Florida is a popular place for bicyclists due to its warm weather and many beaches. However,   according to the U.S. News and World Report, Florida is the third most dangerous state for cyclists.. The high rate of bicycle accidents could be down to Florida’s recent surge in population and  relative lack of bicycle-related infrastructure.

This article will give you a primer on what to do if you are injured in a bicycle accident and a summary on the laws and procedures that govern bicycle accidents in Florida.

What to do after an accident:

A.  File insurance claim:

The first step to take if you are injured in a bicycling accident is to file a claim with the insurer of the at-fault party. After a claim is opened, the claim will be assigned to an adjuster. This individual represents the insurer’s financial interests, so he or she will attempt to deny or resolve the claim for as little as possible. It is important to cooperate with the insurance company’s investigation of your claim, but you should hire an attorney to look out for your own interests.

Florida has a no-fault insurance scheme, which provides that each party in an accident must avail himself of his own insurance coverage before seeking contribution from another party’s insurance, regardless of who is at fault.

This means that if you are injured while riding a bicycle but you own a car as well, you need to file a claim against your Personal Injury Protection insurance policy to pay the first $10,000 of your injuries.  If your injuries exceed your PIP coverage, you can sue the other driver and his insurance company to pay the balance of your claim.

 B. Call the police

Make sure to notify the authorities immediately after an accident. This will help to document what occurred and verify the identity of all parties involved.

The police not only document the circumstances and witnesses to an accident, but also investigate the cause of accidents (drunk driving, for example).

C. Collect evidence

Collect as much evidence as you can of the accident  as quickly as possible.  Evidence that may be important to prove your bicycle accident includes:

- Video surveillance captured by traffic cameras

- Names and contact information of eye witnesses

-Data from the “blackbox” (event data recorder) of any cars involved in the accident

-Physical imprints of the accident on vehicles involved

 D. Seek medical assistance

Do this as soon as possible. Seeking prompt medical attention is a sign that you have suffered serious injuries. 

Write on the intake form of your medical provider that the reason you are seeking medical care is injuries sustained in a bicycle accident.

When you are discharged, ask your provider for copies of all your medical records.

E. Hire an experienced personal injury lawyer

It is crucially important that you hire someone to represent you who understands how to evaluate your claim and put forward your best case.

Summary of Florida Laws on Bicycles:

According to F.S. Section 316.2065, “Bicycle Regulation,” bicycles are treated as vehicles. Therefore cyclists have same rights and duties as do drivers other vehicles, such as: stopping at all stop signs and red lights, riding with flow of traffic, using lights at night, yielding right of way when entering a roadway, and yielding to pedestrians at cross walks. Additionally:

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  • You cannot carry passengers on a bicycle that is not intended to carry more than one person.

  • Your bicycle must have a fixed, regular seat for riding.

  • Parents must not allow minors to violate any of Florida’s provisions.

  • All bicycles must come equipped with a braking system.

  • If riding on the sidewalk, bicyclists have the same rights and duties as a pedestrian.

  • Bicycles must be equipped with a lamp when operating between sunset and sunrise.

  • Bicyclists must use the designated bicycle path when not traveling at the speed of other traffic.

  • Bicyclists can get out of the bicycle lane in anticipation of making a turn.

  • Other laws can be found here.

Damages in Florida personal injury cases

Injured individuals can request compensation for damages they’ve suffered, including medical expenses, pain and suffering, lost wages, and punitive damages, as applicable.

Statute of Limitations

The statute of limitations limits the time you can file a claim. Florida’s  statute of limitations for personal injury cases is four years from the date of injury, which  drops to two years if it is for wrongful death. If the claim is against the city, county or the state, there is a 180-day investigatory period and then a three-year statute of limitations (again, two years if it involves wrongful death).

If you have been injured in a bicycle accident, call Florida personal injury attorney John Clarke for a free consultation at (305)467-5560!