Pothole Bicycle Accident

Were you injured in a pothole bicycle accident here in SW Florida?

Attorney Christopher J. Smith speaks in this legal educational video about bicycle accidents and lawyer fees.

So you are riding your bike along a beautiful sunny day here in Fort Myers, Cape Coral, Lehigh Acres, Naples or even in Port Charlotte and all of a sudden you crash!  While you gather your wits about you, you see a pothole right in the pathway that caused your crash.  Now what?  The team here at Goldstein, Buckley, Cechman, Rice, Purtz, Smith & Smith, P.A. is here to make sure you get a free consultation with an attorney to help fight for your justice if you were injured in a bike crash.  Here are some answers to common questions we get asked about bicycle accidents.

Question:

Do I have a lawsuit if I was injured by hitting a pothole on my bike?

Answer:

If you’re injured on your bicycle as a result of a poorly maintained road, yes, you should have a case. It’s important to get a personal injury attorney involved as quickly as possible in those situations because oftentimes, we want to make sure that the condition of the roadway is documented as close to the time to the crash occurred. We have local experts and investigating agents who can get import detail where the accident in case you didn't when the crash happened.  You want to make sure that you hire an attorney as quickly as you can, particularly before you’re contacted by any insurance companies or approached by insurance companies about trying to resolve your case.

Question:

The insurance company where the accident happened called me asking for a statement after my bicycle accident, should I give one?

Answer:

You need someone fighting for you in your corner. Giving a statement to the insurance adjuster without consulting with a lawyer can be catastrophic to your case. Oftentimes, in these type of cases, there may be arguments on the part of an insurance company that you’re at fault for that type of a crash. They may also twist your words to benefit their percentage of liability.  That’s why you want to make sure that you hire an experience bicycle accident attorney who can help to refute those claims as early as possible. For that reason, if you’ve been injured as a result of a poorly maintained road, poorly maintained sidewalk or parking lot, please call us. We’d be happy to talk with you and help you with your case.

Question:

Can I sue the city if I was injured by hitting a pothole on my bike?

Answer:

Goldstein, Buckley, Cechman, Rice, Purtz, Smith & Smith, P.A. is very experienced with cases involving municipalities, cities, or counties here in SW Florida. If someone has a bicycle crash accident on a curb or sidewalk in these areas, they also may have a valid case. The process for holding a government entity liable for injuries is much more complex and limited than suing a private property owner. This is primarily due to the doctrine of sovereign immunity, which protects government agencies from lawsuits unless they have expressly waived that immunity. In Florida, property owners, including cities, counties, and municipalities, are required by law to maintain their property in a reasonably safe condition. What is sovereign immunity? It limits the damages recoverable to $200,000 and caps attorney fees at 25%: our firm continues to take on these cases regardless of these limits. A very important note regarding this type of accident is the timeframe to give notice: there is a mandatory six-month waiting period before a lawsuit can be filed. So, it is important to get an experienced bike accident lawyer involved right away to make sure they can stay within that deadline and gather evidence as quickly as possible.  Know that we handle these cases regularly and are committed to pursuing justice for our clients.

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Have you or a loved one been injured in a bicycle accident in Florida and have questions about a pothole bicycle accident? Contact our experienced Southwest Florida bicycle accident lawyers today for a free consultation and case evaluation. Free consultations with an attorney are just a call or click away. Serving: Fort Myers, Naples, Cape Coral, Port Charlotte, Lehigh Acres and more because we are your attorney near me.

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