What if the driver who hit me fled the scene?
Hit-and-run crashes are unfortunately common in bicycle accidents. If the driver is not identified, uninsured motorist coverage on your own auto insurance policy may provide compensation. Even if you do not own a car, you may be covered under a household member’s policy. An attorney can explore all potential sources of recovery.
How long do I have to file a bicycle accident claim in Florida?
The statute of limitations for personal injury claims in Florida is generally two years from the date of the accident. Wrongful death claims carry a two-year deadline from the date of death. Evidence degrades quickly in bicycle cases, so contacting an attorney promptly is important.
Can I recover compensation even if I was not wearing a helmet?
Florida does not require adult cyclists to wear helmets. While insurance companies may attempt to argue that the absence of a helmet contributed to head injuries, the lack of a helmet does not negate the driver’s negligence or eliminate your right to compensation. An experienced attorney can counter this argument with medical evidence.
What is Florida’s three-foot passing law?
Florida law requires drivers overtaking a bicycle to maintain at least three feet of lateral clearance. Violations of this law are a common cause of sideswipe collisions and can serve as direct evidence of driver negligence in a bicycle accident claim.
Are bicyclists entitled to the same rights as cars on the road in Florida?
Yes. Under Florida Statutes Section 316.2065, bicycles are legally defined as vehicles, and every person operating a bicycle on a public roadway has all of the rights and all of the duties applicable to the driver of any other vehicle. Drivers must treat cyclists as they would any other vehicle on the road.
Can I file a lawsuit against an assisted living facility?
Yes. When an assisted living facility violates a resident’s rights through abuse, neglect, or exploitation, the resident and their family can pursue civil claims for compensatory damages, punitive damages in egregious cases, and attorney fees. The Rubin Firm handles these cases on a contingency fee basis.
How do I report abuse at an assisted living facility?
Contact the Florida Abuse Hotline at 1-800-962-2873 or file a complaint with the Agency for Health Care Administration. Report to local law enforcement if criminal abuse is suspected.
What legal protections do assisted living residents have?
Florida Statutes Chapter 429 establishes comprehensive resident rights including the right to adequate care, freedom from abuse, privacy, dignity, the right to manage financial affairs, the right to file grievances without retaliation, and other protections that create legally enforceable standards.
What are common signs of neglect in an assisted living facility?
Warning signs include unexplained injuries, frequent falls, weight loss, dehydration, poor hygiene, untreated medical conditions, behavioral changes, medication irregularities, and missing personal belongings.
How do assisted living facilities differ from nursing homes?
Assisted living facilities help residents with daily activities like bathing, dressing, and medication management, while nursing homes provide intensive 24-hour skilled nursing care. They are regulated under different chapters of Florida law (Chapter 429 for ALFs, Chapter 400 for nursing homes) with different staffing requirements and care standards.
