Attorney Adam Kemp is proud to be Winter Haven’s hometown personal injury lawyer and is dedicated to helping injured victims in the pursuit of justice. Instead of trying to locate medical care, negotiate with insurance adjusters, and navigate the legal system on your own, let the team at Kemp Injury Law help you. Our job is to ensure that the responsible party is held accountable and that you are compensated for the injuries you suffered or the loss you experienced in a Winter Haven bicycle accident.

Florida Bicycle Laws

If you or a loved one were involved in a Winter Haven bicycle accident, it helps to have a basic understanding of how the law treats bicyclists in Florida. Under Florida law, the rights and responsibilities of a bicyclist are much the same as those of the operator of a motor vehicle. That means that someone riding a bicycle must obey the same traffic rules, including lights and signs, as motorists do; however, it also means that they have the same rights as motorists. Motorists are specifically obligated to look for bicycles and when they encounter a bicycle to treat the bicycle the same way as a motor vehicle. Unfortunately, that does not always happen.

In fact, when a bicycle and a motor vehicle are involved in a collision, the driver of the motor vehicle is more often than not at fault, according to the Centers for Disease Control and Prevention (CDC). Despite laws that require motorists to watch for cyclists and to treat them as they would another vehicle, motorists frequently fail to look for bicyclists or fail to yield the right of way to them when they should. Consequently, while bicycles account for only one percent of all trips made in the United States, bicyclists account for over two percent of people who die in a crash involving a motor vehicle on our nation’s roads

What Are Some Common Winter Haven Bicycle Accident Injuries?

When a bicycle collides with a motor vehicle, the person on the bicycle is at a clear and distinct disadvantage given the size and eight differentials. Sadly, that means that bicycle accident injuries can be severe, even fatal, and may include things such as:

• Infection from road rash
• Traumatic brain injury (TBI)
• Spinal cord injuries
• Paralysis
• Muscle, ligament, and tendon strains and sprains
• Internal bleeding
• Organ damage
• Bone fractures and breaks
• Soft tissue injuries
• Permanent scarring and disfigurement
• Post-traumatic stress disorder (PTSD)
• Mental anguish

What Steps Should I Take Following a Winter Haven Bicycle Accident?

Along with causing potentially serious injuries, a bicycle accident can be an emotionally traumatic event. Victims are often unsure what steps to take to ensure that their medical needs are met and that their legal rights are protected. With that in mind, it will help if you can remember to take the following steps following a Winter Haven bicycle accident:

1. Make an official police report. Always summon the police to the scene of a bicycle accident. This can accomplish numerous important goals, such as ensuring that there is an official record of the crash, potentially preserving vital evidence (such as footage from a traffic camera), and transporting you to the nearest hospital for treatment.
2. Submit to a complete medical evaluation. Even if you do not feel as though you were seriously injured, submit to an evaluation at the hospital. Along with catching potentially life-threatening injuries, such as a traumatic brain injury or internal bleeding, that may not show outward signs, getting a medical evaluation done right after a bicycle accident also provides evidence of a direct link between your injuries and the accident.
3. Document the accident. If you can safely do so before leaving the scene of the accident, take pictures of the crash site, the involved parties, and any road conditions or traffic lights/signs that may have contributed to the crash. If your injuries prevent you from doing this at the time of the accident, go back and take pictures of the area when you can do so. In addition, start gathering other evidence such as doctor and hospital bills, proof of lost wages, and estimates to repair or replace your bicycle.
4. Talk to an experienced Winter Have bicycle accident lawyer. You may be contacted not long after the accident by an insurance adjuster for an at-fault party. It is crucial that you do not speak to anyone about the accident until after you have consulted with an experienced Winter Haven bicycle accident lawyer. Understand that the job of an insurance adjuster is to get injured victims to agree to a token amount of compensation in return for a total release of liability. Your case may be worth considerably more than what you are offered. Allow an experienced attorney to review your case and explain your legal options before you agree to speak to anyone about the case.

What Compensation Might Be Available in a Winter Haven Bicycle Accident Case?

As the injured victim in a Winter Haven bicycle accident, you could be entitled to both economic and non-economic damages for the injuries you sustained in the crash.

Economic damages represent the objective costs associated with your injuries and may include compensation for things such as hospital and doctor bills, rehabilitation expenses, lost wages, and the cost to repair/replace your bicycle.

Non-economic damages are intended to compensate you for the subjective cost related to your injuries and may include compensation for harder-to-quantify injuries such as pain and suffering, scarring and disfigurement, and mental anguish.

If you lost a spouse, parent, or child in a Winter Haven bicycle accident, you may also be entitled to pursue compensation in a Florida wrongful death lawsuit for things such as lost future earnings, the loss of companionship and support, and the emotional trauma you experienced because of the death.

How an Experienced Winter Haven Bicycle Accident Lawyer Can Help

As the injured victim or surviving loved one of a Winter Haven bicycle accident, you have rights and legal remedies available to you. Winter Haven bicycle accident lawyer Adam Kemp will fight for you and your rights and ensure that the responsible party (or parties) is held accountable.

Adam Kemp’s previous experience as a prosecuting attorney and associate at one of the largest personal injury firms in America gives him an edge that he leverages when dealing with insurance companies who do not want to compensate injured victims fully and fairly.

If you were injured in a Winter Haven bicycle accident, or you lost a family member in one, contact an experienced Winter Haven slip and fall lawyer at Kemp Injury Law to discuss your legal options. It is our mission to make sure that injured victims are fully and fairly compensated by the responsible party or parties. Contact the team today for your free initial consultation by calling 863-225-0254 or by filling out our convenient online contact form.