There is no question that drunk driving is a serious problem on the roadways in the state of Florida. While this is true, the fact is that drunk bicycling is also a growing problem. In fact, according to information provided by The National Highway Traffic Safety Administration, it has been reported that alcohol intoxication was a factor in up to 37 percent of all the deadly bicycle accidents that occurred in 2017 alone. This includes cyclists along with motorists.
Our attorneys can help to explain that in addition to a bicyclist being arrested for DUI charges, just like drivers, the fact that a bicyclist is intoxicated can also impact the possibility of them receiving a favorable settlement or verdict if a crash were to occur.
That doesn’t mean that it is completely impossible for cyclists to win a bicycle accident lawsuit if they consumed alcohol before a crash, but it will make the situation more challenging and result in reduced damages being awarded.
Understanding the Precedent in the State of Florida for Bicycle Accidents Involving Intoxication
According to a recent article posted by Law.com, a verdict of almost $11.5 million was awarded after a Florida bicycle accident lawsuit was settled. However, after it was shown that the cyclist was intoxicated during the accident, the case is being reconsidered. The rider had a BAC (blood alcohol concentration) of .23 during the accident, which is well over the .08 threshold that is applied to automobile drivers.
In the case, the plaintiff was found to be 40 percent at-fault for the accident. His attorneys argued that the consumption of alcohol by the bicyclist wasn’t a significant factor in the accident. This shows just how complex these cases can be.
You May Reduce Your Ability to Recover Compensation if You Are Intoxicated while on a Bicycle
As mentioned above, even if you are partly responsible for the accident, you may be able to recover some damages. This is going to be based on the case that your attorney is able to create and if they can prove that this intoxication did not cause the accident in any way. As you can see, this may not always be possible, which is why it is a good idea to have a great attorney on your side.
Hire the Right Attorney for Your Situation and Needs
If you find that you are in a situation where you are intoxicated while bicycling and involved in an accident, you will likely suffer injuries and they may be severe. As a result, it is in your best interest to seek compensation from the at-fault party. Our legal team will fight for your rights and help you get the compensation that you deserve while showing that the intoxication levels were not accurate or that they did not impact the accident.
To learn more, contact Felice Trial Attorneys by calling (561) 444-8822. We are here to help ensure that you get the quality representation that you need and deserve.