Car and Bicycle Collisions in Miami

One of the best things about the Miami area is the weather. Many people take advantage of the nearly year-round sunshine by getting outside and riding a bicycle to work, for pleasure, or to run errands. While cycling is a great form of exercise, riding a bike along busy streets in Miami-Dade County can be dangerous. When a car and a cyclist collide, the cyclist often sustains severe and life-threatening injuries. In addition to the cyclist, the driver of the car may be hurt if he or she swerves to avoid a cyclist and crashes into another car or object. If you were injured in such a crash, the Miami car-cyclist collision lawyers at Gerson & Schwartz, P.A. will review your case and work to get you the compensation you deserve after being hurt.

Miami-Dade County is one of the most deadly counties for cyclists in Florida. In many areas, there are no bicycle lanes, and bicycle riders must share the crowded roads with speeding vehicles. Because bicycle riders are unprotected by the heavy shell of a motor vehicle, car-bicycle accidents often result in serious injuries or death.

When driver negligently strikes a cyclist, the bike rider often suffers severe injuries. These injuries frequently include:

• Head and brain injuries,
• Spinal and neck injuries and fractures
• Broken arms and legs,
• Facial lacerations, broken teeth, and facial fractures,
• Bruises, scrapes, road rash, and other lacerations, and
• Death.

The severity of these injuries often depends on the size and speed of the vehicle that struck the cyclist.

While the bicyclist in a car-bicycle collision is often the most seriously injured, this does not mean that the cyclist is always blameless in a crash. Like any motorist on the road, bicycle riders have a duty to follow the traffic laws and avoid dangerous maneuvers. When a bicyclist’s actions cause or contribute to a crash, the driver of the motor vehicle involved may also be able to recover damages for any injuries sustained in the collision.

Florida requires motorists to have PIP or no-fault insurance coverage. This means that when a person is injured in a car accident, his or her auto insurance will cover medical bills and other expenses. This type of system is meant to ensure that an insured driver will be covered in case of an accident, regardless of whether that accident happens in a car, on a bike, or while walking down the road.

At first, this rule may not make sense. After all, a person is not required to have car insurance (or any other type of insurance) to ride a bicycle. However, the auto insurance system in Florida is set up so that whenever a vehicle is involved in a collision, auto insurance rather than health insurance will pay the injured person’s medical costs.

When an injured cyclist does not personally carry auto insurance, receiving compensation for injuries becomes more complicated. The first option for an injured cyclist without insurance still comes from that person’s household. If a spouse, parent, or other family member lives in the same house and does carry car insurance, that coverage may also apply to the injured cyclist.

If the injured cyclist lives alone or no one in the household has insurance, it can be difficult to find compensation. In cases of catastrophic injuries or death, the injured cyclist may be able to seek damages from the driver if the driver’s negligence caused the accident. Alternatively, if the cyclist was injured by a hit-and-run driver or an intoxicated driver, he or she may be eligible to receive money from the state’s Crime Compensation Trust Fund. However, if none of these situations apply, the injured and uninsured cyclist may be required to pay for medical bills and other costs out-of-pocket.

Dealing with the insurance companies can be a difficult task after an injury. At Gerson & Schwartz, P.A., our attorneys will work with the insurance companies on your behalf, so that you can focus on healing. If you were injured in a car-bicycle collision in Miami, schedule a free consultation with our office today. We can review your case and help you understand your options and legal rights. To get started, call (877) 475-2905 now.