Florida Car Accident Lawyer Blog

According to a recent investigative report, very few New York City bicyclists killed or injured in car accidents ever get justice. In fact, in 2011 the Big Apple saw 21 bicyclist fatalities, but only two drivers were ever arrested in these cases. While similar numbers are not available for Miami, anecdotal evidence suggests that bicyclists in Florida also have a similar problem getting justice after an accident. There are many possible reasons for this:

1) According to some groups, including Transportation Alternatives, police are not tough enough on motorists. In many cases, budget cuts may mean that police have few resources for bicycle accidents. In 2008, bicyclist Rasha Shamoon was struck and killed by a motorist who had six prior traffic infractions. Despite this, police did not conduct accident reconstruction, made errors in the police report, and concluded that Shamoon was at fault. The bicyclist’s family took the case to court, where it was shown that Shamoon was not speeding, as police claimed, and the court found the driver 95% responsible for the accident.

2) Bicyclists are often assumed at fault. Some individuals assume that bicyclists take risks and are often at fault of accidents. Unfortunately, this kind of thinking can influence investigations into Miami traffic accidents that involve bicyclists.

3) There is a great disparity between bicycles and cars. In a Miami car accident involving two cars, the damage to both vehicles and parties can be comparable. In a Miami bicycle accident, however, the bicyclist is often killed or seriously injured, making it hard for that victim to provide their own statement of events during the investigation. As well, while such accidents often cause little damage to the car or truck, in some cases these accidents become hit and run accidents, making it harder to catch the driver and bring them to justice.

4) Bicyclists are not insured. In a Miami car accident involving two vehicles, insurance carriers need careful police reports and there are often insurance investigations as well. In a case involving a bicyclist, especially if the bicyclist is found at fault, there may not be the same investigation unless the bicyclist’s family works with a Miami personal injury attorney and filed a civil suit.

5) Laws. Since cars are so prevalent, laws have been passed to ensure that not all traffic violations are criminalized. This can make it harder for bicyclists and their families to argue that an accident was in fact vehicular manslaughter or another serious crime.

If you are a bicyclist injured in a Miami traffic accident, it is important to speak with an experienced Miami personal injury attorney about your case as soon as possible. A good attorney can gather evidence about your case and can investigate the cause of the accident so that you are not held at fault if the collision was caused by a motorist. A good attorney can also help you understand the steps you need to take to pursue fair compensation. It is common for a Miami bicycle accident to be very expensive. In addition to high medical bills, there are often transportation costs and lost pay to consider. A good attorney can help you understand the true costs of your injuries and can work with you as you pursue justice.

Continue reading "Are Bicyclists Killed in Miami Car Accidents Having Trouble Getting Justice?" »

In 2008, the National Highway Traffic Safety Administration reported that Florida led the US in bicycle accidents. Although the numbers of bicycle accident fatalities in the state has been dropping slowly since 1991, the state still sees many such accidents and according to at least one Florida newspaper, twenty percent of traffic fatalities in five Florida countries (Broward County, Indian River County, Martin County, Palm Beach County, and St. Lucie County) in 2009 were attributed to pedestrian and bicycle accidents.

There are many things that cause Florida car accidents involving bicyclists. One problem is that there are many motorists and many bicycle enthusiasts in Florida, which means two very different types of vehicles sharing the road. Some counties have been trying to build more bicycle-only paths and lanes to keep bicyclists and cars apart. In May 2011, for example, Pinellas and Hillsborough counties proposed a new trail for pedestrians, bicyclists, and other non-car traffic.

The summer is an especially dangerous time for Florida bicycle accidents. More cyclists take the opportunity to head outside and more tourists can mean more car traffic in Florida, as well. Vacations and time away from work also mean more chances for people to hop into their cars or on their bikes, meaning more traffic. Luckily, we can all work together to prevent Florida car accidents and bike accidents this summer.

Bicyclists can help by riding safe. That means riding on bicycle trails or bike lanes where possible. When no such options are available, it is safest for bicyclists to ride with the flow of traffic on the far right, closest to the right hand side of the street. Bicyclists can also wear reflective clothing, maintain good eye contact with drivers around them, and use hand signals to ensure that drivers are aware of their intended direction.

Motorists can help by staying alert for bicyclists. In many car accidents involving passenger cars, motorists claim that they simply did not see a bicyclist in time. Stay alert when passing popular areas for bicyclists and never drive in the bicycle lane. Give bicyclists plenty of room and become familiar with the hand signals that bicyclists to indicate turns.

Both bicyclists and motorists can avoid traffic accidents by driving sober and alert. While motorists tend to be the focus of awareness campaigns, both bicyclists and motorists are dangerous on the road when driving under the influence or when driving tired. Both on a bike and in a car, you need good response times and a good focus. If you are tired or intoxicated, take a cab or get a friend to drive you safely home.

Continue reading "This Summer, Let's Work Together to Lower the Florida Car Accident Rate Involving Bicycles" »