Articles Tagged with bicycle accident lawyer

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Florida has an unfortunate – and well-deserved – reputation for being one of the most dangerous places for bicyclists. More than 800 cyclists die in collisions with motor vehicles annually, according to the National Highway Traffic Safety Administration, and 18 percent of those fatalities occurred right here in the Sunshine State. A huge part of the problem, say traffic safety experts, is a lack of bicycle-friendly roads and facilities. This brings us to another important issue: Unsafe bicycle paths.bike accident lawyer

This could refer to either a bicycle lane or a pedestrian/ bicycle path not intended for motor vehicle traffic. Although property owners – including the government – have a responsibility to maintain their site in reasonably safe condition for lawful visitors, some claims may be precluded by recreational use statutes. That’s not always going to be the case, so it’s important to at least discuss these matters with an experienced attorney. Most of these types of claims will center on a theory of premises liability. That could mean any individual or entity involved with the bike trail’s design, construction and maintenance could be named a defendant. The duty of care owed by landowners, trail management agencies, non-profit groups and local municipalities is worth investigating.

However, there are a number of possible defenses.  Continue reading →

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The number of bicycle accident deaths is on the rise. Florida not only had the highest number of such fatalities, it reported the second-highest rate of deaths, when factoring in both population and percentage of total traffic deaths. bicyclists

This troubling news means once again, Florida is the most dangerous place for bicyclists in the country. It’s an issue about which our leaders – and drivers – must take more proactive measures if we hope to change course.

The report, released by the National Highway Traffic Safety Administration (NHTSA), reveals there were 818 bicyclists killed in the U.S. in 2015 (the latest year for which final statistics are available). This accounted for 2.3 percent of the total number of traffic deaths that year and marked a stunning 12.2 percent hike as compared to the final death toll tallied in 2014, when 729 bicyclists lost their lives. Continue reading →

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When you purchase a bicycle helmet, you are making a commitment to safety. The National Highway Traffic Safety Administration (NHTSA) reports 818 bicyclists died on U.S. roads last year – an increase of more than 12 percent – the highest uptick since 1995. Another 45,000 were injured. Research from the same agency revealed helmet use has been estimated to reduce the odds of head injury by 50 percent, and the odds of head, face, or neck injury by 33 percent.bicyclehelmet

In order to be effective, bicycle helmets need to meet certain criteria. Bicycle helmet standards are set by the U.S. Consumer Product Safety Commission (CPSC). These set minimum impact absorption requirements (via drop heights on various surfaces), strap strength jerk, roll-off risks and coverage.

Despite these very specific requirements, there continue to be some manufacturers that fail to ensure their products meet these standards before sale to consumers.  Continue reading →

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Bicycle accidents and aggression against cyclists by motor vehicle drives are nothing new on Florida roads, though there has been some increase for the simple fact more people are riding. However, there is one element that has dramatically shifted the dynamic of these encounters: Cameras.bicycle

An increasing number of bicyclists are donning GoPro cameras or others like it, mounted to the cyclists’ helmets, filming every moment. Cycling cameras were first sold primarily for recreational riders as a means to allow them to capture images of their journey. However, they have been more often cropping up on social media sites, showing just how badly drivers are behaving. The footage may not shock some who ride on a regular basis, but they are grabbing the attention of the public and law enforcement. They are also being used in an increasing number of both criminal and civil cases.

Cyclist-versus-car crashes were often he-said-she-said ordeals in court. These cameras are changing the game. Continue reading →

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While a woman has pleaded not guilty to misdemeanor driving under the influence following an incident in which her vehicle struck and killed a physician bicyclist, the victim’s husband has filed a civil lawsuit against the driver.bicycleocean

Although the cases are proceeding in different courts – one criminal, one civil – they are overlapping in ways that make the case rather complex.

Florida has the highest incidence of bicycle injuries and fatalities. Although this accident occurred in Vermont, there are elements of law that are applicable to bicycle accident cases in Florida. Continue reading →