John C. Austin | September 14, 2024 | Personal Injury
A collision between a bicycle and a motor vehicle can be catastrophic because of a bicycle’s lack of frame protection. Fortunately, under most circumstances, Florida’s insurance laws offer significant compensation for bicycle accidents.
First Things First: Florida’s No-Fault Traffic Accident Compensation System
If you suffer a Florida bicycle accident with a motor vehicle, your personal injury protection (PIP) insurance will cover 80% of your medical expenses and 60% of your lost income, up to policy limits, no matter whose fault the accident was. It does not cover property damage. Florida requires its drivers to purchase at least $10,000 in PIP insurance.
If your injuries are “serious” under Florida law, you can escape the limitations of Florida’s no-fault system and file a personal injury lawsuit. You may qualify for non-economic damages such as pain and suffering, which are unavailable from PIP.
Damages
Three types of damages may apply to a Florida bicycle accident claim–economic damages, non-economic damages, and punitive damages:
- Economic damages: Your medical bills, lost income, and out-of-pocket expenses(child care while you were incapacitated, for example). As mentioned above, PIP covers a portion of these.
- Non-economic damages: Intangible losses such as pain and suffering and emotional distress. These can add up to two to five times the amount of your economic damages. PIP does not cover these.
- Punitive damages: An additional amount to punish the defendant for particularly outrageous behavior. Don’t count on punitive damages because courts usually won’t award them even if you win your claim. PIP does not cover them.
In case of a catastrophic injury (not at all uncommon in bicycle accidents), these damages could add up to six or even seven figures.
Special Case: MMI and Future Damages
MMI means maximum medical improvement. It’s the point where your medical condition has stabilized. You usually want to wait until you reach MMI before you file a claim for damages because only then will you have a good idea of your total damages without having to estimate the amount of your future damages.
In cases of long-term or permanent disability, your losses might still be accumulating decades into the future. In that case, you will simply have to estimate your future damages.
However, suppose, for example, that you will need kidney dialysis for the rest of your life. You might need to call an expert to estimate the amount of your future medical expenses.
Perhaps you can return to your previous position and do your job as well as you could before your accident. On the other hand, perhaps your injury will force an early retirement or at least cause you to cut down your working hours. Again, you might need an expert witness to help calculate your losses.
Limitations on the Amount of Your Recovery
The personal injury compensation system, unfortunately, includes certain built-in limitations, including the following:
- Comparative negligence: If the accident was partly your fault, a Florida court will calculate your percentage of fault and deduct precisely that percentage from your damages. If you are 51% or more at fault, you may not recover.
- Liability insurance: Florida is one of the few states that does not require its drivers to purchase auto accident liability insurance. This could leave you facing financial responsibility for an accident caused by someone else.
- Insurance policy limits: No insurance policy will pay more than its limits, no matter how serious your injuries are.
- Disputes over liability: This could undercut your bargaining position in settlement negotiations.
- The defendant’s financial limitations: If the defendant lacks liability insurance, you might have to sue the defendant directly for your losses. If the defendant lacks personal financial resources, you might be out of luck.
- Negotiating skill: This is the wild card in the deck. Let your lawyer negotiate for you.
- The statute of limitations deadline: In most cases, you have two years to file a lawsuit over your claim. If you miss the applicable deadline, your claim’s value will immediately drop to zero.
Many other factors might influence the value of your bicycle accident claim.
Your Bicycle Accident Claim Might Be Worth More Than You Think
You might not be sure whether you have a viable personal injury claim. Even if you do, you might be underestimating or overestimating its value. A consultation with a lawyer might yield a ballpark estimate, and most Clearwater personal injury lawyers offer them for free. The sooner you get started pursuing your claim, the better your chances will be. Remember–under the contingency fee system, you only pay attorney’s fees if you win.
Contact Roman Austin Personal Injury Lawyers today to schedule a free consultation.
Contact the Clearwater Personal Injury Law Firm of Roman Austin Personal Injury Lawyers for Help Today
For more information, please contact the legal team of Roman Austin Personal Injury Lawyers for a free initial consultation with a personal injury lawyer in Clearwater. We have convenient locations in Florida: St. Petersburg, Safety Harbor, Clearwater, New Port Richey, and Tampa.
We serve throughout Pinellas County, Hillsborough County, Pasco County, and its surrounding areas:
Roman Austin Personal Injury Lawyers – Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
(727) 787-2500
Roman Austin Personal Injury Lawyers – Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
(727) 591-5610
Roman Austin Personal Injury Lawyers – Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
(813) 686-7588
Roman Austin Personal Injury Lawyers – New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655
(727) 815-8442
Roman Austin Personal Injury Lawyers – St. Petersburg Law Office
840 Beach Dr NE Suite 202
St. Petersburg, FL 33701
(727) 787-2500
Roman Austin Personal Injury Lawyers – Safety Harbor Law Office
202 9th Ave S Suite A-2
Safety Harbor, FL 34695
(727) 787-2500