PEDESTRIAN & BICYCLE ACCIDENTS
SERVING ALL OF FLORIDA, D.C., MARYLAND & VIRGINIA
The law holds negligent drivers responsible for crashes
Pedestrians and bicyclists are vulnerable as they travel alongside motor vehicles. In accidents involving pedestrians and bicyclists, the results are often serious injuries or even death. Pedestrians and bicyclists are not protected as they travel, unlike drivers and passengers in motor vehicles. In addition, drivers who do not pay attention may not see bicyclists and pedestrians until it is too late. At Sanabria & Associates, our pedestrian and bicycle personal injury attorneys are experienced in numerous accident claims. Their thoroughness and efficiency ensure that our clients receive excellent results as quickly as possible.
DEFENSES TO BICYCLE AND PEDESTRIAN ACCIDENT CLAIMS
Drivers who cause bicycle and pedestrian accidents are often quick to shift blame to injured victims. Some of these defenses may include arguing:
- The pedestrian was not using a crosswalk
- The pedestrian did not look before crossing the street
- The pedestrian did not pay attention to traffic signals (such as the “walk” signal)
- The pedestrian interrupted the flow of traffic
- The pedestrian or the bicyclist was traveling in the wrong direction
- The pedestrian or the bicyclist was not visible
- The bicyclist was not wearing protective gear
- The bicyclist did not use designated bike lanes
- The bicyclist did not signal before turning
- The bicyclist was speeding
These are just a handful of the defenses at-fault drivers may argue against an injured pedestrian or bicyclist.
THE LEGAL PROCESS INVOLVED IN A PEDESTRIAN OR BICYCLE ACCIDENT CALIM
Once a victim has retained an attorney, the attorney will communicate with the insurance company on the victim’s behalf. The attorney will gather evidence that supports the victim’s claim and will put together a demand package. The demand package includes all of the medical records, bills, and other damages the victim claims. The attorney will make a settlement offer in this package as well. If the insurance company refuses to settle, a lawsuit must be filed.
Once a lawsuit is filed, the parties will engage in discovery, which is the exchange of evidence between opposing counsel. Medical records, medical bills, employment records, eyewitness accounts, driving records, and other such items may be exchanged. The parties may be deposed and they may also attend mediation, which is the attempt to negotiate a settlement agreement with the assistance of a third party neutral.
If the parties cannot agree to a settlement amount, the case will proceed to trial. During trial, attorneys will ask the parties and their witnesses questions about the incident in front of a judge and jury. They will also present evidence for the judge and jury to consider as they determine issues of liability. The attorneys at Sanabria & Associates have conducted jury trials of all types and are not intimidated by a courtroom battle.
PEDESTRIAN & BICYCLE ACCIDENT LAWYERS
Shortly after an accident involving a bicyclist or pedestrian, the insurance companies will attempt to settle the claims. However, accident victims should not speak to these adjusters without consulting an attorney. The insurance adjusters’ loyalty is to the insurance company. Their job is to settle claims for as little as possible. Therefore, the majority of the time, offers they make will be grossly inadequate.