By Florida Personal Injury Attorney Hays Mathis
A bicycle crash can turn on details that disappear quickly: lane width, vehicle position, debris, or a few seconds of camera footage. At Trias Mathis, P.A., we help injured cyclists in Fort Myers and throughout Florida understand how those details can affect fault, insurance coverage, and the strength of a potential injury claim.
Cyclists Have Roadway Rights in Florida
Florida Statutes § 316.2065 generally gives bicyclists the rights and duties applicable to drivers of other vehicles.
Cyclists must obey traffic laws, but they are not automatically required to leave the roadway when a car approaches. When traveling slower than traffic, a cyclist generally must use an available bicycle lane or ride as close as practicable to the right-hand curb or edge. Exceptions include passing, preparing for a left turn, avoiding hazards, or riding in a lane too narrow for a bicycle and motor vehicle to travel side by side safely.
Florida’s Three-Foot Passing Rule
Under Florida Statutes § 316.083, a driver overtaking a bicycle must leave a safe distance of at least three feet.
That rule can matter in sideswipes, mirror strikes, unsafe passes in narrow lanes, and crashes where a cyclist is forced toward a curb.
Vehicle damage, lane measurements, video, witness accounts, and the bicycle’s resting position can help explain what happened. Our pedestrian and bicycle accident practice handles claims involving unsafe passing, failures to yield, and similar driver conduct.
Can PIP Cover an Injured Cyclist?
Unlike a motorcyclist, a bicyclist struck by a motor vehicle may qualify for Florida PIP benefits, depending on available policies and the cyclist’s insured status.
Under Florida Statutes § 627.736, initial medical services and care generally must be received within 14 days for PIP medical benefits to be available. Covered PIP claims generally pay 80% of qualifying medical expenses and 60% of qualifying lost income, subject to policy limits and other requirements.
Without the required emergency-medical-condition determination, medical benefits are generally limited to $2,500 rather than the full $10,000. PIP also does not ordinarily pay pain-and-suffering damages.
What If the Driver Has Too Little Insurance?
Uninsured or underinsured motorist coverage may matter when the responsible driver has no bodily injury coverage or inadequate limits.
A cyclist can sometimes qualify for UM benefits under an applicable auto policy even though the cyclist was not inside a vehicle. Coverage depends on the policy language and whether the cyclist qualifies as an insured. Florida Statutes § 627.727 governs important aspects of UM coverage.
Helmets, Lighting, and Fault
Florida generally requires bicycle helmets for riders under 16. Adults are not subject to the same general helmet requirement.
Helmet use does not decide who caused a collision. Whether a driver failed to yield or passed too closely is a liability question. Whether protective equipment affected a particular injury is a separate issue.
Keep the bicycle, helmet, and damaged clothing. If visibility is disputed, bicycle lighting, photographs, and witness testimony may also matter.
What If the Cyclist Was Partially at Fault?
Under Florida Statutes § 768.81, damages are generally reduced by the claimant’s percentage of fault. A claimant found more than 50% responsible for his or her own harm generally cannot recover under the rule applicable to covered negligence cases.
An insurer may allege that a cyclist rode against traffic, ignored a signal, lacked required lighting, or entered a lane improperly. Test those allegations against the evidence.
Preserve Evidence Before It Disappears
After medical care, preserve the bicycle, helmet, clothing, scene and injury photos, witness information, nearby camera locations, the crash report, medical records, and insurance communications.
Do not repair or discard a badly damaged bicycle before considering whether it should be inspected. Avoid posting details about the crash online.
For many Florida negligence claims accruing on or after March 24, 2023, the general limitations period is two years under Florida Statutes § 95.11. Other claims can involve different deadlines or notice requirements.
More Florida injury information is available on the Trias Mathis Law blog.
Talk With a Fort Myers Bicycle Accident Lawyer
Bicycle cases can involve unusual roadway rules, disputed fault, serious injuries, and several possible sources of insurance.
When choosing counsel, consider whether the attorney will investigate the scene, preserve evidence, examine potentially applicable policies, and explain the claim without promising a result. At Trias Mathis, P.A., you can also read client reviews when evaluating the firm.
If you were injured while riding in Florida, contact Trias Mathis to discuss the crash and the coverage that may apply.
This article provides general information about Florida bicycle accident law and is not legal advice for any individual case.
