Fort Lauderdale Bicycle Accident Attorney
With a subtropical climate and beautiful scenery, Florida is home to some of the world’s most passionate bicycle riders. Sadly, all it takes is one distracted or negligent driver to cause a devastating crash. If you or someone you love was hurt in a bicycle wreck, the Fort Lauderdale bicycle accident lawyers at Halpern Santos & Pinkert can help you fight for the justice and compensation you deserve.
Our attorneys are experienced settlement negotiators and talented litigators who have recovered more than $200 million for victims of personal injury and wrongful death. We have the resources and legal strategies to take on even the largest corporations, insurance companies, and government entities. Call us today at 305-445-1111 for a free, no-obligation consultation.
Important Evidence to Strengthen Your Bicycle Accident Claim
Winning a fair settlement after a bicycle crash requires strong proof of liability and damages. Evidence must be shown to demonstrate that the at-fault party owed you (or your loved one) a duty of care and breached that duty, resulting in your injury or loss.
Breaching a duty of care is called “negligence.” Common forms of negligence in bicycle accident cases include:
- A driver was breaking the speed limit;
- A driver was drunk or distracted;
- A driver made an illegal turn;
- A driver made an unsafe lane change; or
- A company that manufactured parts for the bicycle or vehicle involved in the crash produced a defective part.
Even if you are certain that another person or entity was responsible for your accident, you will need evidence to prove negligence and liability. The Fort Lauderdale bicycle accident lawyers at Halpern Santos & Pinkert will investigate your case to compile all available evidence that can be used to strengthen your claim.
We will assess the crash report and photos of the scene. We will find out if a surveillance camera recorded the accident and try to obtain its footage. We will interview eyewitnesses. We can also speak with accident reconstruction experts and auto parts specialists to determine if their testimony would contribute to your case.
Depending on the facts of your case, the following evidence might be used to prove negligence and liability:
- Testimony from eyewitnesses;
- Testimony from expert witnesses;
- Videos and photos of the accident scene;
- The accident report;
- Dashcam footage;
- Toxicology reports;
- Records of accidents caused by the same defective part;
- Black box data-if a commercial vehicle was involved; and
- Cell phone records-if the at-fault driver was distracted.
There are many other types of evidence our attorneys may use. To discuss your case and the evidence that might be valuable to your claim, call us today at 305-445-1111.
How to Prove Damages After a Bicycle Accident
Damages in bicycle accident cases are often substantial because riders have little to no protection from impact. Even with the proper safety gear, a collision with a motor vehicle can result in catastrophic injuries.
Common injuries sustained in bicycle accidents include:
The Fort Lauderdale bicycle accident lawyers at Halpern Santos & Pinkert have experience handling complex cases involving severe and permanent injuries. We understand that the outcome of your claim could have a huge impact on your future wellbeing and your family’s financial security.
Our attorneys will review every aspect of your case for evidence that can be used to prove the types of damages you incurred and their value. This evidence might include:
- Proof of lost income such as paystubs and tax returns;
- Diagnostic imaging such as X-rays and CT scans;
- Testimony from medical, vocational, and financial experts;
- Receipts for treatment modalities;
- Receipts for home care; and
- Receipts for other expenses related to your accident or injuries.
When Are Punitive Damages Recoverable After Bicycle Accidents in Florida?
Exemplary damages, or “punitive damages,” are not recoverable in most bicycle accident cases; however, they may be recoverable if the party who caused your injuries acted with gross negligence or intentional misconduct.
If the defendant acted with indifference or disregard for your life, safety, or rights, this would constitute gross negligence. If the defendant knew that his or her actions were likely to cause injury yet still engaged in the conduct, this would constitute intentional misconduct.
The vast majority of bicycle accidents are caused by driver errors, but in most cases, the at-fault party did not act with gross negligence or intentional misconduct. Generally speaking, exemplary damages are only awarded in cases involving particularly egregious behaviors.
For example, punitive damages may be recoverable if the defendant was driving under the influence of alcohol, speeding excessively, or fleeing from the police. They may also be recoverable if the defendant fled the scene and engaged in other reckless or criminal conduct. Punitive damages may also be recoverable against the defendant if he or she killed your loved one in a bicycle crash and was charged with manslaughter.
If you intend to pursue compensation for punitive damages, non-economic damages, or future damages, it is critical that you contact a Fort Lauderdale bicycle accident lawyer as soon as possible. Calculating these damages requires a comprehensive knowledge of relevant laws, and proving them may require testimony from expert witnesses. The personal injury lawyers at Halpern Santos & Pinkert will make sure your claim includes all damages to which you and your family may be entitled.
The greater the value of your claim, the more incentive the insurance company and defendant will have to find reasons to dispute liability and damages. Our lawyers will make sure you are treated fairly during every stage of the proceedings. We will help you gather the evidence needed to prove your claim, and we will aggressively represent your interests during settlement negotiations and any litigation that may follow.
Call 305-445-1111 for a Free Case Evaluation with a Fort Lauderdale Bicycle Accident Lawyer
Insurance companies in Florida know that the attorneys at Halpern Santos & Pinkert offer aggressive and effective legal representation. Having our law firm by your side from the beginning will send the message that you expect a fair settlement offer, and you are not afraid to take your case to trial if necessary. To find out how our bicycle accident attorneys can help you and your family fight for the maximum compensation, call us today at 305-445-1111 or Contact Us Online.