A 59-year-old man from St. Petersburg is dead after he was hit while riding his bicycle in Pinellas Park on Friday, May 22nd. The crash took place just after 10:00 p.m. on 118th Avenue North. According to officials, the man was traveling eastbound on 118th Avenue. At the same time, a vehicle was also traveling eastbound on the same road. For unknown reasons, the car and the bicycle collided with one another. The bicyclist, who has not been identified, died at the crash scene. The driver, a 28-year-old from St. Petersburg, was charged with driving under the influence. The driver’s name has not been released at this time. There are no further details available.
Cycling is an inexpensive and environmentally conscious way to get around South Florida, but it can also leave you at risk of sustaining catastrophic injuries should you be involved in a bicycle accident. Without the protection offered by a 3,000-pound metal frame, you are significantly more exposed than many others on the road, and statistics confirm that bicyclists tend to sustain more severe injuries than occupants of cars, trucks and other motor vehicles. Bicycle accidents can cause life altering injuries and even death. If you or a loved one has been injured in a bicycle accident in South Florida, the personal injury attorneys at Suarez & Montero can help! Our team of experienced attorneys can help make sure you get the compensation needed to pay for proper medical treatment and any other damages.
Compensation for Bicycle Accident Injuries
In Florida, in an action by a bicyclist to recover damages as a result of injuries sustained in a accident with a motor vehicle, as in any negligence case, the plaintiff has the burden of proving by a preponderance of the evidence that the motorist was negligent and that such negligence was the proximate cause of the injury suffered. However, recovery for injuries sustained by a bicyclist in a collision with a motorist may be barred or diminished if the bicyclist’s own negligence contributed to the accident, and once the plaintiff bicyclist has made out a prima facie case of negligence against the defendant motorist, the burden shifts to the defendant to prove by a preponderance of the evidence any affirmative defense, including contributory fault. A plaintiff in a bicycle accident case may obtain actual (compensatory) damages. Compensatory damages are awarded for the loss, injury to a person caused by the negligence of another. The objective of compensatory damages is to make the injured party whole to the extent that it is possible to measure an injury in terms of money. Actual or compensatory damages are categorized as either general or special. General damages are damages directly caused by the wrongful act or negligence of another. Special damages are those that do not necessarily result from the wrongful act or negligence of another. Under Florida law, special damages consist of items of loss that are specific to the party who suffered the injury or loss. Below is a breakdown of some of the different types of compensation available to bicycle accident victims:
Medical Expenses: In Florida, damages are awarded if the plaintiff must undergo testing or treatment, or if the plaintiff must receive medical care of any type, such as hospital stays or physical therapy.
Lost Wages: Recovering from an injury often requires time off work. The length of time off typically depends on the type and severity of the injury. Calculating past lost earnings is easy. You simply add up the earnings and employment benefits that you lost from being out of work. If you are fully or partially disabled due to your injury and are unable to work going forward, then you may be able to seek compensation for future lost earning capacity.
Future Lost Income and Earning Capacity: A person who is injured by the wrongful act of another may recover for any loss of time and loss of earnings that result from a temporary incapacity. The measure of the injured person’s loss is the amount that the person would have earned had the person not been injured.
Physical Pain and Emotional Suffering: Injuries cause physical and mental pain, as well as suffering during and after the accident, which are all things you can pursue compensation for. Mental anguish, for which recovery is sought in a personal injury action, is generally considered as pain and suffering and covers not only the pain associated with the injury but also the mental reaction to that pain and to the possible consequences of the injury.
Speak with a Miami Personal Injury Attorney
If you or someone you love was injured in a car accident, you may have a right to seek compensation for your losses. The Law Offices of Suarez & Montero Train Accident Attorneys is a personal injury law firm with locations in Miami and Broward. A personal injury claim can seek funds that cover medical expenses, lost income and other damages. The train accident attorneys at Suarez & Montero can help those of you who would like to pursue a car accident claim. To discuss how we can assist you, call us or contact us online. We encourage you to learn more about and the successes our attorneys have had on behalf of individuals and families who have suffered serious personal injury in accidents involving vehicles. Call us today to schedule a free consultation. We’ll review your case and help you understand your legal options.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.