Bicycle Accidents

Southwest Florida Bicycle Accident Attorneys

As Southwest Florida is home to year round sunshine and warm weather, bicycles are a very popular method of transportation. Florida boasts some of the highest number of cyclists in the country with residents and tourists alike enjoying countless hours on bike trails, beaches, and roadways across the state. It should come as no surprise then to see that Florida is one of the country’s leaders in bicycle accidents. What is surprising, however, is just how dangerous these accidents can be.

According to the National Highway Transportation Safety Administration, Florida has the highest per-capita cyclist death rate at 6.69 deaths per 1 million residents in the entire country. The Wall Street Journal also reports that Florida is one of the most dangerous places to ride a bicycle, going so far as to call Pinellas County in the Tampa Bay area as one of most dangerous places to bike in America. So what are some things you should keep in mind in the event that you are involved in a cycling accident? Do you have any legal remedies if you get into an accident and have serious injuries and high medical bills?

Florida Bicycle Law

As a cyclist, one of the most important things to remember is that you have as much right to the road as any motor vehicle. With that being said, cyclists are also required to follow the same traffic laws as motor vehicles. That means obeying traffic lights, stopping at stop signs, and following all relevant traffic law. Florida also considers the bicycle to be a vehicle so it is possible to receive a DUI for riding a bike under the influence, as well as numerous other citations for traffic infractions.

The state of Florida recommends riders always a wear helmet, but contrary to popular belief it is not required unless the cyclist is under the age of 16. This means that you may still file a claim even if you weren’t wearing a helmet when the accident happened. In fact, Florida bicycling law states, “The failure of a person to wear a bicycle helmet or the failure of a parent or guardian to prevent a child from riding a bicycle without a bicycle helmet may not be considered evidence of negligence or contributory negligence.”

Also keep in mind that it is unlawful to have more than one person riding on the bicycle unless the bike itself is designed to accommodate multiple people or the second passenger is a child riding in a secured carrier or seat. Additionally, if you are riding at night please ensure you also have proper reflective attire and are using appropriate lighting to make those around you aware of your presence.

Bicycle Accidents and Compensation

In Florida, a majority of bicycle accidents are the result of a crash with a motor vehicle. It is often the case that drivers behind the wheel are not even aware of cyclists, and as such, the driver often strikes the cyclist without even seeing them. In the event you are involved in cycling accident with a motor vehicle, what should you do?

• Seek emergency medical attention
• Contact the police
• Obtain information from all of the involved parties if possible
• Document the events that occurred and take photos if possible
• Contact our office

The owner of a motor vehicle in Florida is required by law to carry what is known as personal injury protection (PIP). This law states that regardless of who is at fault, each driver, including bicyclists, who suffer an injury may file a claim under their insurance policy to recover the following expenses:

• Medical Expenses: 80% of medical expenses, including surgical, X-ray, dental, and rehabilitative services;
• Disability Benefits: 60% of any loss of gross income and loss of earning capacity; and,
• Death Benefits: $5,000 per individual in addition to the medical and disability benefits, paid to the executor or administrator of the deceased, or the deceased’s relatives.

These claims are limited to $10,000 and they apply only to things defined as “emergency medical conditions,” but PIP claims may be an available means to seek and receive compensation for your injuries. If your medical bills or property damage exceed $10,000, you may be able to receive compensation from the person who was at-fault for the injury. If the driver of the vehicle does not stop after hitting you, the accident then becomes a felony hit and run. Regardless of the cycling incident, it is important to contact the police immediately following the accident.

Bicycle accidents may also occur without automobiles and can be due to dangerous road conditions, low visibility caused by an obstruction, or poor road repairs. In these cases, it may possible to seek compensation from local government or the company that completed the repairs. In the event a defective part on the bicycle itself may have caused the accident, it may also be possible to seek compensation from the company who made the bicycle.

Injured In An Accident? Contact Our Office Today!

In any event, it is important to contact an attorney immediately if you have been injured in a bicycle accident that may be due to another party’s negligence. Our Southwest Florida personal injury attorneys take pride in providing one-on-one, exemplary representation to each client we serve. If you have experienced a serious personal injury due to the negligence of another, you may be able to pursue a claim to recover damages from the offending party responsible. We welcome the opportunity to meet with you to discuss your bicycle accident claim.

To schedule a complimentary case review with an attorney, please contact our office directly at (239) 466-1161. Additionally, you may also fill out the form below and a member of our staff will contact you once your inquiry is received.