Listly by Matthew A. Dolman
Dolman Law Group handles bicycle and pedestrian accidents throughout the State of Florida
Bicycle accident injuries are unfortunately all too common in Florida. Each year, several cyclists are seriously injured when motorists fail to share the road safely. Lawsuits involving bicycle accidents involve several unique aspects such as: Accident reconstruction Roadway design as it relates to bicycle riders Bike design and manufacturing issues Florida vehicle laws pertaining to [...]
There are many bicyclists on the Pacific coast due to the very comfortable climate and the cultural and environmental atmosphere. However, Southern California areas in and around Los Angeles like Venice Beach, the southbay, Malibu, Huntington Beach and the City of Angels are not always places were motor vehicles and bicycle riders share the road "in peace" and this leads to bicycle accidents more often than it should.
You've probably heard that once you learn how to ride a bicycle, you never forget. That may be true, but if it has been a few years since you've ridden, you may need a refresher course. Bikes themselves have changed structurally, plus there have been myriad improvements in safety gear and designated bike paths, as [...]
In Florida, the bicycle is legally defined as a vehicle and the bicyclist is a driver. Bicyclists have the same rights to the roadways[1], and must obey the same traffic laws as the drivers of other vehicles. These laws include stopping for stop signs and red lights, riding with the flow of traffic, using lights at night, yielding the right-of-way when entering a roadway and yielding to pedestrians in crosswalks.
The Florida Pedestrian and Bicycle Strategic Safety Plan, prepared by The Center for Urban Transportation Research at the University of Southern Florida, provides that the 2011 Florida pedestrian fatality rates were nearly double the national average and bicycle fatality rates were nearly triple the national average. Based on the National Highway Traffic Safety Administration (NHTSA) Traffic Safety Facts reports, Florida had the highest pedestrian fatality rate among all states in 2011, 2.60 pedestrian fatalities per 100,000 persons. While the Florida pedestrian fatality rate declined slightly in 2011 compared to 2010, the bicycle fatality rate increased from 0.40 fatalities per 100,000 persons to 0.63. Further, Florida represented six percent of the U.S. population in 2011 but accounted for 11 percent of all U.S. pedestrian fatalities and 17.4 percent of all U.S. bicycle fatalities [1].
Florida leads all other states in the US for the number of deaths from bicycle crashes due to 12 months of good riding weather & the vast number of cyclists.
Following a bicycle accident, an injured victim may not know what to do. Once your injuries are stabilized, it is always a good idea to contact a bicycle accident lawyer who can help you in the following ways:
Thousands of people ride bicycles every day for both recreation and as a way to get from place to place, and Florida’s famously warm climate allows people to ride bicycles through much of the state almost year-round. No reasonable person would take issue with the fact that riding a bicycle is a healthy, cost-efficient, and environmentally friendly way to get from place to place. While these facts are true, it is also true that cyclists put themselves at risk of serious injury every time they take to the road. This is particularly true in areas where cars and bikes are in close proximity, which is often the case in places like St. Petersburg.
With year-round warm temperatures and sunny weather, biking season lasts all year in St. Petersburg, Florida. St. Petersburg also boasts a number of bike trails, and the entire State of Florida comprises almost 825 miles of coastline, presenting many opportunities for bikers and cyclists. Most bicycle accidents occur as a result of the negligence of a motor vehicle driver. If you or someone you love has been injured in a bicycle accident caused by someone else’s negligence, you may be entitled to monetary compensation under Florida law.
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Bicyclists must take precautions
Spring is almost here making it a good time for bicyclists and pedestrians alike to begin to take extra precautions. With the warmer weather of spring, there will be even more bicyclists which, in turn, leads to an increase in vehicle versus bicycle accidents.
Even in a minor collision, the bicyclist is in danger and susceptible to serious harm and injury.
For those who are driving, it is important to know and understand the laws that protect bicyclists:
If you or someone you know has suffered an injury as a cyclist caused by a motorists’ negligence, faulty road conditions, or a poorly designed bicycle please contact the personal injury attorneys at Dolman Law Group for a free consultation and case evaluation. (727) 451-6900
Car accidents can be frightening, and the sounds of a crash can haunt you for months to come. The crunch of metal, the ping of impact, and the shattering of glass will be ingrained in your memory, but it is seldom understood to be a blessing in disguise. From seat belts, airbags, and shatterproof glass to their impact absorbing structure, vehicles are designed to keep you safe from traumatic injuries. Pedestrians, however, are afforded none of these protections, and even a slight impact from a two-ton vehicle may cause traumatic injuries or even death.
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https://www.dolmanlaw.com/legal-services/pedestrian-accident-attorneys/
Bicycle accidents can cause severe injuries – some of which will last a lifetime.
Immediately After an Accident
The immediate aftermath of any traffic accident is confusing, chaotic, and overwhelming. By knowing what to do, you can keep control of the situation, ensure your health and recovery, and protect your legal interests, as well.
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Bicycle accidents are a major public health risk for residents of Florida. According to the Centers for Disease Control and Prevention, Florida has the highest rate of bicyclist deaths of any state in the nation. Worse still: while most states have been able to make major reductions in the number of cyclist deaths over the past thirty years, Florida had the second-worst improvement of all fifty states.
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Proving Liability before Proving Damages
For the injured bicyclist to recover damages for injuries sustained in a bicycle accident that was caused by a motor vehicle driver, the injured cyclist must ordinarily prove negligence on the part of the at-fault driver. Specifically, the injured cyclist must prove that the driver breached the duty to act in a reasonably prudent manner under the circumstances and that this breach factually and proximately resulted in the cyclist’s injuries and damages. In some cases, the at-fault driver’s insurance company may simply stipulate to liability—or accept fault for the underlying bicycle accident.
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It’s every parent’s worst nightmare: your child is involved in an accident. Even worse, your child was riding a bicycle when they were struck by a car. What are you supposed to do? After taking a deep breath, follow these steps to help your child recover from their injuries.
Get Medical Treatment
If your child is seriously injured, then you should call emergency services (9-1-1). Try to stabilize your child so that they don’t move around too much, which can only make their injuries worse. For example, any injury to your child’s spine is serious, but your child might be able to recover if the spinal cord itself isn’t damaged. Rolling around on the ground can aggravate a spinal fracture and cause it to become something much worse. If possible, place heavy towels on either side of the neck to keep your child still.
Florida bike accidents can result in very serious injuries that require long periods of medical treatment, physical therapy, and missed time from work. If you have sustained injuries in a bike accident, you may be able to recover monetary compensation – not only for your medical costs and lost wages, but also for your pain and suffering, inconvenience, emotional distress, and lost quality of life.
Your most important priorities after sustaining serious injuries in a bike accident should be seeking medical treatment and recovering physically. You should let the knowledgeable Clearwater bike accident lawyers at Dolman Law Group handle the legal end of your case, while you focus on your recovery.
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Statistics Show Danger for Florida Pedestrians
Smart Growth America is a Washington, D.C.-based organization that advocates for walkable cities. The 2016 Dangerous by Design report, the fourth the group has released, examines the most dangerous for pedestrians in America. Smart Growth uses a “Pedestrian Danger Index,” or PDI, to calculate the share of commuters who walk to work and the most recent data on pedestrian deaths.
With Florida leading the list of most dangerous states, the top seven most dangerous metropolitan communities in America also belong to Florida. Tampa, St. Petersburg, and Clearwater ranked seventh on the list, with 821 pedestrian deaths between 2005 and 2014, or 2.88 pedestrian fatalities per year per 100,000 residents.
Florida is not alone when it comes to pedestrian deaths. The report found that between 2005-2014, Americans were 7.2 times more likely to die as a pedestrian than from a natural disaster. An average of 13 people were struck and killed by a car every day while walking during 2014 alone.
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Heading out onto the road is dangerous enough with the protection of a car. Being on the road as a pedestrian is even more hazardous—especially in Florida. A recent study found that seven of the ten most dangerous cities for pedestrians were in Florida. Often, poor pedestrian infrastructure is the cause. Cities with high-traffic streets and poor arrangements for pedestrians can make it more difficult for pedestrians to cross safely, leading to potentially unsafe behaviors. Low-income areas are also at higher risk for pedestrian troubles.
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Florida is the Worst State for Bicyclists
However, there are some parts of the country where bicyclists are more at risk of being involved in a bicycle accident. Florida is officially the most dangerous state in the entire country for bicyclists. Our state is home to the top four cities with the highest bicycle accident fatalities. According to a study done by the Wall Street Journal, The Tampa Bay metro area is the most deadly area in the country for bicyclists. The following three cities include Jacksonville, Orlando, and Miami all occupy the second, third, and fourth spots respectively.
Florida Bicycle Accident Statistics
The National Highway Traffic Safety Administration or NHTSA keeps track of the number of cyclists fatalities both overall and per each state. Their records show that nationwide there were 840 bicycle accident fatalities in 2016 which apparently is a 35% increase from 2010. Of those 850 fatalities. Of all those fatalities, Florida contributed 138 while California had 147 and Texas 65. The rest of the states did not even manage to break 50 in terms of bicycle fatalities.
While Florida’s cyclist death numbers were surpassed that year by California (the previous year Florida had 150 and California 129), Florida has consistently remained the state with the highest rate of bicyclist fatalities per capita. California’s population is roughly double that of Florida’s with 39.5 million people versus Florida’s 21 million. Despite this massive difference in population, Florida still has a grievously high ratio of people dying in bicycle accidents compared to any other state. Florida’s bicycle fatality per capita rate is currently somewhere between 6-7 people per 100,000.
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Florida Lyft Bicycle Accident Aftermath
Florida, as of this writing, has a no-fault accident law, which requires vehicle owners and drivers to purchase their own $10,000 in Personal Injury Protection (PIP), $10,000 of Bodily Injury Liability, and $10,000 in Property Damage Liability. When you’re riding a bike, however, there is a good chance that you don’t have motor vehicle insurance. Therefore, your only option could be to pursue a claim against the negligent Lyft driver. This driver will have his or her own personal policy limits.
Florida’s New Ridesharing Law
Under Florida’s new rideshare driver laws, each driver must have a minimum of $1 million in liability coverage (which extends to personal injury, death, and property damage). Even when the driver is off-duty, he or she must have at least $50,000 in personal injury or property damage liability coverage on the vehicle. The limits that apply to your case depend on whether a defendant driver was working (i.e. waiting for a new fare, going to pick up a new passenger, or transporting a passenger). It’s important to hire a qualified attorney with direct experience in handling claims against Lyft drivers before talking to any insurance company about your personal injury claim.
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Children often love to ride bicycles, and your child is no different. Whether he or she prefers riding in the safety of your driveway, at the park, or out on the open road, riding a bike has an inherent risk of injury. While you may assume scraped knees and hurt confidence are your biggest worries, bike rides can end in serious injury and tragedy, depending on the circumstances. Whether your child rides across the road without looking both ways or a distracted driver speeds around a blind corner, serious accidents can result. Do you know what to do if you child is hit by an automobile while riding his or her bike?
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As one can imagine, getting hit by a vehicle moving at high speed will probably do a lot a damage. A pedestrian is completely exposed and vulnerable to damage from a vehicular source. The injuries incurred from this kind of accident are severe, to say the least. Many pedestrian accident victims are injured quite horribly to the point that they suffer damage that disables them for the rest of their lives. This kind of accident’s reputation for causing especially serious damage to those involved deserves some scrutiny on the how and why these injury victims get hurt so badly.
Those who have been severely injured because of a pedestrian accident where they were struck by a vehicle have the right to seek compensation for their injuries when the at-fault driver was negligent. By hiring an attorney experienced in fighting for those injured by negligent drivers while they were walking, a pedestrian accident victim can focus on recovering.
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As a parent, you want to encourage your child to ride a bike. It provides a great physical activity that gets your child outside and enjoying the sunshine. Unfortunately, bike riding—especially bike riding in the street—is not without its hazards. In Pasco County, where New Port Richey is located, 434 bike accidents took place during the last three years, leaving 413 injured and 12 dead.
If your child is hit by a motor vehicle while riding a bike, do you know how to respond? Can a child be at fault? Is the driver of the car automatically considered responsible for your child’s injuries?
Read on for some tips that may help you think clearly if this emergency ever happens to you and your child.
A September 2018 report in the Wall Street Journal analyzed the most recent data from the National Highway Traffic Safety Administration (NHTSA) and found the Greater Tampa Bay area as the most dangerous place to ride bicycles in the nation, with Pinellas County as the deadliest of all area counties. The data from the NHTSA show that bicycle accident fatalities increased about one third from 2010 to 2016 and the fatality rate in Florida was more than 50 percent higher than the next highest state. The Tampa region’s fatality rate was 7 percent, almost a point higher than Florida’s 6.2 percent rate.
Analysts report the high bicyclist fatality rates in the area are due to dense population, a large population of elderly drivers, and tourists who are distracted because they are unfamiliar with local roads. It should be noted that the Wall Street Journal article relies on NHTSA data during a 10-year period to label Pinellas County as “The Most Dangerous Place for Bicyclist in America,” but the five-year analysis and recent data tell a different story. Regardless, the general trend has been a yearly increase in accidents involving cyclists, making biking in the Tampa area, including Pinellas County, a persistently risky proposition.
In this article, we examine popular bike routes in Pinellas County and some the ways that local government officials have responded to dangerous cycling conditions in the area. We also discuss common bicycle accident injuries and their potential risks for cyclists in Pinellas County. Finally, we discuss the steps to take if you or your child have been involved in a bicycle accident.
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Clearwater injury attorney Matthew Dolman, is a highly regarded advocate for injury victims. He was selected by his colleagues as a Florida Superlawyer published by Thompson Reuters. Matthew is a lifetime member of the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum.
Matthew handles personal injury claims throughout the State of Florida.