Every year, more than 450,000 Americans are forced into the emergency room because of injuries suffered in a bike accident. Many of these injuries are extremely serious. Sadly, the National Highway Traffic Safety Administration (NHTSA) reports that motor vehicle accidents take the lives of nearly 700 bicyclists annually. In 2013, alone 133 cyclists were killed in car accidents in the state of Florida, and another 28 were killed in the state of Georgia. To put these figures into perspective, that means that Georgia has a slightly above average rate of fatal bicycle accident, while Florida has, by far, the highest rate of fatal bike accidents in the entire country. Clearly, bicyclists face extreme risks from traffic and more needs to be done to protect their safety.
John and his team have grown up on bicycles and motorcycles and knows the rules and laws. He knows how dangerous it can be for cyclist to share the road with the distracted drivers of today’s world. If you or your loved one received bike injuries as the result of a bicycle accident, you will need a bike accident attorney to handle your case and get you the help you need to expedite recovery of physical, financial and emotional pain and suffering.
$2.6 Million Jury Verdict against Volusia County. Trial televised on Good Morning Americaview more
$2.6 Million Verdict against Volusia County, televised on Good Morning America.view more
Confidential settlement of over 100 cases against a pediatric dentist who faces prosecution for fraud based on abuse of children.view more
Many bicycle accidents occur simply because drivers fail to recognize them or because drivers do not give them adequate space. So many bicycle accidents are entirely preventable. Drivers must get better at sharing our roads with bikes. After all, cyclists have a legal right to use the roads too. This is true throughout the United States, including in Jacksonville and across Northern Florida and Southern Georgia. When it comes to sharing the road with bikes, there are three things that all drivers must keep in mind:
In Florida and Georgia, liability for a bicycle accident is generally determined by using the negligence standard. In most cases, a negligent driver will bear liability for the accident. Though, that is certainly not always the case. In fact, in some cases, a cyclist may actually be fully or partially responsible for his or her own accident. Everyone needs to understand how negligence works. In simplified terms, it is the failure to take adequate care when performing an action. For example, when performing the action of driving, individuals have a legal responsibility to ensure that they are not creating undue risk for other people. Your attorney must prove negligence in order to prove establish liability. This requires proving each of the following four elements:
Florida and Georgia are both comparative fault states. This can have a major impact on bicycle accident injury claims. Essentially, the comparative fault rules require that victims’ injury awards are reduced in proportion to their liability for their own accident. Obviously, if a bicyclist bears no liability for their own crash, then their reward will not be reduced at all. However, many bike accident cases are complex and insurance companies often try to pin some of the blame on the victim.
If you are stuck with an unfair percentage of the blame, money will be taken directly out of your wallet. In some cases, it could cost you thousands of dollars. For example, imagine that a driver hit you while you were biking. As a result, you sustained $10,000 in damages. You should be able to recover that full $10,000 in injury compensation. However, if the insurance company gets away with blaming you for 30 percent of the accident, your compensation would be reduced accordingly. In other words, it would be reduced by $3,000, down to $7,000. Do not get stuck with unfair blame. Please work with an experienced bike accident lawyer who can help protect your legal rights and financial interests.
Following a serious accident, many injured victims worry that they will not actually be able to afford legal representation. This is a common and understandable fear. However, it is also a completely false. In reality, you can always afford a Jacksonville bicycle accident attorney. In fact, at the Law Offices of John M. Phillips, our team never charges our personal injury clients anything upfront. We are not here to nickel and dime our clients. We want to put money into your pocket. Further, we will comprehensively review your bike accident claim for free, with no further obligations. If you were seriously injured in a bicycle accident, you owe it to yourself and to your family to learn more about what our firm can do for you.