

How long do I have to file a wrongful death claim in Florida?

Two years from the date of death, according to FRS section 95.11 [2] . This deadline approaches quickly because of the immense grief that follows these types of crashes. Contact a bike accident attorney in Miami as soon as you can after the wrongful death of a loved one to ensure your rights to compensation are protected.

Who can file a wrongful death claim in Florida?

Any close family member such as a spouse, child, parent, or in certain situations a sibling or legal guardian could commence a wrongful death claim in Florida. If you need to commence a wrongful death case, ask an attorney what your rights are and how we can protect your loved one’s estate.