Due to the obvious size and weight difference between vehicles and bike riders or walkers, motorists have a higher duty of care toward them on the road. If you’re a bicyclist and the motorist didn’t give you at least three feet of clearance while they were passing, or if they didn’t stop while you were in the crosswalk, their fault in the situation will be obvious.

If a property’s poor maintenance contributed to your accident – such as if the sidewalk was uneven or if there was insufficient light or signage to warn of hazards – you may be able to file a claim against the property owner and possibly bolster your compensation.

However, your compensation may be reduced if you were found to be partially responsible for the accident. For example, if you didn’t put lights on your bike at night, rode while drunk or were jaywalking, the other party may use it against you in court to dispute responsibility. Because of Florida’s comparative negligence system, you’ll still be eligible for compensation even if you were partially at fault, but it might not be for as much as you were hoping for.

The other driver’s insurance company might also argue that certain actions you took that, while legal, put you in danger. While those over the age of 16 aren’t required to wear helmets, it is still strongly recommended to protect your head and spine. Wearing one can also strengthen your personal injury claim and make it harder for insurance companies to shift the blame to you.

The accident attorneys at Kanner & Pintaluga will give you realistic expectations for your claim while aggressively pursuing the best possible outcome.