There are specific scenarios in which the only responsible party in your bike or walking injury may be the city. Certain hazards like potholes, work zones, uneven sidewalks or trash may be dangers created or allowed to persist by the city. It is possible in some scenarios to successfully file an injury claim in these types of situations, but it’s not always easy. Holding a government entity financially responsible for your injuries can be complicated by tort immunity (also known as “sovereign immunity laws”). There are specific sets of exceptions that will allow injured private citizens to hold government entities liable, but you may have to jump through extra hoops and meet an additional set of filing deadlines that aren’t present when you file a claim against a private individual or company.

If you find yourself in this situation, it may be in your best interest to consult with a bike accident or pedestrian accident injury lawyer familiar with the necessary procedures.  

According to the most recent figures from the Insurance Research Council, just over 20 percent of drivers in Florida are uninsured. Injured walkers or bike riders have a couple options in these scenarios. If you own a vehicle or someone in your household does have auto insurance with personal injury protection (PIP) coverage, you may be able to file a claim with that policy to have your medical expenses covered. Uninsured motorist coverage on that policy might also give you added funds to cover injuries or lost wages. Alternatively, you can sue the responsible driver. However, it’s often difficult or even impossible to get funds from a driver who can’t even afford to maintain auto insurance. This may make it difficult to find a lawyer to take your case.  

All bike riders under the age of 16 are required to wear an approved, properly fitted bicycle helmet that is fastened securely with a chin strap. Minors over the age of 16 and adults are not technically required to wear a bicycle helmet. However, failing to wear a bicycle helmet can in some cases complicate your bike accident injury claim, especially if you suffer a head or neck injury in an accident. The insurance company may suggest you could have reduced the severity of your injuries had you been responsible and worn a helmet.

This is a far too common situation in Florida. Drivers cut off bicycle riders or invade their space, forcing them off the road and causing a crash. You can indeed file a claim in this situation, but you’ll need evidence to hold the at-fault driver responsible. If you get the license plate number and a witness who saw the crash is willing to testify, you may be able to bring a successful claim. Alternatively, if you’re wearing a recording device (like a GoPro) you might have the incident on video, which can greatly increase your chances of filing a successful injury claim.

Just because a driver didn’t physically hit you doesn’t mean they are free from responsibility if they caused you to crash.

Bike riders and pedestrians are often determined to be partially at fault for injury accidents in Florida, but they can still be entitled to compensation. Florida has a pure comparative fault system, which means you may still be entitled to damages even if you’re mostly at fault. This is different from the modified comparative negligence rules most states currently operate by, which usually requires you to be no more than half at fault to collect damages. Even if you’re found to be mostly at fault, you might still be entitled to collect some damages.   

This frequently comes into play if a bike rider wasn’t in a legal bike lane, or a pedestrian was jaywalking when they were struck by a vehicle. There are no situations in which drivers can legally strike bikers or walkers, but there are scenarios in which a driver might not have time to react to a bike rider or walker who is illegally in the road.

If you’re facing this type of claim, your choice of bike accident or pedestrian injury lawyer may play a significant role in the damages you’re eligible to receive.

Insurance companies excel at finding ways to minimize your claim payment. They might suggest your injuries aren’t as serious as you claim or that your injuries are actually pre-existing conditions or from another accident. Bike and pedestrian accident lawyers are committed to ensuring their clients aren’t taken advantage of by common tricks and tactics used by insurance companies to deny or undervalue claims.

An admission of guilt by the driver doesn’t necessarily mean you’ll get the claim payment you deserve. If you’re worried your claim is being undervalued, it may be time to speak with an accident attorney.