Personal Injury Bicycle Accident

LAWYER FOR BICYCLE ACCIDENTS

Our Miami attorneys assist injured cyclists with personal injury claims related to accidents caused by another party’s negligence. We provide legal guidance on seeking compensation for medical expenses, lost income, and other related damages under Florida law.

Protecting Your Bicycle Rights on the Road

At CLS Law Firm, we assist bicyclists who have been injured due to another party’s negligence. We understand the risks cyclists face and are familiar with the laws and regulations that govern roadway safety in Florida. Our attorneys provide legal guidance aimed at protecting your rights and seeking compensation for medical costs, lost wages, and other related damages.

lawyers castellon, Lauren and Schlesinger

Case Examples Reflecting Our Approach

At CLS Law Firm, we take a detailed and evidence-based approach to representing injured cyclists. Each case is handled with care, starting with a thorough review of accident reports, witness statements, photographs, and applicable traffic laws to assess potential liability and damages.

Sideswipe Incidents
In cases where a cyclist is sideswiped by a vehicle changing lanes without signaling or checking blind spots, we examine relevant traffic laws and vehicle operation standards. Our team may consult with accident reconstruction professionals and gather supporting evidence to build a clear argument regarding the driver’s failure to exercise reasonable care.

Sudden Stop Scenarios
When a cyclist is injured due to a vehicle stopping abruptly without warning, we assess whether the driver maintained a safe following distance and whether the stop was reasonable under the circumstances. We help clients document their injuries, related medical costs, and other damages as part of their claim.

Specific Laws Designed to Protect Cyclists in Florida

Florida law includes multiple statutes designed to protect bicyclists and promote safer road use. These laws define the rights and responsibilities of both cyclists and motorists to reduce conflicts and improve safety outcomes.

  • Right to the Road: Cyclists generally have the same rights and responsibilities as motor vehicle drivers. They are permitted to use most roadways, except limited-access highways or roads where local ordinances prohibit bicycle use.

  • Bike Lane Use: Cyclists must use designated bike lanes when present, unless avoiding a hazard, overtaking another cyclist, or preparing for a left turn.

  • Riding Abreast: Cyclists may ride two abreast in a single lane. However, they must not impede the normal and reasonable movement of traffic. Riding more than two abreast is only allowed on paths or roadways specifically designated for bicycles.

  • Minimum Passing Distance: Florida law requires motorists to maintain a minimum distance of three feet when passing a cyclist, helping to reduce sideswipe collisions and unsafe close passes.

  • Sidewalk Riding: Cyclists may ride on sidewalks unless restricted by local ordinance. When on sidewalks or crosswalks, cyclists must yield the right-of-way to pedestrians and have the same rights and responsibilities as pedestrians.

  • Lighting Requirements: Bicycles used between sunset and sunrise must be equipped with:

    • A white front light visible from at least 500 feet

    • A red rear light or reflector visible from 600 feet

  • Helmet Law: Cyclists under the age of 16 must wear a helmet that meets federal safety standards. Although not legally required for older riders, helmet use is encouraged for safety.

  • Signal Intentions: Cyclists must use proper hand signals or functioning signal devices to indicate turns or stops, in accordance with traffic laws.

Overview of Pedalcyclist Fatalities in Florida From 2013 to 2022

According to data from the Fatality Analysis Reporting System (FARS) and the U.S. Census Bureau, pedalcyclist fatalities in Florida from 2013 to 2022 totaled 1,597, representing 5.1% of the state’s 31,047 total traffic-related deaths. The data shows the following trends:

  • Yearly Fatalities:

    • Highest in 2022: 222 fatalities

    • Lowest in 2014: 133 fatalities

  • Gender:

    • 88% of fatalities were male

    • 12% were female

  • Time of Day:

    • 54% occurred during daylight hours

    • 46% occurred at night

  • Rural vs. Urban:

    • 84% of fatalities took place in urban areas

    • 16% occurred in rural areas

  • Age Group:

    • Highest percentages were among individuals aged 55–59 and 60–64, each representing 8% of the total fatalities

  • Month:

    • December saw the highest total with 162 fatalities

Common Questions About Bicycle Accidents

What are my rights as a bicyclist if I'm hit by a vehicle?
  • Ensure your safety off the road.
  • Contact emergency services if there are any injuries.
  • Exchange contact and insurance information with the other party.
  • Document the scene with photos and notes.
  • Report the accident to the police.
What Types of Compensation Can I Receive?

Compensation may include medical expenses, lost wages, bike repair or replacement, and pain and suffering. Each case varies, so specific advice from a legal professional is recommended.

Should I Talk to the Insurance Company After an Accident?

While you should report the accident, you may want to consider speaking with a lawyer before giving detailed statements or accepting any settlements. Insurance companies may attempt to minimize payouts.

What If My Child Was Involved in a Bicycle Accident?

Claims involving minors typically require a guardian to file on the child's behalf. The compensation and legal process may vary, highlighting the importance of consulting with a legal professional.

Are There Specific Laws Protecting Cyclists?

Yes, many jurisdictions have laws specifically aimed at protecting cyclists, such as helmet laws, rights to the road, and safe passing laws. Familiarizing yourself with these can be beneficial.

What if the other driver doesn’t have insurance?

If the other driver involved in the accident does not have insurance or has insufficient insurance to cover the damages, there are several steps you can take. Firstly, you can file a claim for uninsured or underinsured motorist benefits through your own insurance company, assuming you have purchased such coverage. This allows you to receive compensation up to the limits of your policy for injuries and damages caused by the accident.

Do I need to go to court for my automobile accident case?

Many car accident cases are resolved without court involvement through negotiations between an attorney and the other driver's insurance company. This approach is often more time-efficient and cost-effective compared to a trial. Each case is unique, so it's important to consult with an attorney to evaluate whether a court proceeding may be necessary.

How do you prove the other driver was at fault?

To prove the other driver was at fault in a car accident, gather evidence, such as police reports detailing the officer's observations and any issued traffic tickets. State traffic laws can also support your case by highlighting violations by the other driver. Additionally, photographic evidence from the accident scene, witness statements, and any admission of guilt by the other driver can be important.

Can CLS Law Firm help with long-term care costs from accident injuries?

Our law firm helps clients pursue compensation for long-term care costs resulting from accident-related injuries. We assist with negotiating settlements or, when necessary, pursuing litigation to address medical expenses, rehabilitation, and other related needs. An attorney will assess the impact of your injuries, gather supporting evidence, and develop a legal strategy aimed at addressing your long-term care requirements.

What if I'm contacted by the other driver's insurance company?

If contacted by the other driver's insurance company, it's important to be cautious. You're not obligated to provide detailed information or admit fault. Politely decline to discuss specifics and refer them to your lawyer or insurance company. Insurance adjusters may minimize liability or offer a quick, low settlement. Legal representation ensures your interests are protected and you receive fair compensation for damages and injuries. Your lawyer can manage communications and negotiations to ensure your interests are protected and that you receive fair compensation for damages and injuries.

Speak Out - Begin Your Legal Process Today

Contact us to schedule a free, no-obligation consultation. We’ll review the details of your case, explain your legal rights under Florida law, and discuss potential next steps. Our goal is to provide clear guidance so you can make informed decisions about your legal options.

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