Bike Accident Attorney Serving West Palm Beach, Ft. Lauderdale, Miami, Dade County, and all of South Florida
A number of factors contribute to accidents between bicyclists and automobiles, trucks and buses. Such accidents are often the result of negligence on the part of the driver, not the cyclist. Some of the mistakes most often made by drivers include:
- Failing to yield the right of way
- Failing to provide enough room for the bike when passing
- Failing to see a bicyclist at an intersection
- Making a right or left turn into the path of a cyclist
When a bicycle collides with a car or truck that weighs 2,000 pounds or more, the odds of avoiding serious injury are, to put it mildly, not in the bicyclist’s favor. Broken bones, severe lacerations, head and/or spinal trauma, concussion, and paralysis are all fairly common. Severe injuries such as these typically require expensive, ongoing medical treatment. Paying for this care can prove financially devastating to the victim as well as to his or her family.
You do not have to bear the brunt of medical costs and other consequences of a bicycle accident alone. Fort Lauderdale bicycle injury attorney David Benenfeld can help you obtain compensation to cover medical treatments, medications, future medical treatments, lost wages, and more. Claims can be made against the driver of the vehicle, his or her insurer, even third parties whose negligence may have been partially responsible for the bike accident. If a member of your family has been killed in a bicycle accident, Mr. Benenfeld can help you obtain compensation for wrongful death and other damages.
To make the best possible case and maximize the chances of obtaining compensation, it is important to take a number of steps immediately after a bicycle accident. These include:
- Contact the police as soon as possible and insist that the responding officer file a bicycle accident report. If the officer will not file a report, do so yourself within 72 hours of the accident
- Seek immediate medical care for any and all injuries
- Obtain as much information as possible about the driver who injured you, such as the person’s name, address, phone number, insurance company, license plate number and other details about the vehicle that hit you
- If there are any witnesses to the bike accident, try to get their names and contact information
- If possible, use your cell phone to take pictures of the scene of the accident, your bicycle, your injuries and the other vehicle
- Contact experienced Fort Lauderdale bicycle accident lawyer David Benenfeld before you talk to the insurance company representing the driver who injured you
All Bargaining Takes Place in the Shadow of the Law
Most bicycle accident claims are resolved through private settlements, and not through courtroom verdicts. That doesn’t mean that the law doesn’t matter, however. What motivates a defendant or an insurance company to settle your claim rather than go to court is the prospect of losing in court – without that leverage, the defendant will have no motive to settle your claim.
What that means to you is that even when you are negotiating informally, you need to be able to show that (i) the law is on your side and (ii) you can gather enough admissible evidence to prove your claim in court. In addition, you need the negotiating skills to stand your ground against a stingy defendant. This is especially true when you are negotiating against an insurance company.
Insurance Companies are Tricky
Insurance claims adjustors are notoriously skilled negotiators, and they are also not above using underhanded, deceptive and manipulative tactics to get you to accept a settlement offer that doesn’t even begin to cover your real losses. I know all their tricks, and I will not fall for any of them – there is absolutely no way I’m going to allow anyone to take advantage of my client.
“David made things very clear and I was very satisfied with the service given to me. I felt like family instead of a client. They were heartwarming and actually treated me like family. They explained the law to me so that I understood it and never rushed me off the phone or out of his office. They were caring and compassionate. I would highly recommend their services and give them a 10 out of a 10!”
Some of My Practice Areas
In addition to bicycle accident cases, I also frequently take the following kinds of cases:
- Auto Accidents
- Motorcycle accidents
- Nursing home abuse
- Personal Injury
- Slip and Fall/Premises Liability
- Social Security Disability Insurance
- Workers’ Compensation
- Trucking Accidents
- Wrongful Death
A Track Record of Success
David M. Benenfeld has been showered with awards from both peers and clients. He maintains an “A+” rating from the Better Business Bureau. Additionally, he has won the AVVO Clients’ Choice Award for four consecutive years due to the outstanding client reviews he has received. He has also been admitted to the Million Dollar Advocate Forum along with fewer than one percent of all lawyers.
Act Before Your Claim Goes Stale: Contact Your Bicycle Accident Attorney
A bicycle accident can grow stale over time if no investigation takes place and admissible evidence is not preserved and gathered. The memory of witnesses fades, for example, and physical evidence deteriorates. Meanwhile, the statute of limitations clock is always ticking. The time to act on your claim is now.
If you have been injured in a Florida bicycle accident, or if your loved one has been killed in such an accident, call David M. Benenfeld at 954-677-0155, or complete the online contact form. We can schedule a free consultation to discuss your claim and answer your questions.