A lot of people like to hop on their bikes, whether to get to work or just to enjoy the ride. Florida’s picturesque landscapes and favorable weather make it a popular destination for cyclists. Unfortunately, biking comes with its share of risks, and the state ranks as one of those with the highest number of bicycle accident fatalities.
Bikers need to do certain things in the aftermath of an accident to protect both their health and their legal rights. However, many individuals unknowingly make mistakes that can jeopardize their personal injury claims later down the line.
Not Calling the Police to Report the Accident
Perhaps the most common mistake is not reporting the accident to the police. After a crash, it’s important to file an official report, even if the injuries appear to be minor.
The report will be a vital piece of evidence later during any legal proceedings and insurance claims. It outlines the details of the accident, lists the people involved, and includes witness statements and the responding officer’s observations.
Florida law actually requires all accidents that involve injuries, fatalities, or serious property damage to be reported to law enforcement. Even so, various government entities estimate that a large number of accidents go unreported, which makes it tough for bicyclists to recover damages later in court.
Waiting Too Long to Go to the Hospital (or Not Going at All)
A surprising number of people don’t get medical help after they’ve been in a bike accident. While scrapes and bruises are no big deal, major trauma like concussions and internal bleeding may not be apparent right away. By delaying treatment, riders risk worsening their condition and creating a gap in the medical record.
Insurance companies closely scrutinize the timeline of medical treatment after an accident. If there’s a delay between the two, they could try to argue that the injuries were unrelated or less severe than the victim claims. To strengthen your case, you need to see a doctor as soon as possible and follow all treatment recommendations.
Admitting Fault or Apologizing at the Scene
Emotions are high in the immediate aftermath of any accident. It’s natural to feel shaken up and maybe even feel the need to apologize. However, that counts as admitting fault and could prove detrimental to your case. Insurance companies can use those words against you to reduce or even outright deny your claim.
Florida operates under a pure comparative fault system, which means that if you’re found partially responsible for the crash, your compensation will be reduced by your percentage of fault. Avoid making any statements that could be interpreted as an admission of guilt, and let your bike accident lawyer talk to everyone else involved.
Not Collecting Evidence From the Scene
Depending on the severity of your injuries, you may not be able to collect evidence from the scene right after your accident. However, see if someone else can get photos of the location, damages, injuries, road conditions, and anything else that might be relevant to your case later on.
Those photos will help prove liability and the severity of your injuries and damages. Additionally, getting contact info from witnesses can prove invaluable for backing up your side of the story.
Not Hiring a Bike Accident Lawyer
Many cyclists underestimate how complicated accident claims can get and try to handle the situation themselves. However, traversing the legal landscape without professional help can lead to costly errors.
An experienced bike accident lawyer knows the nuances of Florida’s traffic laws and will help you avoid common pitfalls. They’ll make sure all the evidence is collected and preserved. They’ll ensure that the insurance companies don’t try to lowball you, and they’ll argue your case in court if necessary.
Not Understanding Florida’s No-Fault Insurance Laws
Florida is a no-fault insurance state. After a car accident, everyone’s insurance covers their own medical expenses, regardless of who caused the crash. This coverage, called Personal Injury Protection (PIP), typically only applies to motor vehicle accidents.
However, bikers don’t often realize that they could still be eligible for PIP benefits as long as they have car insurance, even though they were on a bicycle when their accident happened.
A strong bike accident lawyer can help you with no-fault insurance and figure out if you can get PIP benefits. They can also pursue compensation from the at-fault driver’s insurance if your injuries meet the threshold for a serious injury claim under Florida law.
Taking the First Settlement Offer
Insurance companies are out to protect their bottom line. To do this, they bet on the fact that the victim is strapped for cash and willing to take the first offer given to them, so they look for ways to minimize their payouts and save money on their end.
It might be tempting to take that first offer, especially when your medical bills are piling up. Don’t give in; take the offer to your attorney before you accept anything. Early settlement offers almost always undervalue the true costs of your injuries and won’t cover your damages well enough to get back on your feet.
This is why you want to have your bike accident lawyer talk to the insurance companies. They know all the tricks that adjusters like to use as well as how to counter them. They’ll work to get you an offer that better reflects both your current costs and any potential future care needs.
Get the Legal Help You Need
A bicycle accident can be a traumatic experience. By avoiding these common mistakes, you could save time, money, and stress in the event of a collision.
You should focus on your recovery so you can move on with your life. If you’ve been hurt in a bike accident, reach out to Schrier Law Group to schedule a free consultation of your case. We’ll go over the details with you and explain how we can help you secure the compensation you’re entitled to.
