Pensacola Bicycle Accident Attorneys

Florida’s sunny climate and flat terrain are ideal for riding bicycles, but due to factors such as lack of designated bicycle lanes and the large number of tourists riding on unfamiliar roads, bicycle accidents are a major problem. Because cyclists have no protection in a crash, accidents involving bicyclists often result in serious injuries or death. Survivors may be left dealing with tremendous pain and suffering, and mounting medical, hospital, rehabilitation, and household bills, at a time they are unable to work.

If you or a loved one has been injured or someone has died in a bicycle accident due to another party’s negligence or fault, you may be entitled to compensation through insurance or a lawsuit. However the situation is complicated since Florida’s no-fault insurance law limits the ability of bicycle accident victims to take legal action against the at-fault driver; and to go beyond no-fault, specific conditions must be met. Insurance companies often try to minimize claims, make it seem like the accident was the fault of the bicyclist, or deny claims altogether.

Fortunately, you do not have to fight for fair compensation on your own. There is legal help available from the skilled Pensacola bicycle accident attorneys at Caldwell Wenzel & Asthana. We know the laws, the tactics insurance companies use to avoid payment, and how to fight for the settlement you deserve.

We offer a free, no-obligation consultation to determine the best way to handle your case, so call us today.

Why Choose Our Bicycle Accident Lawyers in Pensacola?

After a serious bicycle accident in Florida, it is especially important to have a knowledgeable attorney working for you, due to the state’s modified comparative negligence rule. This rule reduces compensation based on degree of fault; if you are found to be more than 50% at fault for the accident, you may be barred from receiving any compensation at all. As a result, you should look for an attorney who has the essential knowledge, experience, and resources to investigate and prove another party negligent, negotiate a fair settlement, and litigate your claim if necessary.

Here are some reasons to choose Caldwell Wenzel & Asthana to represent you:

• Our seasoned attorneys have the necessary experience. Attorneys C. Randall Caldwell, Jr., and Drew Wenzel and Dee Asthana have more than 25 years of combined legal experience and a long record of success both in and out of the courtroom.
• We have proven case results, getting the largest payouts possible, such as an $8 million medical malpractice case.
• We are highly recommended by many satisfied clients and offer an attorney referral program, receiving referrals from colleagues, past clients, lawyers, and judges.
• We know how to deal with insurance companies and how to negotiate to settle most cases out of court, but we are also successful litigators, fully prepared to take your case to trial.
• We offer free, no-obligation consultations, and there are no fees to you unless and until we win your case.

We are fully committed to our clients and fighting to get them the best settlement possible.

How Do Florida’s No-Fault Insurance Laws Affect Bicycle Accidents?

Florida is a no-fault insurance state and requires drivers to carry Personal Injury Protection (PIP) coverage.  PIP coverage provides immediate medical and wage loss benefits to the policyholder, regardless of who is at fault. If you are a cyclist hit by a car, and you have PIP insurance coverage yourself, you can file a claim through your own car insurance policy. If you do not have this coverage, you may be able to make a PIP claim against the driver’s insurance policy.

However, PIP coverage has its limitations and does not fully cover all medical expenses or lost wages. In cases where injuries are severe or a wrongful death occurs, bicyclists may receive a much better settlement through a personal injury lawsuit.

Damages You May Recover After a Bicycle Accident

Florida law allows you to go beyond no-fault and file a lawsuit if you have suffered serious injuries (such as scarring, disfigurement, or loss of bodily function) due to another party’s negligence or fault. In a successful case, you may receive compensatory damages that cover all costs and losses you suffered from the accident — both your economic and noneconomic damages:

Economic damages are for your monetary losses, such as:

• Medical and rehabilitation costs, current and future
• Modifications to your home or vehicle, such as to accommodate a wheelchair
• Property damaged in the accident
• Lost income and future income if unable to work.

Non-economic damages are those that do not have a specific dollar value but negatively impact your quality of life and may include:

• Physical and emotional pain and suffering, depression and anxiety
• Loss of quality of life and consortium
• Permanent disability.

In some rare cases, where the responsible party acted with extreme recklessness or malice, you may also receive punitive damages, meant to discourage this type of behavior.

There is a wide range of damage amounts you could receive for a bicycle accident, depending on factors such as how the accident occurred, the severity of the injuries, the degree of fault and the clarity of liability, and the available insurance coverage and assets of the defendant. The knowledge and investigative and negotiating ability of your attorney are also factors.

Proving Fault in a Bicycle Accident

To win your bicycle accident case, your attorney must be able to show that another party was negligent and at fault for causing the accident that injured you.  Proving negligence legally involves showing the existence of the following legal elements:

• Duty: The defendant owed you a duty not to cause harm.
• Breach: The defendant breached that duty through actions or failure to act.
• Cause: This breach caused the accident that injured you.
• Damages: You suffered damages as a result.

Under Florida law, a person lawfully operating a bicycle, motorcycle, scooter, or moped on the roadway is defined as a vulnerable road user. Other motorists must act responsibly and use special care to avoid causing harm to these vulnerable individuals. For example, Florida Code 316.1995 prohibits motor vehicles from being driven on bicycle paths or sidewalks. Motorists must also yield to bicyclists making a turn just as they would yield to another motor vehicle, but collisions when a motor vehicle is making a right or left turn in front of a bicycle are extremely common.

Other common causes of bicycle accidents that may be another party’s fault include:

• Intersection accidents, when a driver fails to yield the right of way to the cyclist or doesn’t see them at all
• Dooring accidents where a bicycle is hit when a driver doesn’t look and suddenly opens their door into the path of an oncoming bicyclist
• Rear-end collisions, when a distracted driver strikes a bicyclist from behind
• Road problems, where debris left on roads or, unrepaired potholes or cracks cause the bicyclist to crash.

How Our Pensacola Bicycle Accident Lawyers Work for You

After a serious bicycle accident, it is essential to get legal assistance as soon as possible to avoid making costly mistakes and to start investigations quickly while evidence and witnesses can be found. When you retain Caldwell Wenzel & Asthana, we begin working for you immediately.  We will:

• Meet with you to hear how the accident occurred, determine who the at-fault parties may be, and estimate what your case is worth
• Ensure that you get proper medical treatment and that all injuries are documented
• Take care of all paperwork and court filings in a timely manner
• Investigate the accident to gather and preserve evidence, such as from damage to the bicycle and other vehicles, traffic photos and videos, police reports and medical records, and interviews with witnesses and first responders
• Hire experts in accident reconstruction and life-care to determine fault, calculate all damages, and estimate the costs and effects of your injuries into the future
• Handle all communications and negotiations with insurance companies and opposition attorneys for a fair settlement
• Prepare your case for trial and advocate for you in court if a settlement can’t be reached through negotiations.

Our attorneys will be there for you throughout the entire process, answering your questions and keeping you informed.

Get Help from Our Experienced Motorcycle Accident Attorneys

The Pensacola personal injury bicycle accident attorneys at Caldwell Wenzel & Asthana know how devasting a bicycle crash can be, and we have the skill, experience, and commitment to obtain the best possible settlement for you. Let us take the burden off you and handle all legal requirements, so you can concentrate on your recovery.

Do not delay, as Florida has a statute of limitations for filing. According to the law (FL 95.11), you generally have two years from the date of the accident to file a claim or the courts are likely to refuse to hear your case. Put us to work for you now.