At Kemp Injury Law, we understand how a bicycle accident can impact an injured victim as well as the family of someone killed in a collision. Winter Haven bicycle accident lawyer Adam Kemp has dedicated his practice of law to helping injured victims and surviving loved ones when another party’s negligence has caused them injury or loss.
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, cyclists 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 height differentials. Cyclists often suffer serious and sometimes even fatal injuries when involved in an accident with a vehicle. Some of the common injuries seen in Florida bicycle accidents include:
- 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
- Infection from road rash
While the physical injuries from a bicycle accident can be costly and serious, a collision can also cause mental anguish. Victims of bicycle accidents often suffer from post-traumatic stress disorder (PTSD), anxiety, and more. Injuries can be severe and even lead to lifelong disabilities that greatly affect a victim’s enjoyment of life.
Different Types of Bicycle Accidents in Winter Haven, Florida
When sharing the road with other vehicles, a cyclist can be involved in a serious collision in the blink of an eye. It is important for cyclists as well as other drivers on the road to exercise caution and keep an eye out for one another at all times. Bicycle accidents can happen in a number of different ways, especially when riding around congested urban areas, busy intersections, or roads without bike lanes. Many accidents are caused by driver negligence, cyclist inattention, or poor road conditions. Cyclists may also fail to wear the proper visibility gear, making them difficult to notice for other drivers.
In Winter Haven and throughout Florida, some of the most common causes for bicycle accidents include:
- Right hook accidents: This type of accident occurs when a driver is making a right-hand turn and cuts off a cyclist riding in the same direction. Right hook accidents are often caused by drivers failing to check their side mirror or blind spot before making the turn. These are some of the most common causes of bicycle accidents.
- Left-turn accidents: Drivers making a left-hand turn at an intersection may collide with a bicycle traveling in the opposite direction, either because they were unable to see the cyclist or because they thought they had more time to make the turn.
- Dooring accidents: Dooring accidents are more common in congested urban areas where cars are typically parked on the sides of the street. These accidents happen when a driver opens their door in the path of a cyclist and causes them to crash. Oftentimes, these accidents occur due to drivers failing to check for cyclists before opening their doors, though cyclists may also share responsibility if they were riding too close to the parked vehicles.
- Rear-end collisions: When a cyclist is struck from behind by a motor vehicle, it can lead to serious injuries. Just like an accident involving another vehicle, rear-end collisions involving bicycles are often caused by distracted drivers, speeding or reckless driving, low visibility conditions, or a biker darting out into traffic unexpectedly.
- Sideswipe accidents: Even in areas with bike lanes, vehicles often drive very close to cyclists, and even the slightest contact can cause a serious accident. Whether drivers fail to notice a cyclist next to them or they veer into the shoulder while driving, sideswipe accidents can easily cause cyclists to lose control and crash.
Not all bicycle accidents are caused by or even involve another vehicle. Many bicycle accidents in the state of Florida are caused by poor road conditions and hazards in the streets.
Collisions involving pedestrians are also common in crowded areas or in instances where pedestrians step into a bike lane without paying attention.
Regardless of how your accident occurred, Adam Kemp and the team at Kemp Injury Law can help you seek compensation when a negligent driver’s actions cause you injury. We take great pride in representing Florida’s injured cyclists, offering personalized attention that ensures your well-being and fights to secure you the maximum compensation.
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:
- Make an official police report: Always call the police to the scene of a bicycle accident. This can help accomplish a number of useful and 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.
- 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.
- 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.
- 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.
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 that do not want to compensate injured victims fully and fairly.
After being injured in a Winter Haven bicycle accident, consulting with an experienced and compassionate
personal injury and bicycle accident attorney like Adam Kemp can greatly improve your chances of claiming compensation and seeking justice. After a collision, an attorney can help by:
- Investigating the accident: At Kemp Injury Law, we work closely with our clients to gather crucial evidence, such as police reports, dashcam footage, surveillance footage, witness statements, and more, to help identify a liable party and strengthen your case.
- Handling insurance companies: When you are injured and trying to recover from a serious collision, the last thing you may want to do is negotiate with Winter Haven insurance companies who are trying to lowball you or pressure you into accepting a low settlement. Adam Kemp has plenty of experience communicating and negotiating with insurance companies to work toward a fair settlement.
- Filing a lawsuit: Not all accidents are able to be settled through insurance companies. If this is the case, we are prepared to file a personal injury lawsuit and represent our injured clients in court.
What Compensation Might Be Available in a Winter Haven Bicycle Accident Case?
If you have been injured 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 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 injuries that are harder to quantify, such as:
- Pain and suffering
- Scarring and disfigurement
- Anxiety
- Depression
- PTSD
- 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.
Call Kemp Injury Law Today After a Winter Haven Bicycle Accident
If you were injured or have lost a loved one in a Winter Haven bicycle accident, contact an experienced Winter Haven personal injury attorney 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 our team today for your free initial consultation by calling (863) 225-0254 or by filling out our convenient
online contact form. Come see why injured victims and their families have continually turned to Adam Kemp and Kemp Injury Law for outstanding legal support.
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