Switch to ADA Accessible Theme
Close Menu
Matassini Law Firm
FREE Consultations Available
813-217-5715
TAMPA
Matassini Law Firm > Blog > Bicycle Accidents > Gruesome Wreck Kills Bicycle Rider

Gruesome Wreck Kills Bicycle Rider

Bike6

Even though a cyclist is dead, authorities say they have no plans to press criminal charges against anyone.

This wreck happened on the Dale Mabry Highway. According to police, a bicyclist entered a crosswalk against the light. A sedan hit the bicyclist, propelling him into a pickup truck that was travelling in a different direction.

Neither driver was injured.

Collecting Evidence

Victim/plaintiffs must establish negligence, or a lack of ordinary care, by a preponderance of the evidence (more likely than not). In many bicycle crash claims, the necessary evidence is hard to obtain.

The police accident report is a good example. For victims, the serious injury and fatality rate is very high. As a result, the narrative portion of this report might only contain one side of the story. That’s why it is always important to have a Tampa personal injury attorney review your claim, no matter what the police accident report says.

Medical evidence is often an issue as well, especially in the wake of a bicycle accident. Many of these victims sustain head injuries. Thin bicycle helmets protect against accidental fall injuries. But they do little good in high-speed collisions.

The brain is very adept at concealing its own injuries. Therefore, many head injury victims “feel fine.” They only feel hurt once more advanced symptoms, like personality changes and severe chronic headaches, appear. By this time, these injuries are much more difficult to treat.

Attorneys can often connect victims with doctors experienced at treating car crash cases. These professionals know how to diagnose and treat accident-related head injuries.

Effective evidence collection is often the key to obtaining fair compensation. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Liability Issues

Collecting evidence is not enough. Pieces of evidence are like pieces of a jigsaw puzzle. An attorney must know the right legal theory to use in order to make a compelling picture for the jury.

Bicycle accidents usually involve the ordinary negligence doctrine or the negligence per se rule. Ordinary negligence is basically a lack of care. This duty requires drivers to avoid accidents when possible. If a bicyclist is in the crosswalk, even if the tortfeasor (negligent driver) has the right-of-way, the duty of care requires the tortfeasor to avoid the bicyclist.

Negligence per se is a violation of a safety statute. This rule applies if the tortfeasor violates a safety law and that violation substantially causes injury. In these cases, there’s no need to prove a lack of care. Victim/plaintiffs need only prove cause.

Insurance companies have a chance to rebut the victim/plaintiff’s case. In many crosswalk accidents, this rebuttal involves the sudden emergency defense. This legal loophole excuses negligence if the tortfeasor:

  • Reasonably reacted to
  • A sudden emergency.

Lawyers argue that since the victim/plaintiff “darted out into traffic,” the tortfeasor could not avoid the crash.

Jaywalking bicyclists might be common hazards, but they are certainly not sudden emergencies. This description only applies to things like hood fly-ups and lightning strikes. 

Count On Dedicated Lawyers

Bicycle crashes often cause serious injuries. For a free consultation with an experienced Tampa car accident attorney, contact The Matassini Law Firm. We do not charge upfront legal fees in personal injury cases.

Resource:

abcactionnews.com/news/region-hillsborough/bicyclist-hit-killed-by-car-in-tampa-police-say

https://www.matassinilaw.com/legal-problems-mount-for-uber-and-lyft/

Facebook Twitter LinkedIn

The experience you need in your pursuit of justice

The greatest distinguishing feature among attorneys is their level of experience. Our firm has more than 60 years of legal experience, much of it spent in the courtroom at trial. As a result, our Tampa personal injury lawyers rarely encounter an unfamiliar situation and can thoroughly answer your urgent questions. Our criminal defense practice features a board certified criminal trial lawyer and two former prosecutors with impressive knowledge of trial tactics and procedures.

The resources to provide quality representation for the length of your case

Whether your case involves medical malpractice, an auto accident or a wrongful death, your attorney must be prepared to take the case all the way through trial to verdict. Many personal injury attorneys advance the cost of litigation, so they can only last so long before financial pressures start to mount. As a client, you have to wonder whether an attorneyÕs advice to settle your case reflects the quality of the offer or your attorneyÕs need to get paid. Fortunately, The Matassini Law Firm has the resources to pursue civil verdicts and settlements that reflect the actual value of your case.

Call our Tampa Bay personal injury lawyers for a free consultation

A crisis in your life calls for capable and compassionate assistance. The Matassini Law Firm, P.A. addresses your needs all the way through the legal process. For your free initial confidential conference with one of our Tampa personal injury lawyers, call us today at 813-217-5715 or contact us online.

Share This Page:
Facebook Twitter LinkedIn
888-377-0011
Toll Free
813-217-5715
Tampa
2811 W. Kennedy Blvd., Tampa, Florida 33609
GET DRIVING DIRECTIONS
+