Bicycle Accident Liability: What You Should Know as a Cyclist or Driver
Bicycle accidents are more common than most people realize, and they can result in severe injuries or even fatalities. Whether you’re a cyclist or a driver, understanding liability in bicycle accidents is crucial.
Florida’s laws regarding bicycle accidents can be complicated, and knowing your rights and responsibilities can help you stay safe and protect yourself legally.
Cyclists and drivers both have roles to play in reducing accidents, but when an accident does occur, knowing how liability is determined and what legal options are available can be critical in making a positive difference in your case.
If you’ve been involved in a bicycle accident, working with a skilled bicycle accident attorney can make a major difference in your case. Learn more from us at Oldham & Smith Attorney at Law, located in Lake County, Florida.
Outlining Florida’s Bicycle Laws
Florida law treats bicycles as vehicles, which means cyclists have the same rights and responsibilities as drivers. However, specific laws apply to cyclists and drivers that impact liability in accidents.
Cyclists’ Responsibilities
Ride in the same direction as traffic.
Obey all traffic signals and stop signs.
Use bike lanes when available.
Wear a helmet if under the age of 16.
Use lights and reflectors at night.
Drivers’ Responsibilities
Yield to cyclists when making turns.
Maintain a minimum of three feet when passing a cyclist.
Look for cyclists before opening car doors.
Avoid driving or parking in bike lanes.
Violations of these rules can impact liability in an accident and determine who may be responsible for damages.
Common Causes of Bicycle Accidents
Bicycle accidents can happen for many reasons, but some causes are more common than others. Understanding these risks can help both cyclists and drivers prevent accidents.
Distracted Driving
Distracted driving is one of the leading causes of bicycle accidents. Drivers who are texting, adjusting their radio, or eating may fail to notice a cyclist in their path.
Failing to Yield
Many accidents occur when drivers fail to yield the right of way to cyclists at intersections, driveways, or crosswalks.
Dooring Accidents
Dooring happens when a parked driver opens their car door without checking for cyclists. This can cause a cyclist to crash into the door or swerve into traffic.
Unsafe Lane Changes
Drivers who fail to check their blind spots before changing lanes can hit a cyclist riding alongside them.
Speeding
Speeding reduces a driver’s ability to react to cyclists, increasing the chances of a severe or fatal collision.
Determining Liability in Bicycle Accidents
Liability in bicycle accidents depends on who was at fault. Sometimes, one party is entirely responsible, while in other cases, both the cyclist and the driver may share fault.
When the Driver Is Liable
A driver may be found liable if they:
Ran a red light or stop sign
Failed to yield the right of way
Were distracted or intoxicated while driving
Drove recklessly or aggressively
When the Cyclist Is Liable
A cyclist may be found liable if they:
Rode against traffic
Ignored traffic signals
Failed to use lights at night
Suddenly swerved into traffic
Comparative Fault in Florida
Florida follows a modified comparative negligence rule, meaning that if a cyclist is found partially at fault, their compensation may be reduced based on their percentage of fault. If they are more than 50% at fault, they may not be able to recover damages. A bicycle accident attorney can help assess liability and fight for fair compensation.
Common Injuries in Bicycle Accidents
Because cyclists lack the protection of a vehicle, injuries in bicycle accidents tend to be severe. Some common injuries include:
Traumatic brain injuries (TBIs)
Broken bones
Road rash
Spinal cord injuries
Internal injuries
According to the National Highway Traffic Safety Administration (NHTSA), in 2020, over 900 cyclists were killed in traffic crashes in the U.S., with thousands more suffering serious injuries. Seeking medical attention immediately after a bicycle accident is essential, even if injuries seem minor at first.
How a Bicycle Accident Attorney Can Help
If you’ve been injured in a bicycle accident in Lake County, Florida, working with one of our knowledgeable bicycle accident attorneys can help protect your rights and improve your chances of securing fair compensation.
Insurance companies often try to downplay a cyclist’s injuries or shift blame onto them, making legal representation crucial. A bicycle accident attorney can assist by:
Investigating the accident and gathering evidence.
Negotiating with insurance companies.
Identifying all liable parties.
Filing a lawsuit if necessary to recover damages.
Steps to Take After a Bicycle Accident
If you’re involved in a bicycle accident, taking the right steps can help protect your legal rights and strengthen your case.
Call 911: Report the accident and request medical help if needed.
Document the scene: Take photos of the accident, your injuries, and any vehicle damage.
Gather witness information: Get contact details from witnesses who saw the accident.
Seek medical attention: Even if you feel fine, some injuries take time to appear.
Contact a bicycle accident attorney: Discuss your case and find out your options.
Avoid speaking to insurance companies alone: Insurance adjusters may try to minimize your claim. Let your bicycle accident attorney handle all communications to protect your interests.
Frequently Asked Questions About Bicycle Accidents
What Should I Do If I’m Hit By A Car While Riding My Bike?
Seek medical attention immediately and report the accident to the police. Gather evidence, take photos, and contact a bicycle accident attorney in Lake County, Florida, as soon as possible.
Can I Still File A Claim If I Wasn’t Wearing A Helmet?
Yes, but not wearing a helmet could impact your claim, especially if you suffered head injuries. However, Florida law does not require helmets for cyclists over 16, so it may not affect liability.
How Long Do I Have To File A Bicycle Accident Claim In Florida?
Florida’s statute of limitations for personal injury claims is two years from the date of the accident. It’s best to contact a bicycle accident attorney right away to avoid missing deadlines.
What Damages Can I Recover In A Bicycle Accident Case?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and property damage.
What If The Driver Who Hit Me Fled The Scene?
If you’re a victim of a hit-and-run, report the accident immediately. Uninsured motorist coverage may help cover damages, and a bicycle accident attorney can assist in identifying other legal options.
Contact a Bicycle Accident Attorney in Lake County, Florida
Bicycle accidents can have life-changing consequences, but you don’t have to handle the aftermath alone. If you or a loved one has been injured in a bicycle accident in Lake County, Florida, an experienced bicycle accident attorney can help fight for the compensation you deserve.
Don’t let insurance companies take advantage of you—take action today and protect your future by consulting with a trusted bicycle accident attorney in Lake County, Florida. Call us at Oldham & Smith Attorney at Law today.
