In Florida, specific laws are in place to protect cyclists, but legal complexities can arise when an accident occurs. Here we explore the necessary steps to take after a bicycle accident and explain how legal representation can help secure fair compensation.
Florida Bicycle Laws and Your Rights as a Cyclist
In Florida, bicycles are legally considered vehicles, meaning cyclists are required to follow the same traffic laws as drivers, including stopping at red lights and yielding where necessary.
Florida law clearly provides that a bicyclist can utilize sidewalks to ride a bicycle. It is perfectly legal to ride a bicycle on a sidewalk. When there is an available bicycle lane OR when the sidewalk is crowded with pedestrians, it may be better to ride the bicycle on the side of the roadway.
One of the most important laws for cyclists involves the use of bike lanes. Florida law requires cyclists to use bike lanes when available, but in cases where no bike lane exists, they should ride as close to the right-hand curb or edge of the roadway as possible. Cyclists are also allowed to move into traffic lanes when it is necessary to avoid hazards or to make turns.
Common bicycle laws include:
- Three-Foot Rule: Drivers must maintain a minimum of three feet of space when passing a cyclist (Florida Statute 316.083).
- Helmet Law: Cyclists under the age of 16 are required to wear helmets (Florida Statute 316.2065).
- Bike Lane Usage: Cyclists must use bike lanes when available but may leave the lane to avoid hazards or make turns (Florida Statute 316.2065).
- Cyclists’ Rights: Bicycles are legally considered vehicles, and cyclists must follow traffic laws, such as stopping at signals and yielding when necessary (Florida Statute 316.2065).
- Nighttime Riding: Cyclists are required to have a front white light and a rear red reflector or light when riding at night (Florida Statute 316.2065).
While there is no statewide law requiring adults to wear helmets, cyclists under the age of 16 are required to wear one. Although not mandatory for adults, helmets are strongly recommended, as they significantly reduce the risk of head injury in an accident.
What Should I Do After a Bicycle Accident?
After a bicycle accident, you should:
- Seek Medical Attention: Even if you don’t feel injured right away, it’s important to get checked by a healthcare professional. Injuries may not always be immediately apparent.
- Document the Scene: Take photos of the accident, including any damage to your bicycle, vehicles involved, and your injuries. If there are witnesses, ask for their contact information.
- File a Police Report: Always report the accident to law enforcement. A police report can serve as valuable evidence if you need to pursue a legal claim later on.
- Collect Insurance Information: If a motor vehicle is involved, exchange insurance and contact information with the driver. This will be necessary when filing a claim with their insurance provider.
- Avoid Making Statements: Be cautious about discussing the accident with others, especially insurance adjusters. Anything you say may be used against you when determining fault or the value of your claim.
- Contact an Attorney: Consulting with a bicycle accident lawyer can help you understand your legal rights and determine whether you are eligible for compensation. A lawyer can guide you through the claims process and protect your interests.
Bicycle Accidents Can Result in Serious Injuries
Bicycle accidents often result in serious injuries due to the vulnerability of cyclists compared to motor vehicles. Common injuries include:
- Broken bones
- Head trauma resulting in catastrophic injury
- Spinal injuries
- Severe cuts or bruises
- Dislocated joints
Even with protective gear, such as helmets, cyclists are at risk of life-altering injuries that require long-term medical care. Head injuries, in particular, can lead to traumatic brain injuries (TBI), while spinal injuries may cause paralysis. The physical, emotional, and financial toll of these injuries underscores the importance of seeking legal representation to recover compensation.
Recoverable Damages After a Bicycle Accident in Florida
Florida is a no-fault state, meaning your Personal Injury Protection (PIP) insurance typically covers initial medical expenses and lost wages, even in a bicycle accident. After exhausting PIP benefits, or if your injuries meet a serious injury threshold, you may be able to pursue additional compensation. Potential recoverable damages include:
- Medical costs (emergency services, hospital care, rehabilitation, etc.)
- Lost wages from time off work
- Future medical expenses for long-term injuries
- Diminished earning capacity if a disability affects your ability to work
- Pain and suffering
- Wrongful death damages for surviving family members in fatal accidents
Contact a Skilled Florida Bicycle Accident Attorney at Injury Law Pros
Even when cyclists follow Florida’s road rules, accidents involving motor vehicles can still result in severe injuries. The coverage provided by PIP insurance may be insufficient to cover ongoing medical expenses, especially when the injury causes lost wages.
If you or a loved one has been injured in a bicycle accident, contact us for a free consultation. We often handle personal injury cases on a contingency basis, meaning you only pay if we win your case.
For more information about how we can assist with other personal injury cases, visit our Practice Areas page to explore the full range of legal services we offer, including car accidents, wrongful death, and more.