Citi Bike is a fantastic option for commuters and visitors to Miami who may need to get around more quickly but do not want to carry their own bike or pay for a taxi or Uber. In most bike rental cases, riders use the bikes and return them without any problems. However, in some cases, unsafe bikes and unsafe drivers on the road can cause traumatic accidents that injure Citi Bike customers.
If you or a loved one was injured while riding a bikeshare rental bike, call Miami Citi Bike injury lawyer Prosper Shaked today. Prosper Shaked Accident Injury Attorneys PA may be able to file your case against the driver that injured you for traffic accidents or against Citi Bike for equipment problems that caused serious injuries and high damages. For a free legal consultation on your case and help collecting damages for your injuries, call our law offices at (305) 694-2676.
Suing Citi Bike for Injuries on Bikeshare Rentals in Miami
Citi Bike’s bicycles are left outside, typically under cover to prevent rain or other weather from damaging the cycles or making them rust. However, Citi Bike should do more to monitor its bikes and make sure that they are safe for renters. If you are injured because of a defect with one of the bikes, you may be entitled to sue Citi Bike for the injuries you faced.
When renting a Citi Bike in Miami, you are expected to follow Citi Bike’s terms of use. These terms contain a waiver that you will hold Citi Bike harmless for injuries you face while riding. However, some injuries might not be covered by the waiver. Even if the waiver does cover the injuries in your case, you may be able to challenge the waiver or your awareness of what was in the waiver and pursue your legal claim anyway.
In most cases, Citi Bike would not be responsible for accidents caused by other drivers. This means that your case against Citi Bike would typically revolve around dangers or mechanical issues with the bike that led to your injuries. For instance, a problem with the brakes could cause you to be unable to stop or could throw you from the bike by stopping more suddenly than anticipated. These injuries might justify a legal claim against Citi Bike if permitted under the waiver.
Suing Other Drivers for Citi Bike Accidents
If you are hit by a car while riding a Citi Bike, you should be entitled to compensation from the at-fault driver. In this case, it should not matter whether you were riding a Citi Bike or your own bicycle – the driver who hit you should be responsible for any injuries you faced from the crash.
Generally in Florida, no-fault insurance rules prevent car accident lawsuits that do not involve serious injuries or reach $10,000 worth of damages. First of all, you may be able to beat these limitations because your injuries are likely severe in a bike accident. If you are hit by a car while riding a bike, you have little to no protection from the other vehicle, and you could suffer traumatic or even deadly injuries. These could easily qualify under the definition of severe injuries or quickly add up to over $10,000 in damages.
Second, since you were not driving a car at the time, you may not be bound by Florida’s no-fault insurance rules. If you do have auto insurance, it may try to cover the injuries you faced while riding a bike. Similarly, homeowners insurance or renters insurance may pay some money toward bike accidents in some cases. However, the money you receive from insurance companies is often too low to cover your damages, and you may be better off filing a lawsuit.
Proving Fault in a Citi Bike Accident Lawsuit
When you sue the at-fault driver for damages, you must first prove your case against them in court. This means showing the judge and the jury that the other driver was responsible for causing the accident through negligent driving or other errors behind the wheel. You must also be able to prove the damages that the accident caused.
When proving fault in a bike accident case, you can typically point to unsafe driving choices or traffic violations that the driver committed. Holding a negligent driver responsible for accidents caused by speeding, distracted driving, drunk driving, or other egregious errors behind the wheel is common in avoidable accidents.
However, these rules cut both ways: drivers may be able to point to your traffic violations to claim that you were actually at fault. In Florida, bikers are considered pedestrians if they are riding on the sidewalk, and drivers must yield to them as they would any other pedestrian. These laws typically work to protect bike riders from liability in car accidents, but even if you are partly at-fault, it should not stop your claim. Sharing fault might reduce your damages, but it should not bar your case from court in Florida.
Common Damages Recovered in Bike Accidents
You must also prove the damages that you faced to seek compensation for them in court. This means providing the court with evidence such as medical bills, pay stubs, bank statements, and other financial records to demonstrate the financial harm you faced. You can also prove pain and suffering damages by testifying about the injuries you faced and how they affected your life and happiness.
Call Our Miami Citi Bike Injury Lawyer for a Free Legal Consultation
If you or a loved one was injured in a Citi Bike accident, call Prosper Shaked Accident Injury Attorneys PA today. Miami Citi Bike injury lawyer Prosper Shaked may be able to file your lawsuit against Citi Bike or the negligent driver that hit you and fight to seek compensation for your injuries. For a free legal consultation and to learn more about what your case is worth and whom you can sue for medical bills, lost wages, and pain and suffering, call our law offices today at (305) 694-2676.