Bicycle accidents often result in serious injuries and can sometimes be fatal. Lawsuits in Florida to pursue damages from biking crashes with cars raise many of the same issues as motor vehicle accidents generally. In many cases, the question of liability comes down to negligence, whether the bicyclist was negligent and whether the driver of the car’s negligence led to the accident. Like motor vehicle drivers, bicyclists are obligated to obey traffic laws and other rules of the road.
Bicyclist are expected to be careful regarding their own safety as well as the safety of others on the road. Generally speaking, when a cyclist brings a lawsuit for damages following a bicycle and motor vehicle crash, the outcome depends on the negligence of the parties involved. Negligence on the part of the driver can manifest in many ways. Speeding, ignoring traffic signs or drifting into the bike lane will usually constitute negligence.
Accident cases are decided based on their specific facts, and the facts may vary widely from case to case. Some behaviors by drivers may be negligent per se, meaning the burden shifts to the driver to demonstrate that he or she was not negligent. If the driver was speeding at the time of the crash, for example, that might shift the burden from the plaintiff to the defendant in the case. The actions of the cyclist may also be important in the case.
People who have been injured in biking accidents in Florida might want to speak with a lawyer. A lawyer who has experience in personal injury law may be able to help by identifying parties that may be liable or by gathering evidence and building a case for trial. The lawyer might also negotiate a settlement with adverse parties or insurers, or he or she might depose witnesses and draft a complaint for recovery in civil court.