Whether you ride your bike for fun, take part in competitions and races, or depend on bicycling as your primary means of transportation, there is no greater threat to your safety than a negligent motorist. If you were struck by a car or another motor vehicle while cycling, you are likely dealing with significant injuries, as well as a range of physical, emotional, and financial hardships.
At the Law Offices of Ron Sholes, P.A., we know just how devastating bicycle-vehicle accidents are, both for victims and their loved ones. We also believe that you shouldn’t have to simply suffer the consequences of a negligent driver’s actions—and the law agrees. Personal injury laws allow you to file a claim against a negligent motorist (or another responsible party) and seek financial compensation for your damages. Our bicycle accident attorneys can guide you through this process, providing compassionate, personalized attention and aggressive advocacy every step of the way.
Unfortunately, many drivers fail to do this. When motorists are negligent, distracted, or reckless, they can cause devastating and sometimes fatal accidents. When this happens, injured victims or the surviving family members of those wrongfully killed are entitled to take legal action against the at-fault driver.
For example, if you were riding your bike home from work when you were struck by a distracted driver who was texting when they hit you, you can assert that the driver’s unlawful and negligent act of texting while driving was a breach of the duty of care. You can also argue that, had the driver not been texting, you would not have been injured and, therefore, the driver is liable for your resulting damages.
Just as motorists are required to obey the rules of the road, bicyclists also have a duty to follow the law. Bicycle laws vary from state to state, as well as from municipality to municipality, but they generally dictate how cyclists should share the road with vehicles, where they can and cannot ride, and safety equipment they are required to use. When cyclists do not obey these laws, they may be considered partially (or wholly) liable for an accident.
So, what happens if the driver, the driver’s insurance company, or the jury says you were partially to blame for the accident?
Most states—including Florida and Georgia—follow what are known as comparative fault rules. Under a comparative fault system, an injured party is not barred from seeking recovery if they were partially at fault for the injury-causing accident or event. However, your percentage of fault (as determined by the jury) will play a role in your recovery.
Because Florida follows a pure comparative negligence rule, you are permitted to seek compensation for your damages as long as the other party was at least 1% to blame. In Georgia, however, modified comparative negligence rules prohibit you from recovering compensation if you are determined to be 50% or more at fault for the accident. In both cases, your total recovery will be reduced by your at-fault percentage. For example, if a jury decides that you were 20% at fault for the accident because you acted negligently in some way, you will only be able to recover up to 80% of the total amount you would otherwise receive.
After a serious bike accident, you are likely to sustain severe injuries, leading to numerous challenges in your day-to-day life. By bringing a bicycle accident claim, you can seek compensation for all of your damages resulting from the accident.
At the Law Offices of Ron Sholes, P.A., our bicycle accident attorneys understand how difficult it can be to get back on your feet after a serious accident or debilitating injury. That is why we fight for the maximum compensation you are owed. When it comes to negotiating fair compensation for you, we don’t just settle—we fight! We are ready to go to bat for you, even if that means taking your case to trial.
At the Law Offices of Ron Sholes, P.A., we have the resources to fight for you. Together, our attorneys have over 100 years of legal experience and, as military veteran attorneys, we bring a high level of service, commitment, and dedication to every case we handle. Most importantly, we truly care about our clients; when you work with our team, you will receive personal attention and consistent communication from your team throughout the duration of your case. We even provide you with our personal cell phone numbers so you can always get in touch when you need us.
Our bicycle accident attorneys serve clients throughout Florida and Georgia. We offer legal services in Spanish, Russian, and German and do not charge any attorneys’ fees unless/until we recover compensation for you.
Florida also has a no-fault insurance law, meaning your insurance company is required to pay for a part of your medical care if you sustained a brain injury as the result of a car, truck, or motorcycle crash. This payment, however, is usually insufficient, as insurance companies will often try to minimize your compensation to protect their bottom line. It is important that you do not accept any offers from the insurance company before discussing your settlement offer with our attorneys.