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Many motor vehicle drivers believe that bicycles should not belong on public roads. After all, Trinity is home to many purpose-built bike trails like the Fred Marquis Pinellas Trail and the Starkey Wilderness Park Trail. There’s no reason for bikers to be on roads, right? Actually, cyclists enjoy the same rights to use public roads as motor vehicles. Unfortunately, many drivers are ignorant of the rights of cyclists and don’t expect to share the road. Unfortunately, accidents can happen as a result.
If a bicycle accident injured you, you have every right to seek compensation from those responsible. The team at Perenich Law Injury Attorneys has long advocated for the rights of cyclists and has extensive experience dealing with bicycle accidents in and around Trinity. Don’t hesitate to call us for your free case evaluation. We’re standing by to help you seek the justice you deserve.
Since its founding in 2009, Perenich Law Injury Attorneys has represented thousands of accident victims and claimed compensation for many whose lives would have otherwise been devastated by sky-high medical bills and trauma. Led by brothers Timothy, Gregory, and Terrence, Perenich Law Injury Attorneys is committed to advocating for the rights of the wrongfully injured, even if that means going to trial.
As civil trial attorneys, the firm offers the distinct advantage of experience and even comfort going beyond the basic steps of settlement negotiation. Negotiation is hard; going to court is harder. And fighting the hardest battles is what we do.
Every Trinity bicycle accident is unique in all its intricacies, and we can make no promises about the outcome we will be able to achieve on your behalf. However, the case results we’ve achieved in the past can act as a marker for the types of cases we have successfully handled.
As you’ll see, we focus on personal injury law and cover a wide range of practice areas from bicycle accidents to medical malpractice.
These are just a few of the cases we have recently handled. Visit our verdicts and settlements page or our client reviews page for additional information.
Having a knowledgeable legal team by your side can make the difference between getting full compensation or a lowball settlement offer undercutting you.
With Perenich Law Injury Lawyers by your side, you won’t have to worry about how to handle the insurance companies’ calls or the wording of negligent parties. With our experience, we can negotiate on your behalf, calculate the value of your claim, and investigate the circumstances around your accident.
Here’s how we can help you:
Living through a bicycle accident is a horrific experience we can only imagine. We want you to feel supported every step of the way so you can focus on recovery.
You need to know the specific causes of your bicycle accident to hold the at-fault parties accountable. You need to prove that the at-fault party was negligent in a collision. So, how do you prove that a specific person or party was responsible for your losses? Here are some of the causes of bicycles that can help you.
Distracted driving refers to any activity that diverts a driver’s attention. It includes talking or texting from your phone, talking to people, and fiddling with the stereo or navigation system. These activities can easily cause a bicycle accident since the driver isn’t focused on the road and may not notice cyclists.
Drivers who follow too closely at less than three feet to a cyclist leave fewer options to avoid a collision or hit a cyclist.
Speeding increases a driver’s stopping time and limits the amount of time to make decisions while on the road. Low speeds can also cause an accident, even though many accidents result from high speed. Bicycle accidents caused by speeding can lead to severe injuries.
Drivers weaving through traffic cannot easily see cyclists on the road. They are also less likely to make evasive maneuvers to avoid a collision.
Even when a driver isn’t weaving, a single lane change can also be dangerous. This can result in a bicycle accident when a driver makes an unsafe lane change without considering the presence of a cyclist.
Drivers should check for cyclists and pedestrians when at an intersection. Turning without checking for bicyclists can cause a bicycle accident.
Drivers should stop at a red light. However, this is not the case in many neighborhoods or suburban areas. Failure to stop at a stop sign creates a more significant risk when a driver doesn’t lookout for a cyclist with the right of way.
You have the right to seek compensation after sustaining an injury in a bicycle accident. The main factor in a compensation claim is proving that the other party is at-fault for your accident. Here are the steps to take when seeking compensation for a bicycle accident:
Duty of care refers to a motorist’s responsibility to other road users. Therefore, they must drive reasonably to protect cyclists and pedestrians. Once a driver breaches these duties, they are negligent and should be held accountable for their actions. Here are various aspects that show a motorist’s duty of care:
Every motorist has the legal responsibility of driving safely and reasonably. You may think that driving at the posted maximum speed is safe, but you might still breach your duty of care if that speed is not safe. This situation applies when unsafe conditions such as low visibility, traffic conditions, or road conditions require drivers to drive at a slower speed.
Every driver should be aware of their surroundings. This includes the presence of cyclists and potential hazards that might comfort them and other road users. In a bicycle accident, investigators will check whether the defendant’s actions lacked the actions of a reasonably prudent person to determine if the defendant was at fault in the accident.
For instance, a driver should be on the lookout while driving close to a school zone. Therefore, if the accident occurs in a school zone, it’s easier to prove that the driver breached their duty of care since they were probably not on the lookout.
All drivers should control their vehicles by paying attention to cyclists and stopping their vehicles.
Drivers should observe traffic laws as long as they are on the road. This includes stopping at a red light, yielding to road users with the right of way, and maintaining their lane. Anything done contrary to these regulations is considered a breach of duty.
The next step in your bicycle accident compensation claim is proving that the at-fault party breached their duty of care. This means they acted carelessly or recklessly, leading to a bicycle accident.
Breach of duty includes the factors described above, and:
It’s not enough to prove that a defendant was negligent in your bicycle accident compensation claim. You must also prove that the defendant’s breach of duty caused your injuries. Here are pieces of evidence that can help you prove that the driver’s breach of duty caused your injuries:
You should call the police and report your bicycle accident, regardless of the injuries sustained in the bicycle accident. The police report is crucial in ascertaining that the defendant was at fault in the accident.
Apart from that, you should gather pertinent evidence from the scene of the accident, including:
After a bicycle accident, you should visit a doctor, whether you sustained minor or severe injuries. This will help you gather medical evidence proving that you sustained injuries due to the defendant’s breach of duty of care.
Here are medical records that you can use as evidence:
Now that you know what evidence you need for your claim, it’s essential to know which type of injuries you can sustain to ensure that your evidence is accurate and reflects the injuries sustained in the accident.
Here are seven common injuries you can sustain in a bicycle accident:
Please note these injuries vary according to the severity of the accident. Severe bicycle accidents might lead to severe injuries like Traumatic Brain Injury and spinal cord injury. In contrast, a minor accident can lead to minor injuries like fractures and soft tissues injuries.
This is the last step in a bicycle accident compensation claim. In this step, you must prove that you incurred damages due to the injuries sustained from the accident. Damages refer to the sum of money imposed on a defendant for the injuries sustained from their negligent action. You can recover the following damages in your compensation claim:
These damages refer to damages with tangible documentation. Medical expenses, lost earning capacity, lost wages, and property damages.
These damages refer to damages without tangible documentation. They include loss of consortium, pain, and suffering, and loss of enjoyment of life. The point of seeking these damages is to compensate cyclists who cannot recover their regular life experiences due to the injuries sustained from an accident.
So, how do you prove your damages in a bicycle accident?
Here are five pieces of evidence you need to prove your damages in a bicycle accident:
By proving these facts, you’re in a better position to recover compensation for the damages incurred in the accident. However, you have much to consider. For instance, you must calculate the actual dollar value of your damages, negotiate with the defendant’s insurance company adjuster, and probably file a lawsuit. It’s much easier to go through these steps through the intervention of an attorney.
Your actions after a bicycle accident matter a lot in your compensation claim.
Ensure that following a bicycle accident you:
Anytime, as long as you’re a victim of an accident. However, your attorney should advise you on the best time to file a lawsuit. In most cases, the process starts with negotiating an out-of-court settlement with the at-fault party’s insurer. You should only consider filing a lawsuit if the negotiations don’t bear any results.
Yes. A cyclist could be at fault in a bicycle accident if their actions breached their duty of care to themselves and other road users. For instance, failing to yield, riding against traffic, and failing to use their designated lanes can make a cyclist liable for their accident.
You should note that cyclists can share liability in a bicycle accident, especially if their actions don’t entirely contribute to the accident. In this case, the pure-comparative negligence principle applies. In this principle, the cyclist will only recover damages worth the percentage fault of the driver in causing the accident.
The value of your bicycle accident claim depends on the total amount of your damages. As mentioned earlier, there are both economic and non-economic damages in a bicycle accident compensation claim. It’s easier to determine your economic damages, but determining your non-economic damages can be challenging. Our Trinity bicycle accident lawyer should help you calculate and decide the correct dollar value for your damages.
Out-of-court settlement can be the right decision for your bicycle accident compensation claim, but not in all cases.
The advantages of a trial include:
Your lawyer can walk you through the pros and cons of settling your case or going to trial, depending on the facts of your specific claim.
Dealing with bicycle accident cases can be complicated and devastating. With a wide range of legal issues involved, it becomes nearly impossible for a normal person to walk into a case and win without the help of a skilled legal team.
The team at Perenich Law Injury Attorneys is standing by to provide a free case evaluation and give you peace of mind. We will take quick action, work with medical experts, investigate the incident, collect evidence, and provide additional support to represent you, whether in or out of court. Don’t wait. Contact us online or call (727) 877-8831 now. We are always here, day or night, to help you.
“My husband and I have both used the services of the Perenich Law Firm and have found the attorneys to be very thorough , knowledgeable and respectful of their clients’ circumstances and needs. Their support staff is equally as professional in creating a positive experience for clients. We wouldn’t hesitate to use their services again.” – Patti D.
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Perenich Law Injury Attorneys – Trinity Office
Phone:(727) 877-8831