Victims of bicycle accidents can suffer fractures, contusions, lacerations, and brain trauma. Treating injuries caused by bicycle accidents can be costly, and people hurt in such accidents are often unable to work, either temporarily or permanently. As such, they will frequently seek to recoup damages from the party responsible for their harm via negligence claims asserted in civil lawsuits.

Under Florida law, a plaintiff arguing a defendant acted negligently has to establish that the defendant owed them a duty of care. With regard to bicycle accidents, the duty owed may arise out of a statute or might be the obligation to act with reasonable care under the circumstances Next, the plaintiff has to prove that the defendant breached the duty. Finally, the plaintiff needs to demonstrate that the defendant’s breach caused the plaintiff to suffer actual losses.

If the judge or jury finds the defendant liable, they may award the plaintiff compensation for the cost of any medical care they needed after the accident, lost wages, and out-of-pocket expenses, as well as damages for the intangible harm they suffered because of the accident, like suffering, pain, and mental distress.

In some cases, the defendant will attempt to avoid liability by arguing that the plaintiff operated their bike in a negligent manner, and therefore the plaintiff should be denied damages. Under Florida law, however, unless the plaintiff is more at fault than the defendant, they will not be precluded from recovering compensation. Instead, their damages award will merely be reduced in proportion to their negligence.