Bicyclist Dies From Injuries After Being Struck From Behind by Swerving Car
A resident of Wellborn, Florida, was killed while riding a bicycle this week after being struck by a car. According to a report by the Florida Highway Patrol, the bicycle accident occurred when the driver of a 2010 Ford Taurus was traveling west on a road and the bicyclist was traveling in the same direction. The driver of the car veered off of the paved portion of the road and onto the grassy shoulder. The right front fire of the car struck the rear tire of the bicycle, which caused the bicyclist to be ejected from the bike. The bicyclist landed on the hood of the car before coming to rest on the ground. Emergency responders pronounced the bicyclist dead at the scene.
Florida’s Wrongful Death Act
Because this bicyclist died from his injuries, his family may be able to recover damages in a wrongful death lawsuit. The purpose of the Florida Wrongful Death Act is to shift the losses resulting from a wrongful death from the family members who survived the victim to the wrongdoer who is responsible for the death. For example, if any children or loved ones are dependent on the victim for support, they may be able to recover the value of that lost support from the person who caused the accident. A court would take into account several factors to determine how much money each surviving dependent would be able to receive from the wrongdoer, including the survivor’s relationship to the victim, the amount of the victim’s income that would have been available to the surviving dependent, and the burden on the survivor to replace the victim’s services such as healthcare or childcare costs. Additionally, a surviving spouse may also recover for the loss of the victim’s companionship and protection and for mental pain and suffering caused by the accident.
Staying Safe While Riding Your Bicycle
When you are riding your bicycle, it is important to follow some of the bicycle safety guidelines that are suggested by the National Highway Traffic Safety Administration. The NHTSA recommends taking several safety measures such as making sure that you can “see and be seen.” That means wearing neon, fluorescent, or other bright colors when you are riding during the day or night. It is also important to wear something that reflects light, such as reflective tape, markings, or flashing lights. You should also try to avoid riding at night whenever possible. But if you have to ride at night, make sure you are wearing something that makes you more easily seen by others.
If you have been injured on a bicycle and you believe another person may be at fault, contact the experienced personal injury attorneys at West Palm Beach based Pike & Lustig, LLP. Also consider contacting the experienced attorneys at Pike & Lustig, LLP if a family member or loved one has passed away in an accident and you would like to explore the possibility of pursuing a wrongful death lawsuit.