Can a Cyclist Sue a Driver for Injuries in Sarasota?

A cyclist can sue a driver for injuries in Sarasota when a driver’s negligence caused them. However, try negotiating an insurance settlement in good faith against the at-fault driver’s policy before filing a personal injury lawsuit. If the insurer fails to pay, injured parties can sue them in civil court as a final attempt to obtain a fair award owed under state and federal law.

In this article, a Venice bicycle accident injury lawyer takes an in-depth look into an injured cyclist’s legal options for obtaining the compensation they need for medical bills, lost wages, and more.

Florida’s Legal Steps for Recovering Bicycle Accident Injury Compensation

There are 2 legal steps toward recovering compensation after a bicycle accident injury in Sarasota. You can negotiate a settlement with the at-fault party’s insurer, or, if that does not work, you can sue them in civil court.

Here is a closer look at both steps below:

Step 1. Negotiate an Insurance Settlement

Negotiating an insurance settlement is always the first step when recovering bicycle accident injury losses. You typically negotiate this settlement by filing a claim against a policy covering the accident.

Most cyclists file claims against the following policies:

• At-fault party’s auto insurance policy: If an insured driver caused your bicycle accident injuries, you can file a claim against their policy. However, you will have to prove liability, negligence, and financial losses. A bicycle accident injury lawyer in Sarasota can help you handle this aspect of your case.
• Personal health Insurance policy: You can also use your health insurance policy to cover your accident-related medical expenses. This coverage should be available to you regardless of fault.
• Your Personal Injury Protection (PIP) policy: It is possible that your auto insurance PIP policy could cover some of your expenses. PIP can cover your medical costs and lost wages. If covered, you can usually receive compensation regardless of fault.
• Uninsured/underinsured motorist (UI/UM) policy: Another option is to file a claim against your UI/UM policy if you carry one. This policy helps in situations where the at-fault driver does not have insurance or where the vehicle owner is different from the driver.

It is challenging to capture all the possible scenarios you could be in a negotiating position after an FL bicycle accident injury. The most direct way to establish your legal options is by speaking with a Sarasota bicycle accident lawyer.

Step 2. File a Personal Injury Lawsuit (If Negotiations Fail)

Most insurance companies will pay a fair settlement owed under the law when confronted with an injured claimant represented by a Sarasota personal injury lawyer. However, a disagreement could arise over the amount, or the insurer could be acting in bad faith, meaning you may have to resolve things in civil court.

Personal injury lawsuits are a last resort and generally only make sense when the benefit outweighs the cost. By working with a bicycle accident attorney in Sarasota from the outset of your case, we can help you determine if going to court is worth it for your situation before the statute of limitations under FL Stat. § 95.11 expires.

David Harris Law Can Get You Answers

David Harris Law is a personal injury law firm in Southwest Sarasota. We represent the rights of injured cyclists and surviving loved ones when going up against their detractors. Learn more about how we can help during a Free Consultation by calling (941) 667-6900 or online.