Tampa Bicycle Accident Attorneys
When you decide to ride your bicycle to get to work or exercise, the last thing you expect is to get injured in an accident.
Now, you are most likely dealing with issues you didn’t even know would come up, such as calls from the insurance companies, getting medical care, and finding a new way of transportation if your bike was your only way to get around.
Bike accidents are not something to take lightly. The experienced personal injury lawyers at Hancock Injury Attorneys provide tailored solutions to help our clients seek rightful compensation.
With over 30 years of experience as Tampa bicycle accident lawyers, we have represented many clients who have suffered from catastrophic injuries caused by negligent motor vehicle drivers.
A big part of that is taking care of all those issues for you, so you can focus on the only thing that is important: healing.
Our Tampa office serves clients throughout Central Florida, including Tampa, Spring Hill, and Wesley Chapel. Call us at 813-915-1110 for your free consultation.
Why Choose Our Tampa Bicycle Accident Lawyers
Our Tampa bicycle accident attorneys can provide effective tailored legal representation specific to your case.
Contact us today to discuss your case and discover how we can help you on your path to justice.
Our Office Locations
Our primary office is at 1317 W Fletcher Ave., Tampa, Florida 33612. You can reach us by phone at the Tampa office at 813-915-1110. We have an additional office at 2224 Ashley Oaks Circle, Suite 102-E, Wesley Chapel, Florida 33544. Call the Wesley Chapel office at 813-537-6927. We serve clients in Tampa, Spring Hill, Wesley Chapel, and throughout central Florida.
Bicycle Accidents in Tampa and Florida
Florida roads are among the most dangerous in the nation, with alarming crash statistics. According to the Florida Highway Safety and Motor Vehicles (FLHSMV) Crash Dashboard, there were 276,492 crashes statewide in the latest report. These crashes resulted in 2,331 deaths and 176,029 injuries.
In Hillsborough County, home to Tampa, the numbers are equally concerning. The county reported 22,967 crashes, leading to 176 fatalities and 15,879 injuries during the same period. Tampa alone experienced 493 bicycle crashes, with 10 tragically ending in fatalities.
The U.S. Department of Transportation's Federal Highway Administration highlights an even grimmer picture: Tampa Bay has the highest traffic fatality rate per capita among large U.S. counties.
Over six years, nearly 1,300 lives were lost to motor vehicle crashes in Hillsborough County. Shockingly, the area averages one pedestrian and one cyclist crash per day.
Nationally, Florida also stands out for its high injury rates. The CDC reports that Florida's unintentional injury rate is 12.57% above the national average.
Among the nation’s six most populous states, Florida has the highest injury death rates in categories like motor vehicle crashes, suicides, drowning, pedestrian incidents, and bicycle-related fatalities.
Common Causes of a Tampa Bicycle Accident
Many bicycle accidents are caused by a motorist’s failure to yield, cutting off a bicyclist, drifting onto the shoulder of the road, or other clear-cut cases of negligence.
In certain cases, you may be the victim of a hit-and-run accident.
Our dedicated personal injury law firm will fully investigate your case to locate every source of compensation for your injuries.
We work tirelessly to help you get your full measure of damages.
The most common type of bike wrecks we see is when motor vehicle drivers cause collisions with bicycles, including the following:
- Failure to yield when turning left at an intersection
- Cutting off a bicyclist when turning right
- Driving while texting
- Running a red light or stop sign
- Drunk driving
- Road rage
- Drifting into a bicyclist, walker, or jogger on the shoulder of a road
Responsibilities of Motorists and Bicyclists on Tampa Roads
In Florida, both motorists and bicyclists have responsibilities to ensure safety and prevent accidents. Understanding these responsibilities is crucial for determining liability in case of an accident:
Responsibilities of Florida Motorists
Drivers have a legal responsibility to observe traffic laws for the safety of others. When drivers fail to live up to this duty, they may be liable for the ensuing injuries.
Consulting a local bicycle accident lawyer may be vital in holding negligent drivers responsible for their actions. Motorist responsibilities include:
- Yielding to Bicyclists: Motorists must yield the right-of-way to bicyclists in marked crosswalks and at intersections where there are no traffic signals when the bicyclist is in the intersection or close enough to pose a hazard.
- Maintaining Safe Passing Distance: When overtaking a bicyclist, motorists must provide at least 3 feet of clearance.
- No Impaired Driving: Driving under the influence of alcohol or drugs is illegal and dangerous, and it can lead to accidents involving bicyclists.
- Respect for Bike Lanes: Motorists should not drive in designated bike lanes unless necessary for parking or turning.
- Exercising Caution: Motorists must exercise caution when encountering bicyclists and be aware of their presence, especially when making turns at intersections.
Responsibilities of Florida Bicyclists
Florida bicycle riders need to be aware of statutory provisions set out in Section 316.2065, Florida Statutes.
- Obey Traffic Laws: Bicyclists must follow the same traffic laws as motorists, including obeying traffic signals, stop signs, and right-of-way rules.
- Use Hand Signals: Bicyclists should use hand signals to indicate their intentions to turn or stop.
- Proper Lighting: Bicyclists riding at night must have a white light on the front and a red light or reflector on the back, as well as reflectors on the wheels and pedals.
- Stay in the Right Lane: Bicyclists must generally ride in the right lane, except when overtaking another vehicle or preparing for a left turn.
- No More Than Two Beside Each Other: Bicyclists should ride no more than two side-by-side, except on bike paths or roadways specifically designed for bicycle use.
Specific rules set out by these statutes address responsibilities for using bike lanes, riding with traffic, proper safety equipment for visibility and operation, and other actions that may affect safety. Talk to your lawyer about the specifics of your crash.
They can help determine your possible liability and how it may affect your claim. A Tampa bicycle accident attorney with experience handling bicycle crashes can work with you to maximize your compensation.
Florida Bike Helmet Rules and Liability
Florida Statute Section 316.2065(1)(d) requires that anyone younger than 16 wear a helmet while riding their bike. In fact, should a child be injured in a bicycling accident, statutes provide that the failure of a parent to allow a child to ride without a helmet may be considered evidence of the comparative negligence of that parent.
However, if someone 15 or younger is not wearing a helmet and gets hit by a car and suffers a head injury, the law does not prevent them from seeking compensation for their injuries.
If the defense enters evidence that the rider was not wearing a helmet, the jury may apportion some blame to the injured bicyclist.
Determining the Value of a Bicycle Injury Claim
In Florida, those injured by the negligence of another are entitled to the following damages:
- Past and future medical expense
- Past and future lost wages
- Pain and suffering
- Mental anguish
- Permanent disability or physical impairment
- Loss of capacity for the enjoyment of life
- Punitive damages
In addition, Florida bicycle law allows your spouse to recover for his or her losses, referred to as a claim for loss of consortium.
Bicyclists could suffer a wide range of devastating injuries in accidents including broken bones, traumatic brain injuries, spinal cord injuries, and amputation. These injuries could leave bicyclists hospitalized, requiring lengthy rehabilitation programs, and accruing extensive medical bills.
For those who are permanently impaired, medical expenses, home health care, and personal care costs may be ongoing and extensive. Additionally, individuals who are no longer able to work, whether temporarily or permanently, may be able to seek lost wages as part of their bike accident claim.
If the negligent acts of another caused the wrongful death of a loved one, certain family members and survivors have the right to recover damages by filing a wrongful death claim.
Florida No-Fault Laws
Because Florida is a “No-Fault” state, a bicycle rider looks to their own Personal Injury Protection (PIP) auto insurance first to pay for medical bills and lost wages. If a bicycle rider owns an insured vehicle, regardless of their fault or whether they were riding a bike or driving, that person’s PIP insurance would be the primary source for paying for medical care and lost wages. Additionally, a bicycle rider may also have Medical Payments coverage available to them on their auto policy.
Reduced Compensation for Partial Fault
Here's how reduced compensation works in a bicycle accident where both the bicyclist and another party (e.g., a motorist) are partially at fault:
- Determining Fault: Liability is assessed based on the evidence and circumstances of the accident. Both the bicyclist and the other party involved may be assigned a percentage of fault.
- Calculating Compensation: If you, as the bicyclist, are found to be, for example, 20% at fault for the accident, your compensation will be reduced by 20%. This means you can still recover damages, but the amount you receive will be diminished to account for your share of responsibility.
This system ensures that even if the injured party bears some responsibility for the accident, they can still seek compensation. However, the amount they receive is directly proportional to their degree of fault.
Hire a personal injury attorney to navigate the complexities of comparative negligence and pursue a fair and just settlement for your bicycle accident injuries.
In Florida, if you are more than 50% responsible for an accident, you Cannot receive any compensation for damages. This rule is part of the state’s modified comparative negligence system.
Florida Statute of Limitations
Filing your claim within the designated legal time frame is crucial. In Florida, the statute of limitations for a personal injury or wrongful death claim is typically two years. If you don’t file your claim within the required timeframe, you may lose your right to seek compensation.
Common Causes of Bicycle Accidents in Tampa
Unfortunately, bicycle accidents are common in Tampa, and many result from avoidable factors.
Driver Negligence
Many bicycle accidents happen because drivers fail to notice bicycles on the road. Motorists often overlook cyclists when turning or changing lanes, leading to collisions and injuries. Distracted driving, speeding, and failing to yield in designated bike lanes are frequent causes of serious accidents.
Ignoring Traffic Laws
Both drivers and cyclists are required to follow traffic laws. When a driver disregards traffic rules or lane markings, it puts cyclists and pedestrians at risk. This is especially dangerous in Tampa Bay’s busy areas, where heavy traffic increases the chances of severe accidents.
Poor Road Conditions
Uneven pavement, potholes, and debris on Tampa roads pose significant dangers to cyclists. Navigating these hazards can cause cyclists to lose control and sustain serious injuries.
If poorly maintained roads contribute to an accident, victims might have grounds to file a claim against the responsible municipality.
Dooring Incidents
“Dooring” occurs when a driver or passenger opens a car door into the path of a cyclist. These sudden, unavoidable collisions often result in severe injuries requiring medical treatment and significant compensation.
Lack of Protective Gear
Although Florida doesn’t require adults to wear helmets, doing so greatly reduces the risk of head injuries in an accident. Many cyclists involved in severe crashes weren’t wearing helmets, leading to more serious injuries and complicated legal cases.
If you or a loved one has been injured in a bicycle accident in Tampa, consulting with an experienced attorney can help you explore your legal options and pursue the compensation you deserve.
Schedule Your Free Consultation with a Tampa Bicycle Accident Attorney Today
Our law firm has successfully represented bicyclists who have suffered from traumatic brain injuries, spinal cord injuries, broken bones, and other devastating and permanent injuries after a crash.
Our 5-star reviews from previous clients attest to our record of success in working to protect our community.
We will listen to your questions, make recommendations, and provide you with a free, confidential evaluation of your bike collision case, all at no cost to you, nor obligation to use our services. Protecting our community is important to us.
Our community will be a safer place by holding wrongdoers accountable for the harm they cause.
Getting the advice that you need could be instrumental in your quest to pursue compensation for your injuries successfully.
When a driver’s negligence causes you injury, reach out to a Tampa personal injury lawyer for advice on how to bring a claim. Contact us by calling 813-915-1110 or fill out the contact form on this website.