In between doctor's appointments, missed work, and insurance calls, looking for a bike accident lawyer can be a job in itself. Start with these three questions:
- Has this law firm represented clients injured in bicycle crashes?
- Can they explain what evidence your claim needs and how to preserve it?
- Who will be communicating with you as your case progresses?
While being close by is nice, it's more important that the firm handles bike crashes than that it's near your home. No lawyer can guarantee the outcome of your claim. Ask what can be assessed from the evidence and what still needs investigation.
Florida recorded 207 cyclist deaths in 2024, more than any other state, and Broward is one of the worst counties in it.FDOT's own safety plan ranks Broward second in Florida for bicycle and pedestrian deaths and serious injuries. Goldman Daszkal & Stallone represents people hurt in bike, e-scooter, and pedestrian accidents across the county, from Deerfield Beach to Fort Lauderdale. Call our Deerfield Beach office and we'll walk you through what happens at a first consultation.
What Should a Bicycle Accident Lawyer Look Into?
In a collision between a car and a bicycle, witnesses might give conflicting accounts. The driver might claim that you appeared from out of nowhere. You might recall signaling just before you swerved to dodge something in the road. A bystander may have only seen the collision and not what the driver did beforehand. Your lawyer must do more than analyze what occurred at the time of the accident.
They should be asking:
- What could each person actually see?
- Was the driver turning across your path?
- Could a parked car's door have opened?
- Which markings, signs and signals controlled you and the driver?
No two accidents are the same. The type of evidence that you need will depend on the circumstances. You need different evidence if a passing car clipped your bike than if you were hit in a driveway. Photographs of both the car and the bicycle can help show where the bicycle and car made contact. Cameras in the area might also provide footage showing the events preceding the accident.
Collect witness information immediately, since memories fade and witnesses might become unreachable in the future.
At Goldman Daszkal & Stallone, our attorneys investigate the cause of an accident, preserve evidence, consult with medical professionals, and handle insurance companies on your behalf.
When consulting with an attorney, inquire about how they would approach these tasks and what additional information would be necessary to prove your case.
Protect the Evidence You Already Have
Right after a bike accident, focus first on safety and medical care. If a relative or friend is helping, they can gather available records without pressing the injured person to recount the crash immediately.
Once you're ready for your consultation, bring any information you already have as well as a list of the remaining information.
Preserve and organize all digital evidence including any photos, texts, videos or files saved to a bike's data-recording feature, ride app, or camera. These items should not be edited or modified since a longer clip of a traffic collision may include helpful information that a user might leave out of a trimmed and shared video.
Keep witness contact details and the police accident report number. Florida crash reports stay confidential for 60 days, though you and your attorney can get yours. Tell your lawyer about nearby cameras right away, because that footage is often gone within days.
If possible, keep your damaged bicycle, helmet, and gear. They may help explain how the crash happened as well as document property damage. Consult a lawyer before repairing your bike, throwing away parts, or allowing your belongings to be turned over if an insurance adjuster's settlement offer includes payment for your bicycle or other property.
Your first-hand knowledge is key as well. Write down everything you can remember while the memories are still fresh including your location, your direction of travel, and events of the crash. Distinguish what you saw firsthand from what you learned afterward.
Florida Bicycle Laws Can Affect an Accident Claim
Florida bicycle laws generally give cyclists the same rights and duties as drivers of vehicles but there are a few specific exceptions that are important to know.
For a cyclist riding below the normal speed of traffic, the law generally requires using the bicycle lane or, if there is none, riding as close as practicable to the right edge. There are exceptions, including to pass another cyclist, when preparing to make a left turn, to avoid other unsafe conditions or if the lane is too narrow for a bicycle and a vehicle to travel safely in the same lane. So, just because pictures or videos show that the cyclist was riding further away from the curb does not tell the whole story.
Tell your attorney about details that may not help your case, too. Road position alone does not establish fault; the surrounding conditions and each person's actions matter.
Florida section 316.083 addresses when a motorist is overtaking a cyclist traveling in the same direction. When passing a bicycle in the same travel lane, the driver must leave a safe distance of at least three feet. If there is not enough space to pass safely, the motor vehicle must stay behind the bike until it is safe to pass. Ask your lawyer how the passing rules apply to the road layout and the available evidence. A driver’s initial account does not settle responsibility.
What If the Driver Says the Crash Was Your Fault?
In covered negligence actions, Florida's comparative fault law allows a claimant's potential damages to be reduced according to the percentage of fault they bear for their claim. However, if the claimant is found to be more than 50% responsible for their own injuries, they are not entitled to any damages, under that rule. Ask counsel which law applies to your claim; an allegation of fault is not a finding.
Under Florida law, section 316.2065 states that not wearing a helmet may not be used as evidence of negligence or contributory negligence in any action or proceeding to recover damages. Not wearing a helmet does not, by itself, establish that a cyclist cannot recover damages.
Look at the Injury's Full Effect, Not Just the First Bill
After a bicycle accident, it can be hard to anticipate everything you’ll incur because of your injuries. The first bill may not reflect the full effect of your injuries: You may need follow-up treatment, or maybe your injuries limit your ability to do certain things, including work.
Your medical records and bills, work records, and receipts for expenses relating to your injuries will be important documents. Keep track of expenses and limitations in your daily life as they arise. Write down the events and circumstances in which they occurred. Stick to the facts, rather than using exaggerated language.
A bicycle accident attorney will be able to evaluate potential damages, including medical bills, lost wages, damaged property, and pain and suffering. Not all of these will be recoverable or supportable in a given injury claim. The extent of future needs and limitations must also be documented, rather than relying on a list of symptoms or a quick online estimate.
Insurance policies should also be assessed by your attorney, based on all policies and letters received from insurance companies, including your own insurer. More than just the dollar amount of the offer comes into play, such as what policies apply, notice deadlines, and the release agreement.
Questions to Ask a Local Bicycle Accident Attorney
The following questions may help you better understand what to expect, as well as how to evaluate the firm or attorney to best meet your needs:
- What experience do you have with bicycle collision cases?
- Can you describe the similarities and differences between my case and previous bicycle crash cases, such as the disputed issues of fault?
- What immediate evidence preservation steps should I take? What should I be documenting?
- Who will I be working with on my case? Who do I talk to if I have a question?
- How can I get updates on my case or if there is a settlement offer?
- What does your written fee agreement cover, and how are expenses handled?
- Are there deadlines or decisions that are pressing?
- If a fair settlement offer isn't made, how do you evaluate whether a case is better settled or tried?
If getting around is hard right now, ask what consultation formats they offer and what to bring.
Be cautious about a case valuation offered before a thorough review of your medical records and the crash evidence. An attorney should explain what is known, what remains uncertain, and what needs investigation.
Don't Let the Search Delay a Deadline
Florida section 95.11 generally sets a two-year limitation period for negligence actions. However, this rule doesn’t always apply to all cases. The deadline must be calculated in accordance with the legal theories, applicable dates, and exceptions to the rules. For example, claims against a public entity can involve separate notice requirements. Some deadlines land much sooner. PIP treatment usually has to start within 14 days, and evidence can disappear in less time than that. It is best to call us sooner rather than later, even if you are continuing to get medical treatment or speaking with an insurance company.
Bring the records and questions you have when you speak with Goldman Daszkal & Stallone about legal representation after a bicycle accident. Call (954) 428-9333 or request a free consultation to learn more.
Goldman Daszkal & Stallone is located at 1630 West Hillsboro Boulevard in Deerfield Beach.
The above information should not be considered as legal advice. This material is not intended to establish a relationship between you and our office.
