5 Common Bicycle Accident Questions

Were you injured while out on a ride and have questions? Check out these 5 common bicycle accident questions, then contact our Tampa lawyers.

1) How do I choose the best attorney for my bicycle accident claim?

5 Common Bicycle Accident QuestionsHow do you hire the best attorney for your bicycle accident case? You want to make sure, in the state of Florida, that you have an attorney who understands the required coverage because obviously with riding a bicycle, you’re not required to have any insurance. The at-fault driver isn’t necessarily required to have bodily injury coverage in the state of Florida. You want to make sure you talk to an attorney. Research your attorneys; look online; there are several organizations that rate attorneys. Is your attorney a super lawyer? Is your attorney AV rated with Martindale-Hubble? Is the attorney that you’re considering highly rated with Avvo, where different people can get online and rate your attorney? Do your research and make sure you have the best attorney for your bicycle injury case.

2) Who can I sue for my injuries after a bicycle accident?

In Florida, if you’re riding a bicycle and you’re hit by someone driving a motor vehicle, you have a claim against that driver. There are certain requirements of coverage, but there’s no requirement of bodily injury coverage. Because that accident arises out of a motor vehicle collision, if you have uninsured or underinsured motorists’ coverage, you still have a claim and may have to make a first-party claim against your insurance coverage. Since this kind of information and inquiry involves an investigation, you want to make sure that you contact a lawyer whose familiar with auto negligence, bicycle accidents, and insurance law.

3) Can I be partially at fault for a bicycle accident?

If you’re partially at fault for a bicycle accident that arises out of a collision with a car, you can still receive compensation for your injuries. The key is to know what all your injuries are, and then to make sure that you know how the accident is investigated and analyzed, and have a lawyer who can help you investigate that so that you minimize your responsibility and maximize the responsibility of the at-fault motor carrier driver, so that you get maximum compensation. In order to do that, you need to hire a firm that’s familiar with claims involving motor vehicles, bicycles.

4) Does my auto insurance protect me in a bicycle accident?

Recently, we got a call to our firm from someone injured on a bicycle wanting to know if their automobile coverage provided protection to them if they were injured by a motor vehicle driver. Your personal injury protection coverage, because your injury arises out of use of somebody else’s motor vehicle, is going to provide compensation for your medical injuries. You need to seek compensation from the at-fault driver, if there is one, for compensation for your bodily injuries on the whole, and you can get coverage for treatment for your injuries from your insurance company.

5) Do I have a claim if I’m injured on a bike due to a pothole?

Were you injured after hitting a pothole on a bicycle? Do you have a claim for that? That’s a complicated question to answer, but not necessarily impossible. If the pothole is concealed, by being full of water, you probably have a claim. If it’s latent or difficult to see and it should be not obvious to you, which would be a complete defense to a claim, then the maintenance department, usually with the county, for that roadway is going to be responsible for that.

I spoke to someone just last week who had received a check from the maintenance department because they hit a huge hole and it didn’t necessarily cause physical damage, but it caused a lot of damage to their car, to both the tire and the wheel, and it became very expensive, and the county automatically compensated them for that. You do have a claim for physical injury to your cars, or your bicycle, or your motorcycle, but also for any bodily injuries if the pothole is not open and obvious.


Were you or a loved one seriously injured while out on a ride and have questions about bicycle accidents? After reading these 5 common bicycle accident questions, contact a Tampa bicycle accident lawyer at Morgenstern and Herd today for a free confidential consultation and case evaluation. Let our experience work for you.

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