Bicycle Accidents on Florida Roads: How to Hold Drivers Accountable

A serious bicycle accident can have life-altering consequences. If a negligent or reckless driver caused your bicycle crash, you have the legal right to hold that individual accountable for your losses. Pursuing an insurance claim or personal injury lawsuit is often a key factor in reclaiming your quality of life after such an incident.

In this article, we will consider what is involved in holding a driver accountable after a bicycle accident in Florida. We will also look into how state laws may impact your accident claim and consider potential sources of compensation for your injuries. 

Florida Bicycle Laws and Regulations

Under Florida state law, bicyclists have the same rights and responsibilities as motor vehicle drivers – with few exceptions. Both cyclists and drivers are required to act in a safe and responsible manner while on the road. 

Florida bicycle riders under the age of 16 must wear a well-fitted helmet that meets federal safety regulations. In the absence of a helmet, the negligent driver may claim you are partially accountable for your injuries – regardless of your age. However, when it comes to damages, Florida Statute § 316.2065(18) clearly states that failing to wear a bicycle helmet may not be regarded as evidence of negligence or contributory negligence in an accident.

Successfully resolving a bicycle accident claim can be challenging. An experienced Florida bicycle accident lawyer can advocate on your behalf and ensure that state laws and regulations are correctly applied in your case.

Common Causes of Bicycle Crashes

In 2024, there were over 8,800 bicycle crash injuries across Florida. A number of such incidents result in bicycle accident claims against drivers.

Bicycle accidents caused by negligent motorists are frequently attributed to:

• Distracted driving
• Aggressive driving
• Impaired driving
• Speeding
• Failing to properly yield to a cyclist
• Making unsafe lane changes or turns
• Failing to check blind spots
• Passing too closely to a cyclist
• Opening car doors into the path of a cyclist

A single careless maneuver on the part of a driver can have catastrophic consequences for a bicyclist. Determining the circumstances that led to the bike crash is an essential step in building a robust injury claim.

Compelling Evidence in Bicycle Accident Claims

Successfully holding a driver accountable after a bicycle accident will require gathering credible evidence to prove his or her negligence and liability. Clear and convincing evidence will enable you to pursue maximum compensation for what you have gone through.

Important evidence in a bicycle accident case includes:

• Police and accident reports: These serve as an official account of the accident. Crash reports may include the police officer’s observations about what occurred and an initial assessment of fault. It will also be noted whether citations were issued to the driver.
• Photos from the accident scene: Photographs of the road conditions, traffic signs, your injuries, damage to the bicycle, and all involved vehicles will help establish the severity of the accident and what led to it.
• Helmetcam and dashcam footage: Such video evidence can provide an objective account of the entire accident. 
• Eyewitness statements: Testimony from individuals who saw the accident take place can provide an unbiased perspective of what happened and support your version of events.
• Medical records: Detailed records of your injuries, treatments, and medical bills are essential in proving the extent of your damages and linking them to the bicycle accident.
• Bicycle and personal gear: The condition of the damaged bicycle, as well as your helmet and other protective gear, can reveal a great deal about the impact and force of the collision.

A bicycle accident lawyer can support you by gathering evidence and presenting it effectively on your behalf. When the facts of your case are firmly established, you can move forward confidently with your claim.

PIP Coverage and Other Sources of Compensation for Florida Cyclists

A bicycle crash can result in extensive and costly damage. Attaining full compensation for your losses is not always a straightforward process, even after the driver’s negligence and liability have been determined. 

Florida requires all drivers to carry Personal Injury Protection (PIP) automobile insurance. While this is a start, PIP coverage is easily exhausted after a bad accident. 

You will need to meet Florida’s serious injury threshold to pursue compensation beyond a driver’s PIP coverage. Such injuries are defined as significant, permanent, and debilitating.

You may be able to file a claim against the at-fault driver’s bodily injury liability insurance policy or pursue a personal injury lawsuit. A well-practiced bicycle accident attorney can explain your options and guide you through the legal process. 

Get Support From Experienced Bicycle Accident Lawyers

A severe bicycle accident may leave you struggling physically, emotionally, and financially. During this vulnerable period, holding the driver who hit you accountable for your losses may seem like an impossible task. This is no time to go it alone. 

The legal team at Kogan & DiSalvo is here to champion your cause. Providing the gold standard in personal injury law, we have dedicated our careers to holding wrongdoers accountable for the harm they cause others. After a devastating bicycle accident, you deserve empathetic and personalized legal counsel and support.

With our help, you can put this terrible incident behind you. Please contact Kogan & DiSalvo Personal Injury Law to schedule a free consultation. Let’s get you on the road to recovery.