Cyclists in Miami-Dade, Broward, and Palm Beach share busy roads with cars, trucks, and buses, and a crash can cause fractures, head injuries, and months away from work. Whether you ride to work, for delivery, or for exercise, bike crash attorney Tomas Robirosa helps injured cyclists and their families deal with insurance companies and pursue the compensation Florida law allows. Se habla español.
What to Do After a Bike Crash
Call 911 and get medical care right away. If a motor vehicle was involved, Florida’s no-fault law generally requires initial medical treatment within 14 days for Personal Injury Protection (PIP) benefits to apply.
If you are able to do so safely:
- Get the driver’s name, license, plate, and insurance information.
- Photograph the vehicle, your bicycle, your helmet and gear, the bike lane or road, and your injuries.
- Keep your damaged bike, helmet, and clothing. They can be important evidence.
- Get witness names and phone numbers, and note nearby cameras.
- Do not give a recorded statement to the driver’s insurance company before speaking with a lawyer.
Common causes of bicycle accidents
- Drivers passing too closely or cutting off a cyclist.
- Right hooks and left turns across a cyclist’s path.
- “Dooring” by a parked car.
- Drivers failing to yield at intersections and driveways.
- Distracted, speeding, or impaired drivers.
- Potholes, debris, and poorly maintained bike lanes.
Common Bicycle Accident Injuries
- Head and brain injuriesHelmets help, but cyclists can still suffer concussions and brain injuries.
- Broken bonesCollarbones, wrists, and arms are often fractured when riders fall.
- Road rash and scarringContact with pavement can cause painful skin injuries.
- Knee and shoulder injuriesLigament and joint injuries can require surgery and therapy.
Florida Law and Bicycle Accident Claims
Cyclists have the rights of drivers
Under Florida law (section 316.2065, Florida Statutes), a bicycle is a vehicle, and a cyclist generally has the same rights and duties as the driver of any other vehicle. Drivers must pass a bicycle at a safe distance of not less than three feet (section 316.083).
Insurance that may apply
- PIPif a motor vehicle was involved, your own PIP, a household member’s PIP, or in some cases the PIP of the vehicle that hit you.
- The driver’s bodily injury coveragefor serious injuries.
- Uninsured or underinsured motorist coverageon your own or a household member’s auto policy, which may help in a hit-and-run or when the driver has little insurance.
The injury threshold
In a crash with a motor vehicle, recovering pain and suffering from the at-fault driver generally requires a significant and permanent injury, significant and permanent scarring or disfigurement, or death.
Shared fault and deadlines
Florida uses modified comparative negligence. If you are found more than 50% at fault, you cannot recover damages; at 50% or less, your recovery is reduced by your share of fault. For most negligence claims arising after March 24, 2023, the statute of limitations is two years.
What compensation may be available
Depending on the facts, an injured cyclist may seek medical expenses, lost wages, pain and suffering, the cost of the bicycle and gear, and other losses Florida law allows.
Florida Law at a Glance- Deadline to sue: for most negligence claims arising after March 24, 2023, Florida’s statute of limitations is two years.
- Shared fault: Florida uses modified comparative negligence. If you are found more than 50% at fault, you cannot recover damages; at 50% or less, your recovery is reduced by your share of fault.
How We Handle Your Case
- Step 1Free consultationWe listen to what happened, answer your questions, and explain your options in plain language, in English or Spanish.
- Step 2InvestigationWe gather the police or incident report, photos, video, witness statements, and every insurance policy that may apply.
- Step 3Documenting your lossesWe organize your medical records and bills, lost income, and other losses so nothing is overlooked.
- Step 4Negotiation or lawsuitWe present your claim to the insurance company and negotiate. If a fair resolution is not offered, we are prepared to file suit.
Frequently Asked Questions
Does PIP cover a bicycle accident in Florida?
If a motor vehicle was involved, a cyclist may be covered by their own PIP policy or a household member’s policy, and in some cases by the policy of the vehicle that hit them. A crash that involves no motor vehicle usually is not covered by PIP.
How much space must a driver give a cyclist in Florida?
Florida law requires drivers to pass a bicycle at a safe distance of not less than three feet.
What if I was not wearing a helmet?
Florida requires riders under 16 to wear a helmet. For adults, not wearing a helmet does not by itself prevent a claim, although the insurance company may argue it affected your injuries.
How long do I have to file a bike accident claim?
For most negligence claims arising after March 24, 2023, Florida’s statute of limitations is two years.
Can I speak to the lawyer in Spanish?
Yes. Tomas Robirosa and our team speak Spanish and English.
EN
