South Florida cars, trucks and motorcycles often share the road with bicyclists.  Common causes of bicycle accidents include jaywalking pedestrians, dangerous road conditions, potholes, metal plates, ground-level hazards, swinging car doors, reckless motorists, and intoxicated motorists.

Bicyclists have the same rights and responsibilities as motor vehicle drivers.  As a bicyclist you must yield to pedestrians, use the required lights and reflectors at night, and stay as far right on the road as possible.  If you are in a bike accident, and you are partially responsible for causing the accident, "apportioned liability" will apply.  The insurance adjuster or jury will decided, based on the evidence, what percentage of the accident they believe is your fault and then award you money for the percentage of the accident that wasn't your fault.  For example, if a jury decides your injuries justify a payment of $500,000 by the insurance company, but based on the evidence of your case, they determine you are 30% at fault for your injuries because you weren't riding your bike as far to the right of the road as possible, you will win a total of $350,000 for your case.

This is why it is very important to hire an attorney that has extensive legal experience AND a history of courtroom wins.  Reese Harvey has been practicing law for over 13 years.  He successfully minimizes his client's percentage of "apportioned liability" by gathering and presenting all the necessary evidence to insurance adjusters and jurors.  Additionally, Reese has conducted over 100 trials.  He is comfortable and confident in the courtroom, and he knows how to strategically "read" and select a jury that will be receptive to the evidence in your case.

Call The Law Offices of Reese Harvey today at (561) 691-4511 for a free, no obligation consultation to discuss your legal rights and necessary course of action to recover money for your injuries.

BICYCLE ACCIDENT FAQs

• I was hit by a car while riding my bike.  Can I sue the other driver?  Yes. If the driver of the car who hit you has an automobile insurance policy with bodily injury coverage, you can make a claim against their insurance company.
• Can I sue if I wasn't wearing my helmet?  Yes.  Florida law states that anyone 17 years of age or older does not have to wear a helmet while riding a bicycle.  If not wearing a helmet did not cause or make your injuries worse, your recovery might not be reduced by the fact that you didn't have head protection. For example, if only your legs are injured, your failure to wear a helmet might not change the amount of money your recover.  We use the word "might" even if not wearing a helmet doesn't affect your injuries because sometimes an insurance adjustor or jury might have a prejudice against a bicyclist who chooses not to wear head protection.  That's why it is important for you to hire a lawyer with extensive experience in and out of the courtroom.  Attorney Reese Harvey has tried over 100 cases in court and knows how to force adjusters to value your case based on the evidence and select a jury that will award you the highest amount of money for your case.
• Am I required to use lights while riding my bike at night?  In Florida, between sunset and sunrise, bicyclists are required by law to use a white light on the front of their bike that can be seen from 500 feet away.  A red light and red reflector that can be seen from 600 feet away are required on the back of the bike.  
• Do I have a case if the motorist never hit me?  Yes.  Even if a car doesn't actually hit you, a motorist can be held liable if their negligence required you to take evasive action that resulted in injury.

• The car that hit my bicycle ran from the scene of the accident.  What do I do now?  First see a doctor immediatly to be checked for injuries.  If possible, get the name and contact information of any witnesses; call the police and file a report; take pictures of your injuries, your bike and the scene of the accident; and write down everything you remember about the accident including the time of day and weather conditions.  At The Law Offices of Reese Harvey we work with a team of experienced investigators that may be able to find the car that caused your injuries.  If we are able to find the person responsible for your injuries we can sue their insurance for damages.  If the driver of the other car is never found, or is found but is uninsured or underinsured, your own uninsured motorists protection policy may cover you in this type of accident.  

* The answers to these questions are not legal or medical advice and should not be relied upon or used as a basis for any particular course of action.  Feel free to call The Law Offices of Reese Harvey.  We will be happy to answer your questions and explain your rights.