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Bicycle Accident Attorney

Intro

Have you or a loved one been involved in a bicycle accident? Are you looking for legal advice? If yes, then you have come to right place. Attorney Seth Green has a track record for success and always provides free consultations to prospective clients. We are not a factory-style law firm. We are the real-deal, provide personalized attention and treat you like a client, not a case file.

Common Causes of Bicycle Accidents & Potential Defendants:

  1. Automobile Negligence: Motor vehicle verse bicycle collisions are the most common type of bicycle injury claims we handle. Typically, these types of crashes occur when a motorist is exiting a parking lot or merging onto a main roadway, and neglects to watch for cyclist crossing their path of travel. Fault for this type of claim usually rest with the motorist because they have a duty to yield to oncoming traffic. Cyclists are allowed to operate on the road, in the bike lane and even on the sidewalk. It is the duty of the motorist to yield to the cyclist so long as the cyclist is also following the rules of the road.
  2. Road Defects/Hazards: Florida slowly is becoming more bicycles friendly; however, our major infrastructure typically is NOT bicycle friendly. With that said, cities, municipalities, and even private property owners (i.e. neighborhoods, shopping plazas, etc.) have a duty to maintain their roadways (and sidewalks) in a reasonably safe condition for cyclist. Unsafe road hazards such as potholes, uneven sidewalks, protruding tree stumps, overgrown foliage,missing lights, and the like are common causes of bicycle accidents.
To win a road hazard bicycle accident case, the injured party must prove (1) an unreasonable hazard existed, (2) the property owner knew, or should have known, about the hazard, and (3)as a result of the hazard the party sustained damages.
Attorney Green has successfully handled bicycle accident cases involving road hazards. As an example of one of his past bicycle cases, Attorney Green prevailed against the City of Boynton Beach for failing to maintain a sewer grate on a roadway frequented by cyclist. In that case, Mr. Green took the deposition of Florida Department of Transportation’s Bicycle Division’s Engineer and uncovered extensive facts about the duty the government owes to cyclist.
  1. Rider Negligence: Cyclist sharing the roadway has the same rights (and responsibilities) as the other motorist on the roadway. Cyclist riding against the flow of traffic, running stop-signs or traffic lights often lead to accidents. If a cyclist disobeys traffic laws, they may be guilty of “contributory negligence” which can reduce the value of their claim.
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The Green Injury Law
Firm Advantage

Seth P Green, ESQ

"I stand by my family name by providing each client personalized attention, compassionate attorney-client communication combined with a strategic and aggressive attack plan."

- Seth Green, ESQ.

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Family run business. We put our heart and soul into every single case.

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Hire our firm and get direct access to Attorney Green from start to finish.

What Our Clients Say

Recoverable Damages

There are five (5) types of damages that are recoverable in bicycle accident cases which are enumerated below.
  • Past Medical Bills
  • Future Medical Bills
  • Lost Wages
  • Pain and Suffering
  • Property Damages
Click here to learn more about calculating the damages in your case. Please see our FAQ page to learn more about how much your case may be worth.

Common Defenses To Bicycle Accident Cases

Insurance companies hire defense lawyers in an attempt to minimize the compensation paid out to injured parties. Below is a list of common defenses we see the insurance carriers utilize in an attempt to devalue bicycle accident claims.
  • Comparative Fault: Sometimes it takes two-to-tango. Accidents are not always one sided. If it can be proven that the cyclist was partially responsible for the accident, thentheirpayout will be proportionally reduced by the amount of fault attributable to the cyclist. For example, if the cyclist ran over anpothole; however, the cyclist clearly saw the pothole and could have avoided injury, it may be said that the cyclist was 25% at fault for the accident. If the cyclist’s damages were $100,000, that award would be reduced by $25,000 (due to the cyclist’ negligence), and the cyclist would recover $75,000 in damages. It should be noted that there is a complete bar of recovery if it is found that the cyclist is greater than 50% at-fault for the accident.
  • Pre-Existing Injuries: The defense likes to dig up past medical records in hopes of finding the injury complained of by the cyclist pre-dated the crash. This topic is best explored on a case-by-case basis as each fact pattern is unique. With that said, Florida Law does follow the “Egg-Shell Plaintiff Doctrine” which stands for the proposition that even people with pre-existing conditions can recover damages for their injuries so long as it can be proven that the accident worsened their condition.
  • Lack of Permanent Injury: Typically, cases with permanent injuries are valued higher than cases where the Plaintiff makes a full recovery. No matter how bad the initial injury may seem, of the injuries were not permanent the damages usually are relatively small. Think about it. Even a small permanent injury adds up if you multiply it out by the life-expectancy of the plaintiff. A $5,000 a year injury could easily give rise to a $250,000 settlement if the Plaintiff has a long-life expectancy and needs future medical care. The permanent injury doesn’t have to be huge (or visible to the outside world), but most strong injury claims have some sort of permanent injury and lifestyle change of the injured party.
The best way to proceed after a bicycle accident is to call your trusted attorney at Green Injury Law Firm for a free consultation regarding your potential case. Our firm is committed to recovering the compensation you deserve after any accident.

Frequently Asked Questions

Yes. If you were hit by a car while riding your bicycle, it is considered a “car” accident and you are entitled to use your car insurance benefits. You are entitled to a reasonable amount of time to collect yourself and speak with an attorney first before contacting your auto insurance carrier.

No, a statement is not required. We advise against giving a statement to the other driver’s insurance company.

Yes and no. It makes the case “easier” and “quicker” if the police gave the other driver a ticket. Don’t worry if the officer did not give the other driver a ticket, or if the officer incorrectly gave you a ticket, we can navigate that battle for you.

Click here to learn more about how we prove fault after a car accident.

If you were involved in a bicycle v. car accident, believe it or not, your own car insurance will pay for the first $10,000 of medical bills. If you don’t have car insurance, then the other driver’s car insurance will cover your medical bills. 

In the event you were injured in a bicycle accident, in which no motor vehicles were involved, your medical care will be covered by health insurance or self-pay. Our law firm would than pursue the responsible party at the end of your treatment and pursue a payout taking into account your accrued medical expenses and other non-medical damages.

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Florida law prohibits an insurance carrier from increasing your premiums following an accident claim so long as you were not at-fault for the accident.

33.33% of the total settlement if the case settles before a lawsuit is filed. The fee is 40% if the case goes to court.

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Car Accident cases typically take 3 months to 3 years to resolve. We strive to conclude all our cases within 9 months but are willing to wait the full life-cycle in order to get the best results. The duration of your case will depend upon (a) whether fault is contested, (b) amount of policy limits available, (c) length and type of medical care needed and (d) whether a trial is needed.

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This question is impossible to answer without knowing the details of your case. We have drafted general overview of injury claims evaluation which you can read about here.

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