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Orlando Bicycle & Pedestrian Accident Attorney
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Orlando Bicycle and Pedestrian Accident Lawyers
Bicyclists and pedestrians are among the most vulnerable road users. In bustling Orlando, where the sun beckons both residents and tourists to explore its beauty on foot or by bike, pedestrian and bicycle accidents are an unfortunately common occurrence. In 2022 alone, there were 444 crashes involving bike riders, resulting in 13 fatalities. That same year, a total of 664 accidents involving pedestrians led to 57 fatalities and hundreds of injuries.
With Florida’s no-fault insurance laws, navigating the aftermath of a bicycle or pedestrian accident can be complex. If you have your own insurance, you will likely be able to pursue a PIP claim, but if you don’t, you’ll need to file a claim against the other driver – who may or may not have some form of bodily injury liability insurance.
Getting compensation in these cases can get complicated, but it’s certainly not impossible. The team at Kanner & Pintaluga is ready to fight for the recovery you deserve.
Common Types of Bicycle and Pedestrian Accidents in Orlando
Orlando’s urban and suburban areas are teeming with activity, which can result in various types of accidents:
- Right-of-Way Violations: Often, drivers neglect to yield the right of way at crosswalks or when making turns, causing collisions with pedestrians or bicyclists.
- Distracted Driving: The age of smartphones has resulted in an uptick in accidents as drivers text, call or use apps while behind the wheel, taking their focus off the road.
- Dooring: Bicyclists are especially at risk when drivers or passengers in parked cars open their doors without checking for oncoming riders.
- Parking Lot Collisions: Parking lots can be especially dangerous given the inherent blind spots and vehicles traveling in multiple directions or backing up simultaneously. Exits of parking lots where views of oncoming sidewalks or bike lanes may be blocked can also pose significant accident risks.
What if I'm Partially at Fault for the Accident?
Florida follows the comparative fault rule. This means if you, as a pedestrian or bicyclist, were partially at fault for the accident, you can still recover damages. However, your compensation will be reduced by the percentage you’re found at fault. For example, if you’re deemed 20 percent at fault and your damages total $10,000, you’d receive $8,000. While this system recognizes that fault can be shared, it shouldn’t prevent you from getting at least partially compensated.
This becomes a frequent point of contention in many bicycle and pedestrian accidents due to the high rate of accidents that happen outside of designated crosswalks. Simply crossing the street illegally does not mean drivers can strike you without fear of consequence or liability. Every driver still has a duty to do everything within reason to avoid striking a walker or bike rider.
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When facing the physical, emotional and financial challenges of a bicycle or pedestrian accident, choosing the right legal representation is crucial. At Kanner & Pintaluga, we’ve helped hundreds of clients pursue just compensation for their bicycle or pedestrian accident case and are ready to help you.Call 800.586.5555
How an Attorney Can Help After a Hit and Run
A hit and run can be a traumatizing experience. Although law enforcement should be pursuing leads to track down hit and run drivers, it often doesn’t hurt to have someone on your side to independently investigate the situation.
- Investigation: A dedicated attorney can help gather evidence, such as surveillance footage or eyewitness accounts, to identify the culprit.
- Insurance Negotiations: If the hit-and-run driver isn't found, and you have PIP and/or uninsured motorist coverage, you may be able to pursue compensation via your own insurance. An attorney can assist in maximizing this claim.
- Peace of Mind: Knowing someone is working diligently to secure justice on your behalf can offer much-needed emotional relief.
Your Options If You Have Insurance or Aren't Insured
Florida’s no-fault insurance laws make Personal Injury Protection (PIP) mandatory for all motorists – but not for bike riders or pedestrians. However, having auto insurance can be hugely beneficial if you’re ever struck while walking or riding a bike.
- Insured Individuals: If you have auto insurance, you can access your PIP benefits even if the accident didn't involve your vehicle.
- Uninsured Individuals: If you don't have personal auto insurance but live with a relative who does, you might be covered under their policy. If not, you can potentially claim PIP from the insurance of the motorist involved. There may also be scenarios where you can file suit against the at-fault driver to seek compensation from their personal assets.
Remember, PIP covers only up to $10,000 in medical expenses and lost wages, so understanding all avenues for compensation is vital. Being uninsured does not necessarily mean you don’t have options. It’s likely in your best interest to consult with a bike or pedestrian accident lawyer to learn more.
How an Experienced Accident Lawyer Can Help You Deal with the Insurance Company
Dealing with insurance companies post-accident can be draining. They often prioritize their bottom line over your well-being. An experienced Orlando bicycle and pedestrian accident attorney can help with:
- 1. Claim Maximization: They'll ensure all damages, from medical bills to pain and suffering, are detailed and claimed.
- 2. Negotiation Expertise: Insurance adjusters are skilled negotiators. An experienced lawyer can match their tactics, ensuring you're not lowballed.
- 3. Policy Interpretation: Insurance policies are dense documents filled with legal jargon. Your attorney will sift through and determine what you're truly entitled to.
- 4. Litigation: If negotiations don't result in a fair settlement, a trial attorney, like those at Kanner & Pintaluga, can escalate matters to court and try your case before a judge and jury.
We Will Help You Pursue Fair Recovery After Being Involved in a Bicycle or Pedestrian Accident in Orlando
Walking the streets or cycling the byways of Orlando should be an enjoyable experience, not one marked by the trauma of an accident. Knowing your rights and being equipped with legal expertise is crucial in these moments. Whether you’re at fault, uninsured or the victim of a hit and run, there’s a pathway to justice and compensation. The experienced Orlando bicycle and pedestrian accident lawyers at Kanner & Pintaluga are available to guide you through it. Call us at 800.586.5555 for a free case evaluation.
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Orlando Location
Orlando
1000 Legion Place, Suite 100
Orlando, FL 32801
(800) 586-5555
* Available by Appointment
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