Bicycle and Pedestrian Accidents: A Look at Florida’s Negligence Laws

Florida’s year-round sunshine and scenic roadways make it a haven for cyclists and pedestrians. Unfortunately, it’s also one of the most dangerous states in the nation for people walking or biking near traffic. Each year, thousands of pedestrians and bicyclists are injured, or worse, by negligent drivers who fail to yield, speed through intersections, or drive while distracted.

When an accident occurs, understanding how Florida’s negligence laws apply is essential for determining who is liable and what compensation may be available. This article explores how liability is established in bicycle and pedestrian accidents, what victims can recover, and how a Florida personal injury lawyer can help build a strong case for justice.

The Alarming Reality of Bicycle and Pedestrian Accidents in Florida

According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), pedestrian and bicycle accidents account for a significant share of the state’s traffic fatalities. Major metro areas such as Miami-Dade, Broward, and Hillsborough Counties consistently rank among the worst for pedestrian deaths.

Contributing factors include:

• High-speed roadways with limited crosswalks
  
• Distracted driving (texting, GPS use, or eating behind the wheel)
  
• Poor lighting or visibility at night
  
• Failure to yield at intersections and driveways
  
• Impaired driving from alcohol or drugs
  
• Tourists unfamiliar with Florida’s road laws

These collisions are rarely “accidents” in the true sense, they are often the direct result of preventable negligence.

Florida’s Negligence Laws Explained

Florida follows a modified comparative negligence system (Florida Statute §768.81). This means:

• Each party involved in an accident is assigned a percentage of fault.
  
• You can recover damages only if you are 50% or less at fault.
  
• Your total recovery is reduced by your percentage of fault.

For instance, if a cyclist is hit by a car while crossing outside a marked crosswalk and is found 10% at fault, a $100,000 settlement would be reduced to $90,000.

Even if a pedestrian or cyclist made a mistake, they may still recover significant compensation if the driver’s negligence was the primary cause.

Duties of Drivers Under Florida Law

Florida law places a heightened duty of care on motorists when operating around pedestrians and bicyclists. Drivers must:

• Yield the right of way at crosswalks and intersections.
  
• Allow at least 3 feet of clearance when passing a bicycle (Florida Statute §316.083).
  
• Avoid distracted or aggressive driving behaviors.
  
• Exercise “due care” to avoid colliding with pedestrians.

Failure to uphold these duties can result in civil liability and, in severe cases, criminal charges.

Rights and Responsibilities of Cyclists and Pedestrians

While drivers must exercise caution, pedestrians and bicyclists also have legal responsibilities:

For Cyclists:

• Follow traffic signals and lane markings.
  
• Use proper lighting and reflectors at night.
  
• Ride with the flow of traffic, not against it.

For Pedestrians:

• Cross streets at marked crosswalks when possible.
  
• Obey “Walk/Don’t Walk” signals.
  
• Stay on sidewalks when available.

If a cyclist or pedestrian fails to follow these rules, comparative fault may reduce, but not necessarily eliminate, their recovery.

Common Injuries in Bicycle and Pedestrian Accidents

Because of the lack of protection, injuries in these collisions are often catastrophic. Common outcomes include:

• Traumatic brain injuries (TBI)
• Spinal cord injuries and paralysis
• Fractures and broken bones
• Internal bleeding and organ damage
• Road rash and disfigurement
• Fatal injuries leading to wrongful death claims

Many victims require long-term rehabilitation or lifelong medical care, especially when struck at high speeds.

A Florida catastrophic injury lawyer can ensure that medical experts document every physical and psychological impact of the accident to support maximum recovery.

Proving Negligence in Bicycle and Pedestrian Accidents

Establishing fault requires careful evidence collection and legal analysis. A Florida personal injury attorney will:

• Review police and traffic crash reports.
  
• Obtain surveillance or dashcam footage of the collision.
  
• Interview witnesses and nearby business owners.
  
• Consult with accident reconstruction experts.
  
• Evaluate roadway design and lighting conditions.

The goal is to prove that the driver’s negligence, speeding, distraction, impairment, or failure to yield, was the primary cause of the injury.

Recoverable Damages for Victims

Bicycle and pedestrian accident victims in Florida may recover compensation for both economic and non-economic losses, including:

• Medical expenses (past, current, and future)
  
• Lost wages and reduced earning capacity
  
• Pain and suffering
  
• Emotional trauma and PTSD
  
• Permanent disability or disfigurement
  
• Loss of companionship in wrongful death cases

If the at-fault driver was grossly negligent or impaired, punitive damages may also be pursued to punish and deter such behavior.

Wrongful Death Claims After a Fatal Accident

Tragically, many pedestrian and bicycle collisions are fatal. Under Florida Statute §768.19, surviving family members can file a wrongful death claim to recover damages for:

• Funeral and burial expenses
  
• Loss of financial support
  
• Loss of companionship and guidance
  
• Mental anguish

A compassionate Florida wrongful death lawyer can help families navigate this process while protecting their rights against powerful insurance companies.

Related Practice Areas

Bicycle and pedestrian accidents often overlap with other legal categories, such as:

• [Florida Car Accident Lawyers], when a negligent motorist causes injury.
  
• [Florida Distracted Driver Attorneys], for crashes involving phone use or inattention.
  
• [Florida Drunk Driver Accident Lawyers], for alcohol-related injuries.
  
• [Florida Wrongful Death Attorneys], for fatal pedestrian and cyclist collisions.

Each area focuses on one core issue: holding negligent drivers accountable under Florida law.

Why You Need a Florida Personal Injury Lawyer

Insurance companies often try to shift blame onto vulnerable road users or minimize settlement amounts. Having a Florida bicycle and pedestrian accident attorney ensures you have an advocate who can:

• Investigate the crash thoroughly.
  
• Handle all insurance and legal communications.
  
• Negotiate aggressively for fair compensation.
  
• Take your case to trial if necessary.

Because the statute of limitations for injury claims in Florida is two years, it’s critical to act quickly to preserve your rights.

Call Kogan & DiSalvo Personal Injury Lawyers

If you or a loved one was injured in a bicycle or pedestrian accident, the experienced team at Kogan & DiSalvo Personal Injury Lawyers is here to help. We’ll identify the at-fault party, gather evidence, and pursue the compensation you deserve.

Call (561) 286-8132 today for a free consultation. We proudly serve clients from our offices in Boca Raton, Delray Beach, Plantation, Palm Bay, St. Petersburg, Vero Beach, North Miami Beach, Boynton Beach, Fort Lauderdale, Lakeland, Stuart, Tampa, and West Palm Beach.