SUV vs. Bicycle Crash Lawsuit Filed in Volusia County

Our attorneys have filed a one count lawsuit for injuries stemming from a Sport Utility Vehicle vs. Bicycle crash near the beach in Port Orange, Florida.

If you have a question on a Florida bicycle crash claim, contact our law firm today for a free case consultation.

Read the Bicycle Crash Lawsuit

Names have been redacted out of respect for our client. However, below is the substance of the SUV vs. Bicycle crash case.

IN THE CIRCUIT COURT OF THE 7TH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, FLORIDA

CASE NO.:

PLAINTIFF,

Plaintiff,

vs.

DEFENDANT,

Defendant.
____________________________________/

COMPLAINT

COMES NOW the Plaintiff, PLAINTIFF, by and through undersigned attorney, and hereby sues the Defendant, DEFENDANT and alleges as follows:
Jurisdictional Allegations
1. This is an action for damages stemming from an SUV vs. Bicycle crash, which exceeds the sum of Fifteen Thousand ($15,000.00) dollars exclusive of fees and costs.
2. At all times material hereto, this action is filed within the relevant statute of
limitations period and venue is appropriate.
3. At all times material, hereto the Plaintiff, PLAINTIFF, was a resident of Volusia County, Florida.
4. This SUV vs. Bicycle crash occurred in Volusia County, Florida and all incidents giving rise to this action occurred in Volusia County, Florida.
5. At all times material hereto, the Defendant, DEFENDANT, was a resident of Flagler County, Florida.

FACTS GIVING RISE TO THIS ACTION

6. On or about May 28, 2018, the 24-year-old Plaintiff, PLAINTIFF, was riding her bicycle in the marked crosswalk on Atlantic Avenue in Port Orange, Florida near the beach.
7. At that time and place, DEFENDANT was operating her 4,000 pound 2015 Acura MDX Sport Utility Vehicle (SUV).
8. At that time and place, DEFENDANT negligently drove her SUV into the crosswalk and stuck PLAINTIFF on her bicycle.
9. PLAINTIFF was thrown off her bicycle and landed on the street due to the forceful impact.
10. DEFENDANT negligently caused this SUV vs. Bicycle crash.
11. All conditions precedent to bringing this action have been met or waived.

COUNT I:
PLAINTIFF V. DEFENDANT

Plaintiff re-alleges paragraphs 1 through 11 and further alleges:
12. At said time and place, DEFENDANT, negligently operated her vehicle in Volusia County, Florida, by slamming into PLAINTIFF while she rode her bicycle.
13. As a direct result of DEFENDANT’s negligence, an SUV vs. Bicycle crash occurred, resulting in PLAINTIFF being thrown from her bike.
14. Specifically, DEFENDANT, was negligent by:
a. failing to stop her SUV before slamming into PLAINTIFF;
b. failing to keep a proper look out;
c. failing to maintain control of the vehicle and operate the vehicle at a safe speed;
d. failing to prevent an automobile collision with PLAINTIFF;
e. failing to properly maintain distance from other vehicles and bicycles;
f. negligently entering a crosswalk containing pedestrians and bicyclists;
g. driving while distracted by a cell phone; and
h. failing to act reasonably under the circumstances.

15. As a direct and proximate result of the aforesaid negligence, PLAINTIFF, suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent or continuing and PLAINTIFF will suffer the losses in the future. Plaintiff’s bicycle was damaged and/or destroyed she lost the use of it during the period required for its repair or replacement.

WHEREFORE, the Plaintiff, PLAINTIFF, demands judgment for damages and costs against the Defendant, DEFENDANT, and further demands a trial by jury of all issues so triable.
DATED this 26th day of March, 2019.

/s/ Michael J. Brevda, Esq.
Michael J. Brevda, Esq.
Florida Bar No.: 084048
SENIOR JUSTICE LAW FIRM
1903 S. Congress Ave, Suite 380
Boynton Beach, Florida 33426
Phone: (561) 717-0813
Fax: (561) 708-6781
Email: eservice@SeniorJustice.com
Attorneys for Plaintiff

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