What Tallahassee Cyclists Need to Know About Injury Claims

Searcy Denney Scarola Barnhart & Shipley
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Searcy Denney Scarola Barnhart & Shipley

As a cyclist, you have all of the same rights as drivers on Tallahassee’s roads. This means that you have the right to occupy your lane, and you have the right to not have drivers tailgate you or run you off of the road.

This also means that you have the right to file a claim when you get injured in a cycling accident.

Unfortunately, despite cyclists’ legal rights in Tallahassee, collisions between vehicles and bicycles are common. In the vast majority of cases, these collisions are the result of driver negligence. In a typical scenario, a distracted, careless or aggressive driver doesn’t see a cyclist until it is too late (if the driver sees the cyclist at all), and the cyclist is helpless to protect himself or herself from serious injuries.

Filing an Injury Claim After a Cycling Accident in Tallahassee

If you have been injured in a cycling accident involving a motor vehicle in Tallahassee, you may have a claim for just compensation. Cyclists who fall victim to driver negligence are entitled to just compensation for their financial and non-financial losses under Florida law. With this in mind, here are some important facts to know about protecting your legal rights:

1. Getting Treatment Should Be Your First Priority

When you get injured in a cycling accident involving a motor vehicle, getting treatment needs to be your first priority. If you didn’t ride to the hospital in an ambulance from the scene of the accident, you should see a doctor as soon as possible. Do not ignore your pain and other symptoms, and do not try to treat your injuries yourself. Not only can this be detrimental to your long-term health (and potentially your ability to ride), but it can also make it much more difficult to assert your legal rights.

During your appointment, be sure to tell your doctor that you were injured in a cycling accident. This will help ensure that your medical records reflect the cause of your injuries—which can also be important when filing an injury claim.

2. You Should Write Down Everything You Can Remember About the Accident

You should write down everything you can remember about the accident as soon as possible. All of the details matter. This means that you should write down information such as:

  • Where exactly your cycling accident happened
  • Which way you were traveling and which way the vehicle was traveling at the time of the collision
  • Your location in your lane (or on the side of the road) at the time of the collision
  • How the vehicle hit you (i.e., whether you were rear-ended, side-swiped or T-boned in an intersection)
  • The road, traffic and weather conditions at the time of your collision

These are just examples. You should write down anything that comes to mind so that you can be sure to discuss it with your Tallahassee injury attorney.

3. You Should Keep Any Photos and Videos You Took with Your Phone

If you were able to take any photos or videos with your phone at the scene of your cycling accident in Tallahassee, be sure to keep these to share with your attorney as well. Not only could these photos and videos be key evidence themselves, but they will also provide your attorney with insight into the other types of evidence that may be available.  

4. You Should Prioritize Your Recovery

While it is important to prioritize your recovery any time you suffer serious injuries in a cycling accident, this is especially true when you are thinking about filing an injury claim. If you ignore your doctor’s advice or you go back to work or school too soon, this could prevent you from recovering full compensation for your medical expenses, pain and suffering, and other losses.

5. Your Losses Could Be Much Greater Than You Think

One of the most important reasons to speak with a Tallahassee personal injury lawyer after a cycling accident is that your losses could be much greater than you think. If you have an injury claim for a cycling accident in Tallahassee, you are entitled to just compensation for all of your current and future losses. If you need ongoing medical treatment, if you are dealing with chronic pain, or if your injuries have any other long-term effects (whether financial or non-financial), these are all losses that will be critical for you to recover.

6. Auto Insurance Covers Bicycle Accidents

In many cases, filing an injury claim after a bicycle accident involves dealing with the negligent driver’s insurance company. While liability insurance isn’t mandatory in Florida, many drivers choose to purchase this optional coverage. Auto insurance covers bicycle accidents; so, if the evidence shows that the driver who hit you was at fault, your lawyer may be able to secure an insurance settlement on your behalf.

If you have auto insurance, your policy may apply too. At a minimum, you should be able to secure personal injury protection (PIP) coverage under your policy; and, if you have uninsured/underinsured motorist (UIM) coverage, you may be able to use this coverage to your advantage as well.

7. You Can (and Should) Hire a Tallahassee Injury Attorney at No Out-of-Pocket Cost

To find out if you have an injury claim for your cycling accident, you should speak with an attorney as soon as possible. You can hire a Tallahassee injury attorney at no out-of-pocket cost, which means that you don’t pay anything unless you win. If you win, your legal fees will be calculated as a percentage of your settlement or verdict.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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