Miami Bicycle Accident Attorney

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Understanding Bicycle Accidents

Navigating the streets of Miami on a bicycle can be an exhilarating experience, but it’s essential to be aware of the potential risks involved.

Common Causes of Bicycle Accidents in Miami

Miami’s busy streets can present a myriad of challenges for cyclists. The most common causes of bike accidents include:

  1. Negligent Drivers: These drivers fail to notice cyclists or do not respect their rights to share the road, leading to collisions.
  2. Road Conditions: Potholes, debris, or poorly designed cycling lanes can contribute to accidents.
  3. Cyclist Errors: Sometimes, accidents occur due to cyclists not following traffic rules or failing to use safety gear correctly.

The Aftermath of a Bicycle Accident

A bicycle accident’s aftermath can vary widely, depending on its severity. Here’s what might happen:

  • Physical Impact: Injuries can range from minor cuts and bruises to severe conditions like broken bones or head trauma.
  • Emotional Trauma: Accidents can result in emotional distress, affecting a person’s overall well-being.
  • Financial Costs: These may include hospital bills, medication costs, bicycle repair or replacement expenses, and lost wages if the accident leads to an inability to work.

Legal and Insurance Implications

Accidents also have legal and insurance implications, including:

  • Insurance Claims: You’ll likely need to deal with insurance companies, either your own or the at-fault party’s. While insurance can cover some costs, it often doesn’t fully cover all incurred expenses.
  • Determining Liability: The process of proving who is at fault in a bike accident can be complex.
  • Legal Action: In some cases, you may need to pursue a legal course of action to seek fair compensation.

What Are Your Rights as a Cyclist?

Understanding your rights as a cyclist is key to safer cycling experiences. It’s even more important in places with high cycling activity like Miami.

Rights of a Cyclist in Miami

In Miami, as well as throughout the state of Florida, cyclists are recognized by law as vehicle drivers. What does this mean for you? Let’s simplify:

  • Equal Rights and Responsibilities: As a cyclist, you enjoy the same rights as any other vehicle driver on the road, but you are also expected to obey the same traffic rules.
  • Sharing Lanes: You are allowed to ride alongside another cyclist in the same lane.
  • Hand Signals: Whether you’re making a right or left turn, you can use either arm to signal your intentions to other road users.
  • Claiming a Lane: If safety necessitates it, you have the right to occupy a full lane.

Florida Laws Related to Bicycle Accidents

Florida laws include several requirements specifically for cyclists:

  1. Fixed Seat: All bicycles should have a fixed, regular seat for riding.
  2. Helmets for Minors: If you’re under 16, you’re required to wear a helmet when cycling.
  3. Night Riding Requirements: Bicycles must be equipped with a lamp visible from 500 feet away when ridden between sunset and sunrise.

Being aware of these laws is essential. Compliance with them can significantly impact the outcome of any legal proceedings following an accident.

Dealing with Insurance Companies: Knowing Your Entitlements

Insurance matters can be overwhelming, especially after an accident. Here are the basics you should know:

  • Your Auto Insurance: Even though the accident involved a bicycle, your auto insurance might cover your medical bills, thanks to the Personal Injury Protection (PIP) coverage.
  • Motorist’s Insurance: If the accident was the motorist’s fault and they have Bodily Injury Liability (BIL) coverage, you may be entitled to compensation for pain, suffering, and lost income.
  • Uninsured Motorist: If the at-fault motorist is uninsured or underinsured, and you have Uninsured Motorist (UM) coverage, you can use this to cover your costs.

What to Do After a Bicycle Accident?

Bicycle accidents can be disorienting and frightening. Despite the shock, it’s crucial to follow a series of steps to ensure your safety and secure any necessary legal and insurance remedies. Here’s a simple, step-by-step guide on what to do if you’re involved in a bicycle accident in Miami.

Step 1: Prioritize Your Safety

First and foremost, check yourself for any immediate injuries. If possible, move out of the road to a safe location to prevent further harm.

Step 2: Call for Help

Call 911, especially if there are any serious injuries. Even if you feel fine, it’s recommended to have a medical evaluation as some injuries may not be immediately apparent.

Step 3: Report the Accident

Ensure you report the accident to the police. This official report can be crucial when dealing with insurance companies or if any legal issues arise.

Step 4: Gather Information

Collect as much information as you can from the scene. This includes:

  • The other party’s name, contact details, and insurance information
  • Contact details of any witnesses
  • Photos of the accident scene, your bicycle, and any visible injuries

Step 5: Don’t Negotiate on the Spot

You might be tempted to settle the matter directly with the other party involved, but it’s generally not advisable. It’s important to fully understand the implications of the accident, including any potential injuries and damage.

Step 6: Inform Your Insurance Company

Report the accident to your insurance company. Provide only the necessary information and avoid making any statements that could be used against you.

Step 7: Keep a Record

Maintain a record of any medical treatment and costs, repairs to your bike, and any other accident-related expenses. These documents can be useful if you decide to pursue a claim.

Step 8: Contact a Bicycle Accident Attorney in Miami

Contacting a Miami bike accident attorney can be helpful, even if you’re unsure about pursuing a case. They can guide you through your rights, any potential claims, and dealings with insurance companies.

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Your Questions Answered

Who is at fault in a car-bike accident?

Determining fault in a car-bike accident involves assessing who acted negligently or broke traffic laws. While it’s common to assume the motorist is at fault, this isn’t always the case. In Florida, a “pure comparative negligence” rule applies, meaning that the fault can be shared between the parties involved based on their degree of negligence.

Yes, bike accidents are unfortunately common in Miami. On average, Miami-Dade County, which includes the city of Miami, sees an estimated 500 to 700 bicycle accidents each year. These incidents highlight the inherent risks of cycling in the area. Despite efforts to improve safety measures for cyclists, it remains critical for riders to exercise caution and be knowledgeable about their rights and responsibilities on the road.

The most common injuries from falling off a bike are often related to the extremities, as riders naturally attempt to break their fall. Head injuries are also common, particularly in accidents where the cyclist is not wearing a helmet. According to a study by the American Academy of Family Physicians, extremity injuries account for 50% to 60% of all bicycle-related injuries, while head injuries account for approximately 22% to 47% of injuries.

The aftermath of a bike accident can vary widely, depending on its severity. It can result in minor to severe injuries, damage to the bike and potential legal and insurance implications. The cyclist might need immediate medical attention and possibly long-term treatment. Legal issues might include determining fault, dealing with insurance claims, and seeking compensation for damages.

What Makes LaBovick Different?

Courtroom-Ready Representation

We’re not a settlement mill. Your case is handled by the same dedicated legal team from start to finish, focused on maximizing your compensation—often far beyond the insurance company’s first offer.

You don’t pay unless we win. As a right-sized firm, we combine personal attention with big-case results, giving you the best of both worlds: expert advocacy without feeling like just another case number.

Exclusive Warrior Vision™ Access

We provide proof when it matters. LaBovick Warrior Vision™ taps into every traffic camera in the area, giving our clients immediate access to footage—something no other local law firm offers.

We Take on the Tough Cases

Insurance companies know our name—and they know we don’t back down. When others settle for less, we fight harder. If the insurance company won’t pay what’s fair, they know they’ll see us at trial.

Proven Track Record

Our results speak for themselves. We’ve secured millions for clients, helping them rebuild their lives after serious injuries. Every victory reflects our commitment to justice and relentless advocacy.

You’ll Be Treated Like Family

You’re more than a case number—you’re part of the LaBovick family. From your first call to your final settlement, we’re by your side with honesty, compassion, and the dedication we’d give our own loved ones.

Serving Florida Communities

If you know Brian and Esther, you know that family is their number one priority. They are very close with their entire family and for 30 years have been building a firm based on those family values. When you speak to the team members at LaBovick Law Group they will often reference the most important aspect of the company is that everyone is treated like family.

Real Florida recoveries

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Meet your legal team

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It’s Easy to Get Started

Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.