South Florida Personal Injury Lawyers Blog
Florida biking accidents are a common cause of serious injuries in the state. In fact, the cyclist death rate in Florida is over 50% higher than in surrounding states. Miami leads the list of the Florida cities with the highest fatality rates. Bikers, motorists, and pedestrians must take special precautions while operating their vehicles or walking in roadways. Individuals who have been involved in a Florida bike accident should contact an experienced injury attorney to discuss their rights and potential remedies.
Late last month, an appellate court issued an opinion in a plaintiff’s appeal of summary judgment in favor of a county in a Florida negligence lawsuit. The biker filed a lawsuit after he suffered injuries when he lost control of his bike and fell into a drainage ditch. In his lawsuit, he alleged that the county had actual or constructive notice of the ditch. The country argued that it was not liable for the biker’s injuries because the plaintiff did not establish the element of causation.
According to the court’s opinion, the biker could not remember the exact moments right before falling into the ditch. However, the biker recalls that he was heading west when he approached the intersection and noticed a car stopped on the northbound lane. The plaintiff attempted to proceed south, but he did not know what the car was going to do, so he tried to go around the corner and stay on the shoulder. However, he was then struck by a vehicle and blacked out for several hours.
Under Florida law, a party moving for summary judgment must first establish that there are no genuine issues of material fact. The law requires that courts exercise particular care in granting summary judgment in negligence cases. In these cases, defendants do not meet their burden by only showing that the plaintiff is unclear about what caused their damages.
Taking those principles into consideration, the court concluded that the county was not entitled to summary judgment. While resolving all doubts against the county, as the court must do in a motion for summary judgment, the remaining facts demonstrated that the plaintiff established a prima facie case of negligence. In these cases, summary judgment is appropriate because a jury should be allowed to resolve the question of whether the county’s negligence was the cause of the plaintiff’s injuries.
Have You Been Injured in a Florida Biking Accident?
If you or someone you know has suffered serious injuries in a Florida bike accident, you should contact the injury attorneys at Friedman Rodman Frank & Estrada, P.A. The attorneys at our law firm have extensive experience handling various types of injury accidents, ranging from bike accidents, pedestrian accidents, motor vehicle collisions, workplace injuries, nursing home abuse and neglect cases, and medical malpractice claims. Our Florida bike accident attorneys understand the devastating and often fatal toll a bike accident can have on a person and their families. We work tirelessly on behalf of our clients to ensure that they receive top-notch representation and results. Contact our office at 877-448-8585.