Bike Accident Death Insurance Claim Explained

Bicycle accidents are becoming more and more common in Florida. Sadly, because bike riders are physically exposed, even minor accidents could have deadly consequences.

If your loved one died due to the action of a negligent driver, you can file a bike accident death insurance claim (more commonly referred to as a wrongful death claim) against the negligent party and their insurance company to recover damages. 

Here’s everything you need to know. 

Types of bike accidents

The only protection cyclists have in traffic is their helmet so just a small collision with a vehicle can lead to severe or fatal injuries. The most common bicycle accidents in Florida include:

• 
  Driver of a stopped car suddenly opens a door and knocks the cyclist off their bike
• Driver passes too close to the cyclist, causing the rider to fall off
• Collision in an intersection caused by the driver’s lack of awareness of the cyclist
• Collision on the road when the driver doesn’t notice the cyclists and turns in front of them, thus causing a collision
• Distracted driving (using a phone while behind the wheel)
• Aggressive driving from individuals who have a bias against cyclists in traffic
• Road conditions (such as potholes) could lead to the cyclists losing control and falling off their bike, suffering a fatal injury or falling into the path of the oncoming traffic

Main elements of negligence

Most bicycle accidents happen because of driver’s negligence that also often leads to tragic collisions. Securing compensation in a bike accident death insurance claim will call for the family of the deceased individual to prove that the defendant acted negligently. 

It’s necessary to demonstrate the following elements:

• Duty of care: the defendant must have owed the victim duty of care. In these circumstances, the driver had the responsibility to prevent a car accident.
• Breach of duty of care: the driver, through their own negligent actions, breached the duty of care.
• Causation: the breach of duty in question directly caused the bicycle accident.
• Damages: the victim (or the victim’s family in case of wrongful death) suffered specific losses due to the accident.

The burden of proof in a bike accident death insurance claim lies on the plaintiff and it’s necessary to prove that the driver was more likely than not negligent. In other words, the claim is considered to be truthful if it’s proven with 51% certainty. 

How to establish fault in a case

To prove that the liable party was at fault for the accident, you’ll require clear evidence. The definition of what constitutes evidence here is very broad and can contain witness statements, documentation, photographs, or objects that indicate your claims are valid.

Most commonly, evidence in bicycle accident cases includes:



• Photos taken on the scene
• Police reports
• Surveillance videos
• Phone records
• Eyewitness statements
• Property damage
• Expert witness testimony
• Medical records
• Accident reconstructions

This evidence must prove that a party or multiple parties are at fault for the accident and that, as the victim’s family, you suffered losses. Collecting and finding all this evidence generally requires in-depth investigation and hiring multiple experts. This is why obtaining the services of an attorney knowledgeable in personal injury and wrongful death cases is a necessity. 

Who can file a bike accident death insurance claim?

Not everyone is eligible to file a wrongful death suit on behalf of the deceased individual. In Florida, eligible parties include the parents of the deceased, surviving spouse, and children. This extends to adoptive parents who are allowed to file a lawsuit for the loss of the child and vice versa. 

Furthermore, the executor of the decedent’s estate can also file a bike accident death insurance claim if the deceased individual had no family. 

Potential damages families may be able to recover

Depending on the circumstances of the accident and your familial relationship with the victim, you may be able to recover different types of damages. Typically, most claims seek economic and noneconomic damages. 

Economic or financial losses are straightforward and can include funeral and medical expenses, loss of income, loss of family services the deceased individual provided, costs of therapy needed to cope with the loss, and loss of inheritance. 

Noneconomic damages are harder to quantify and can include loss of care and guidance, loss of consortium, andothers. 

What can an attorney do for your case?

Coping with the death of a loved one who died in such tragic circumstances is a painful experience that you shouldn’t handle on your own, especially if you’re trying to take legal action. 

An attorney will provide valuable legal advice and build a strong case by conducting an investigation, interviewing witnesses, finding expert witnesses, gathering evidence, and negotiating with the liable party's insurance company to get you a fair settlement. 

It’s also worth pointing out that the statute of limitations on wrongful death lawsuits in Florida is two years. Hiring an attorney can ensure that everything is completed in a timely manner and help you avoid missing any important deadlines. 

Pursue justice with the Law Offices of RITE

While no amount of money in the world can ever bring someone back, filing a bike accident death insurance claim is one of the only ways you can recover enough funds to alleviate your financial worries. This may allow you to grieve in peace while you slowly work on rebuilding your life. 

Equally as important, a wrongful death claim can help you seek justice for the loved one who passed away. After all, it goes way beyond money, and the majority of those most affected aren’t able to move on until the court recognizes the negligent actions of the driver that caused the accident. 

With the Law Offices of RITE at your side, you can focus on your well-being while knowing that one of the most effective personal injury attorneys in Northern Florida is handling the claim for you. 

We work on a contingency basis (we don’t get paid until we recover a settlement), so regardless of your current financial standing, you really can’t lose by starting a pursuit of justice today. 

Call (904) 500-RITE (7483) or send an email to info@rite4justice.com and we’ll review your case free of charge.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.