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CinemaBlend.com reports that actor Gene Hackman was bike riding in the Florida Keys when he was hit by a car. Many bicycle riders have experienced scrapes, bumps, bruises at some time when riding a bike. It is reported that Mr. Hackman, who is 81 years old, was not wearing a helmut.
Mr. Hackman was riding his bicycle on Islamorada Street when he was struck by a pick-up truck. The pick up truck approached from behind and knocked him off his bicycle. Mr. Hackman fell into a grassy area which served to minimize his potential injuries. After his bicycle accident, Mr. Hackman was transported by a helicopter to a hospital emergency room to treat his injuries.
Fortunately for Mr. Hackman his accident was more frightening than life threatening. According to USA Today, Mr. Hackman suffered "bumps and bruises" as the result of his South Florida bicycle accident. Jessica Grabert author of the CinemaBlend.com article, expresses the hope that Mr. Hackman will exercise more caution in the future, both in wearing a bicycle helmut and to try never again to put himself in a position to be rear-ended.
Mr. Hackman, has the right to bring a negligence claim against the owner of the truck that struck him. Florida law presumes that the driver of a vehicle that strikes a bicyclist, or other vehicle in the rear is 100 per cent responsible and liable for all of the innocent victim's damages, which include pain and suffering, lost wages and medical bills.
As Florida is a "No-Fault" state, Mr. Hackman will have to prove that the injuries he sustained are serious and permanent in nature. He will need to seek followup treatment after his hospital visit. I would recommend medical treatment with a board-certified Orthopaedist or Neurologist.
This followup treatment should be sought soon after the accident and the subsequent hospital visit. The longer Mr. Hackman or any bicycle accident victim waits to seek treatment, the more likely the insurance company for the truck and their attorneys, will argue that Mr. Hackman's injuries were not related to the accident in the Florida Keys and or that the injuries sustained were not serious and permanent in nature.
Plaintiffs in Florida personal injury cases have an affirmative duty to mitigate their damages. What this means is that an accident victim must have taken any and all reasonable steps to reduce or minimize his or her eventual, resulting injuries. In the case of Mr. Hackman's bicycle accident, his failure to wear a helmut at the time of the accident in all likelihood would be used by counsel for the pick up truck's insurance carrier to show that Mr.Hackman failed to mitigate his damages and therefore should be entitled to reduced compensation.
While Florida law does not require bicycle riders over the age of 16 years of age to wear a helmut, it is a smart precaution to take that could both save your life and strengthen your right to eventual compensation in a claim or lawsuit for damages.
