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Orlando Area Bicyclist Killed in Car Accident

By Orlando Personal Injury Attorney on April 19, 2018

A Palm Bay 52-year-old female was killed while riding her bicycle early Wednesday morning. According to the Palm Bay Police Department, the accident happened around 6:20 am. As the cyclist was crossing Palm Bay Road at the intersection with Culver Drive, she was hit by a pickup truck traveling east. The cyclist was pronounced dead at the scene. The driver was not hurt and remained on the scene until police arrived. The investigation is ongoing.

Cyclist are at the highest risk of being hit by a car when crossing an intersection. In fact, even though only 11% of bicycle accidents involve a crash with a car, of these 45% take place in an intersection. Depending on who was at fault, the injured bicyclist could have the right to be compensated for his or her injuries. However, often times the cyclist is at fault – or at least partially at fault – which could limit that amount of compensation that they can receive. For instance, if the cyclist was not following the rules of the road or failed to keep a proper lookout, they could be found liable for the accident. This is because they view a bicycle as a vehicle. Thus, just like the driver of a car, a cyclist must follow the same rules of the road.

In intersection accidents, the determination of fault usually always comes down to who had the right-of-way: the car or the bike. So, if in the case at hand, the bicyclist arrived at the intersection first, then they would have had the right-of-way. If the car failed to yield to the cyclist’s right-of-way, then the driver could be held responsible for the cyclist’s death. However, if the driver of the car was on a major street and the cyclist was crossing that major street via a minor street, then the car would have had the right-of-way.

Clearly, determining fault is a complicated – yet crucial – matter. To ensure you get the compensation you deserve, it is highly advised that you seek the advice of an experienced Orlando personal injury attorney. To learn more, contact the Law Offices of James O. Cunningham, P.A. today.

 

James O. Cunningham

Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.

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