When The Vehicle Driver Tries To Blame You For The Accident.

Traffic accidents that involve bicycles often result in serious injury to the cyclist creating huge liabilities for the insurance company of the at-fault vehicle driver. In an attempt to reduce this liability, insurance companies will sometimes try to shift some or all of the blame for the accident to the cyclist.

Our Jacksonville bicycle accident lawyers are very familiar with all the ways insurance companies will attempt to use Florida’s comparative negligence laws to shift blame in an effort to reduce the compensation they have to pay to bicycle accident victims. And we know how to counter these attempts and protect our client’s rights when insurance companies attempt to employ these tactics. The following is a brief overview of these laws that shed light on how insurance companies can take advantage of victims that do not have the protection of an experienced accident attorney.

About Florida’s Comparative Negligence Laws

Florida’s comparative negligence Statute 768.81 states that more than one driver can hold some level or percentage of responsibility for an accident. This law might seem fair but it leaves room for insurance companies to abuse it by trying to unfairly shift some or all of the responsibility for the accident to the cyclist. The real problem for cyclist victims that do not have an experienced attorney to negotiate or argue against the insurance company’s claims, is that the insurance company could escape without paying for any damages by convincing you or a court that you were more than 50% responsible for the accident.

About Florida’s No-Fault Laws

The other Florida law to be aware of is Florida statute 627.7407. This law is commonly known as no-fault insurance. These laws require all drivers to carry a minimum of $10,000 in personal injury protection insurance, (PIP). Surprisingly, this law also applies to cyclists that do not posses a Florida Driver’s license. If the cyclist does have PIP insurance, their own insurance PIP coverage would cover at least the first $10,000 of their medical expenses, lost wages and damage to personal property. Losses exceeding their policy’s limits can then be claimed against the insurance provider of the at-fault driver.

If you or a loved one was the victim of a bicycle accident, speak with our Jacksonville bicycle accident lawyers. Our initial case review is free and if you ask us to represent you, there are no out of pocket costs for our representation. We don’t get paid until you get paid.

As personal injury attorneys, we have help thousands of clients identify all of the costs and losses associated to their bicycle accident. Often, our clients are unaware of the different damages they are allowed to claim under Florida law. We explore the true damages and how they have and will affect your life. Below are the key areas of compensation that Florida allows bicycle accident victims to make claims for compensation. We carefully examine these areas for every client as we build their accident cases and calculate a fair and proper claim.

• Pain and Suffering: Damages for pain and suffering can be relative but their are widely accepted formulas that the legal community and courts accept. Factors include the pain that you suffered after your accident and any medical conditions that will adversely affect you for the rest of your life. Emotional suffering, stress and mental anguish may also be considered.
• Medical Care Costs: Serious injuries are common for victims of bicycle accidents that not only require extensive medical care initially, they can require long term care and rehabilitation. Medical care costs can also include the costs of transportation. You are entitled to claim all of these costs.
• Loses of Personal Property: Any property from your bicycle to items you may have been carrying on your bike and all personal safety equipment can be considered as personal property that you can claim losses for.
• Income Loses: It is common for victims of bicycle accidents to miss work. Sometimes just a few days but recovering from serious injuries can require weeks and even months of rehabilitation and recovery. In some cases, victims may no longer be able to perform the physical tasks they were able to perform before their accident and must change jobs which can adversely affect their earning power. You are entitled to claim all income losses beginning the day after your accident and throughout the rest of your life.
• Punitive Damages: Punitive damages can be ordered by the courts if the other driver was driving in an extremely reckless manner when they accidentally or intentionally caused the accident.

If you were involved in a bicycle accident, contact our Jacksonville bicycle accident lawyers. We are experts in identify the true damages of accidents and work very hard to recover all of them. Our initial case review is free and there are no out of pocket costs for our representation. We only get paid if you get paid!

How Much Time Does It Take To Receive Compensation For Damages?

Our Jacksonville bicycle accident lawyers always work very hard to negotiate a fair settlement with the at-fault driver’s insurance company as quickly as possible. We understand that the costs of an accident can weigh very heavy for victims and agreeing on a properly calculated settlement that includes all of the damages that our clients are entitled to is always the fastest way to receive proper compensation. When a settlement is agreed upon, compensation can be received in as little as 60 to 90 days but formalities can cause delays.

For more complex cases, usually the cases that involve serious injuries or very large claims, it is common for insurance companies to do everything they can to delay settling in an effort to reduce their liability. delays such as witness interviews, and other delaying tactics can be used to slow a settlement. In such cases where the insurance company simply will not agree to a reasonable settlement, our Jacksonville bicycle accident lawyers’ only option is to take the case to court.

The process of a lawsuit is inherently slow as it involves a number of stages that each party is allowed time to complete. There are also many legal maneuvers that insurance companies can use to slow the progress of a case. And after a verdict is rendered by the court, the loosing party has up to nine weeks to file post-trial motions. The loosing party could also wait until the last minute and to ask for a new trial or appeal the court’s decision to a higher court which then has to be scheduled and starts the process all over. While taking a case to court is sometimes the only way to get our clients the compensation they are entitled to, it is also a drawn out process that can take years for our client to receive proper compensation for their damages.

Our goal with every client is to advise and guide them based on the unique aspects of their case and the actions that are most likely to achieve the best possible outcomes in the least amount of time. And whether we settle or take a case to court is always up to our client.

What To Do When the Insurance Company Offers You A Big Check To Settle.

Chances are, the insurance company is quickly offering you a large check because they know that many people will accept it without knowing that they were likely entitled to much, much more. Accepting and agreeing to a settlement amount without fully understand what the law allows you to claim is usually a bad idea. Most people have little if any knowledge of the compensation they are allowed to claim or how to calculate such a claim. As with any large financial decision, it is best to seek the advice of an experienced Jacksonville bicycle accident lawyer who can help you evaluate all of your damages and formulate a claim that properly compensates you for your damages.

Our personal injury attorneys represent accident victims every day. We are very familiar with Florida’s laws and we will explain what areas of compensation you are allowed to claim and the widely accepted methods of calculating a claim. Being represented by an attorney also levels the field. We know how to negotiate with insurance companies and they know that we know how to prepare a legitimate claim. Contact McGRATH GIBSON LAW to assure that you are properly compensated for your damages.