Boca Raton Bicycle Accident Lawyer
One of the most pressing public safety issues is the alarming rise in bicycle collisions. Politicians have the power to reduce or eliminate these collisions, which often involve children and are often fatal. However, they don’t exercise this power, partially out of financial concerns, and partially because of bikelash, which is driver antagonism toward concrete pillars that set off bike lanes and other such measures.
When politicians refuse to protect people, the dedicated Boca Raton bicycle accident lawyers at Smith, Ball & Báez step into the arena. We take our commitment to our clients and their well-being very seriously. So, we work hard to ensure that these victims get the medical treatment they need. We also work hard to obtain the financial compensation they need and deserve.
Bicycle Crash Injuries
As mentioned, many bicycle crash victims are children whose bodies are still developing. As a result, some common bicycle crash injuries hit these victims particularly hard.
- Head Injuries: The brain doesn’t fully develop until about age 25. If a child sustains a brain injury, the child’s brain may never fully develop at all. Every year, these victims fall further behind their peers, so these lingering injuries affect not only school performance, but also future earning capacity.
- Nerve Injuries: When riders fall off their bikes, they naturally extend their arms to break their falls. This natural reaction often strains nerves in the brachial plexus bundle under the arms, which contains most of the nerves in the upper body. These nerves can only take so much wear and tear. A childhood trauma injury means more problems later.
- Broken Bones: A child’s bones, like a child’s brain, are still developing. A childhood bone injury, especially to a leg bone, often creates back problems later in life. These back problems are extremely painful and almost impossible to correct.
State law requires riders under 16 to wear helmets. But thin bicycle helmets offer almost no protection against severe head injuries. They don’t protect nerves and bones at all.
Because these injuries are so serious, a Boca Raton bicycle accident lawyer quickly connects victims with top-notch doctors in this area. Usually, these physicians don’t charge any money upfront.
Liability Issues and Boca Raton Bicycle Accident Lawyers
Medical bills, and other accident-related bills, must be paid eventually. Compensation is available if a victim/plaintiff proves negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
Motorists have a duty of care which requires them to avoid accidents whenever possible. Granted, it’s hard for drivers to see small children on small bicycles, especially if visibility is poor. But that doesn’t excuse negligence. If anything, these factors mean that drivers must slow down even more and be even more careful.
Motorists breach their duty of care when they drive aggressively or while impaired. If a breach of duty causes injury, compensation includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Several insurance company defenses are available in these claims. The bicycle helmet defense is one of the most common ones.
This defense could apply regardless of the victim’s age. In Florida, failure to wear a bicycle helmet is evidence of contributory negligence. In other words, victims without helmets could be legally responsible for their own injuries, even if the driver was clearly negligent.
This defense is difficult to prove in court. As mentioned, helmets do nothing to prevent most kinds of injuries. Additionally, the motion of a crash, as opposed to a trauma impact, often causes a head injury. Most bicycle helmets don’t offer any protection in this area.
Work With a Diligent Palm Beach County Lawyer
Injury victims are entitled to significant compensation. For a free consultation with an experienced bicycle accident lawyer in Boca Raton, contact Smith, Ball, Baez & Prather, Florida Injury Lawyers. The sooner you reach out to us, the sooner we start fighting for you.