Miami Bicycle Accident Lawyer | Florida Bike Accident Attorney

Fighting For Your Rights After a Miami Bicycle Accident

Bicycle accidents can represent a serious financial burden on the victim and his or her family. Since injuries sustained in a cycling accident are often severe, victims often miss long periods of work and incur extensive medical costs. If you or someone you love was the victim of a bicycle accident and you believe that someone else was liable, contact Flanagan & Bodenheimer Injury & Wrongful Death Law Firm today for a free consultation.

We work with families throughout Florida to achieve fair compensation for tangible and intangible losses. We carry a small caseload, which allows us to dedicate the attention to your case it deserves. Even if we may not specifically be the ones to take your case, we can still meet with you personally to offer our time and resources. At our firm, everyone deserves care and help in their time of need.

Contact our Miami bicycle accident lawyers online or call (305) 638-4143 for a free consultation in English or Spanish.

Table of Contents

• Rights of Cyclists in Florida
• Does Florida Have a Mandatory Insurance Law?
• Common Causes of Bicycle Accidents
• Who is Liable for Damages in a Bicycle Accident?
• Why Do You Need a Bicycle Accident Lawyer?

Rights of Cyclists in Florida

In Florida, a cyclist, or anyone else operating a bicycle, has the same rights and duties applicable to the driver of any other vehicle. Essentially, Florida’s laws establish that cyclists must obey all the laws that all other drivers have to obey. They must stop at stop signs, traffic signals, and must yield to other vehicles when appropriate. It also gives cyclists all the protections that drivers of any other motor vehicle enjoy. For example, if the cyclist has the right of way, drivers of motor vehicles must appreciate and yield to that right of way.

One important regulation to know is a Florida statute that requires cyclists traveling below the posted speed limit to either ride in a bicycle lane, or if no bicycle lane is available, “as close as practicable to the right-hand curb or edge of the roadway. . .”

Essentially, cyclists have the duty to act responsibly upon the roadways the same as every other driver, and they also can expect that other motorists will treat them the same as they would a motor vehicle.

Does Florida Have a Mandatory Insurance Law?

In Florida, there is no law that requires a driver to carry insurance that will protect you if they injure you in a motor vehicle crash. That type of insurance is called “bodily injury” insurance and is not required in Florida. Instead, Florida law only requires drivers to carry two types of insurance: Personal Injury Protection (PIP) and Property Damage Liability (PDL) insurance.

Personal Injury Protection (PIP) is a “no-fault” insurance that covers the policyholder’s medical expenses and lost wages, regardless of who was at fault for the accident. PIP pays up to 80% of your medical bills and up to 60% of lost wages, but it generally goes directly to your medical providers to cover treatment costs. Property Damage Liability (PDL) covers damage to another person’s property, such as a vehicle or structure, in the event of an accident.

For cyclists, one crucial form of insurance to consider is Uninsured/Underinsured Motorist (UM/UIM) coverage. If you regularly ride a bicycle and own a vehicle, purchasing UM/UIM coverage is essential. This insurance protects you if you are hit by a driver who either does not have insurance or has insufficient coverage to fully compensate for your injuries. UM/UIM coverage also applies in hit-and-run accidents where the at-fault driver cannot be identified.

Even if you don’t regularly cycle, Uninsured Motorist Coverage is vital for protecting yourself while driving. It ensures that you can recover damages if you’re involved in an accident with an uninsured or underinsured driver or if the driver flees the scene. It’s important to review your insurance policy to confirm that you have the appropriate coverage in place to protect yourself and your family in case of an accident.

Causes of Bicycle Accidents in Miami, Florida

Bicycle accidents have a number of causes, and many arise from motorist error. In fact, nearly one-third of all bicycle injuries occur when a bicyclist gets struck by a car. According to the CDC, almost 1,000 bicyclists die and over 130,000 are injured in crashes that occur on roads in the US every year. Adolescents, teens, and young adults have the highest rates of bicycle-related injuries. People ages 10-24 account for nearly one-third of all bicycle-related injuries seen in emergency rooms in the United States.

In Miami, a bustling city with heavy traffic and a high volume of cyclists, accidents can occur for a variety of reasons. Some of the most common causes of bicycle accidents include:

• Motorists Turning into a Cyclist at an Intersection: Intersections are high-risk areas for cyclists. Pedestrians and cyclists have the right of way as long as they are obeying traffic signals. However, many drivers fail to properly check for cyclists before making a turn, especially when turning right at a red light or making a left turn across oncoming traffic. This failure to yield often results in devastating accidents, where cyclists are struck by turning vehicles.
• “Dooring” Accidents: One common hazard for cyclists, particularly in urban areas like Miami, is “dooring.” This occurs when a parked motorist opens their car door without checking for oncoming cyclists, resulting in a collision. Miami’s streets are often lined with parallel-parked vehicles, forcing cyclists to ride near parked cars. A sudden, unexpected door opening can leave a cyclist with no time to react, leading to serious injury.
• Distracted Driving: Distracted driving is a leading cause of accidents, including those involving cyclists. Whether a motorist is texting, using a GPS, eating, or simply not paying attention to the road, even a brief lapse in focus can result in a cyclist being struck. Cyclists are particularly vulnerable to inattentive drivers because they are smaller and less visible than other vehicles.
• Failing to Yield at Crosswalks or Bike Lanes: Florida law requires drivers to yield to cyclists when they are in designated bike lanes or crosswalks. However, many motorists fail to follow this rule, especially when turning or merging into bike lanes. This can cause severe accidents, particularly in busy areas of Miami where bike lanes are adjacent to fast-moving traffic.
• Speeding: Excessive speed increases the likelihood and severity of collisions. A speeding motorist may not have enough time to stop or slow down when approaching a cyclist. The force of impact at higher speeds can lead to catastrophic injuries for cyclists, who lack the protection that vehicle occupants have. Speeding is especially dangerous in areas where cyclists and motor vehicles share the road.
• Driving Under the Influence (DUI): Driving under the influence of alcohol or drugs is a leading cause of all types of accidents, including those involving bicycles. Impaired drivers have slower reaction times, impaired judgment, and reduced visibility, making it much more difficult for them to notice and avoid cyclists. DUI-related accidents are often fatal for cyclists due to the level of impairment involved.
• Aggressive Driving or Road Rage: Some motorists exhibit aggressive behaviors, such as tailgating, honking, or intentionally driving too close to cyclists in an attempt to intimidate them. These dangerous actions can cause cyclists to lose control or be forced into unsafe positions on the road, leading to accidents. Aggressive driving also includes making unsafe lane changes or refusing to share the road, both of which can result in collisions with cyclists.
• Failure to Observe Stop Signs or Traffic Signals: Cyclists are often struck by motorists who run stop signs or red lights. Whether due to distraction, impatience, or disregard for traffic laws, a driver who fails to stop at an intersection poses a significant risk to cyclists who are following traffic rules. These types of accidents are particularly common at busy intersections in Miami, where traffic volume is high.
• Poor Weather Conditions: Miami’s weather can change quickly, with sudden rainstorms or slick roads creating dangerous conditions for both drivers and cyclists. Wet roads reduce tire traction, making it harder for vehicles to stop quickly. Reduced visibility during storms can also lead to motorists failing to see cyclists in time to avoid a collision. While cyclists must take extra precautions in poor weather, drivers must also adjust their behavior to prevent accidents.
• Road Hazards: Cyclists are more vulnerable to road hazards than motor vehicle drivers. Potholes, debris, uneven pavement, and poorly marked construction zones can cause a cyclist to lose control of their bike. While these hazards are a danger to all road users, they pose a heightened risk for cyclists. Municipalities or property owners responsible for road maintenance may be held liable if poor road conditions contribute to an accident.
• Failure to Use Proper Lighting at Night: Cyclists are required to use proper lighting and reflectors when riding at night or in low-visibility conditions. However, many accidents occur when motorists fail to notice cyclists even when proper lighting is used. Conversely, some accidents happen when cyclists fail to equip their bikes with the required lights, making them nearly invisible to motorists. In either case, visibility is crucial in preventing nighttime accidents.
• Confusion Over Bike Lane Usage: In Miami, some drivers are unfamiliar with how to navigate roads with designated bike lanes. Motorists may mistakenly drive in bike lanes or fail to check for cyclists before crossing into bike lanes to make a turn. This confusion can result in collisions, particularly in busy areas where bike lanes are more common.
• Large Vehicle Blind Spots: Trucks, buses, and other large vehicles have significant blind spots where cyclists can easily go unnoticed. When a large vehicle makes a turn or changes lanes without seeing a cyclist, the consequences can be devastating. Cyclists should be aware of these blind spots, but drivers of large vehicles must take extra precautions to check for cyclists before making any maneuvers.

Common Bicycle Accident Injuries

Bicycle accidents can result in a wide range of injuries, many of which can be severe due to the lack of protection cyclists have compared to motor vehicle occupants. Some of the most common injuries include:

• Head Injuries: Even with a helmet, cyclists can suffer concussions, traumatic brain injuries (TBI), or skull fractures in a collision.
• Broken bones: Fractures to the arms, legs, collarbones, and ribs are common due to the impact with a vehicle or the ground.
• Spinal cord injuries: A serious impact can damage the spine, leading to paralysis or long-term mobility issues.
• Soft tissue injuries: These include sprains, strains, and damage to muscles, tendons, and ligaments, often causing significant pain and limited mobility.
• Road rash: Scrapes and abrasions occur when a cyclist slides across the pavement, sometimes leading to infections or permanent scarring.
• Internal injuries: Trauma to the abdomen or chest can result in internal bleeding or damage to organs, requiring emergency medical attention.

Cyclists who experience any of these injuries should seek immediate medical care and consult with an experienced attorney to explore their legal options for compensation.

Liability & Comparative Negligence in Cycling Accidents

When a driver’s negligence causes a bicycle accident, the injured cyclist has the right to pursue compensation for their damages, including medical expenses, lost wages, and pain and suffering. However, determining liability can sometimes be more complex, especially if there is a dispute about who caused the accident or if multiple parties share responsibility. This is where comparative negligence comes into play.

Florida operates under a comparative negligence system, which means that fault for an accident can be shared between multiple parties. In other words, even if the cyclist is found to be partially at fault for the accident, they may still be eligible to recover damages—though their compensation will be reduced by their percentage of fault.

For example, if a cyclist is riding in the wrong direction on a one-way street and is struck by a driver who was speeding and failed to notice them, both parties may share some responsibility. If the court determines that the cyclist is 30% at fault and the driver is 70% at fault, the cyclist’s total compensation will be reduced by 30%. So, if the cyclist is awarded $100,000 in damages, they would only receive $70,000 after the reduction.

Factors That May Affect Comparative Negligence in Bicycle Accidents

Several factors can influence how fault is apportioned in a bicycle accident case:

• Failure to obey traffic laws: Cyclists are required to follow the same traffic laws as motorists. If a cyclist runs a red light, ignores a stop sign, or rides against traffic, they may be found partially at fault for the accident.
• Failure to use proper safety equipment: While Florida law does not mandate helmet use for cyclists over the age of 16, not wearing a helmet could potentially reduce the amount of compensation awarded in a case involving a head injury, as the defense may argue that the cyclist’s injuries were worsened by the lack of a helmet.
• Cyclist visibility: If a cyclist is riding at night without proper lights or reflective gear, they could be found partially at fault for failing to make themselves visible to motorists.

What To Do After a Bike Accident in Miami

After a bicycle accident, it’s important for victims to take steps to protect their right to compensation. Here are several actions to follow after a bike crash:

• Do Not Admit Fault: Avoid discussing fault with the driver or anyone else involved in the accident. Limit conversations to exchanging insurance information and providing necessary details to the authorities. Admitting fault—even unintentionally—can jeopardize your claim.
• Seek Immediate Medical Attention: Even if your injuries seem minor, it’s essential to get checked by a medical professional as soon as possible. Some injuries, such as concussions or internal injuries, may not be immediately apparent. Following your doctor’s instructions is also critical. If you fail to follow through with medical treatment, it could be used to challenge the severity of your injuries and weaken your personal injury claim.
• Document the Accident Scene: If possible, take photos of the accident scene, your injuries, any damage to your bicycle, and the involved vehicle. This evidence can help establish liability and strengthen your case.
• Report the Accident: Ensure that the accident is reported to the police. A police report can serve as an important piece of evidence when filing a claim. Make sure to provide a clear and accurate account of the events leading up to the accident.
• Consult an Experienced Bicycle Accident Attorney: Bicycle accidents can result in significant medical expenses, lost wages, and long-term suffering. Consulting with an experienced attorney as soon as possible is critical to understanding your legal rights and options. Our Miami bicycle accident lawyers offer free consultations and can help determine whether you are eligible to file a claim for damages.

Why Do You Need a Florida Bicycle Accident Lawyer?

Bicycle accidents can lead to devastating consequences. Victims often require extensive medical care and often lose their ability to work while recovering, so the damage amounts are often high. Our Miami bicycle accident lawyers can attain maximum compensation for bicycle accident victims by negotiating aggressively with insurance companies. An appropriate settlement should not only include compensation for medical bills and lost wages, but also intangible losses such as pain, suffering, and loss of life quality.

Choosing the right law firm can make all the difference in the outcome of your case, especially after a serious bicycle accident. At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we are committed to providing our clients with personalized attention and dedicated legal representation. Here’s why you should trust us with your case:

• Small Caseload: Unlike larger firms that take on an overwhelming number of cases, we purposely limit the number of cases we handle to ensure each client receives the individualized attention they deserve.
• Proven Track Record: Our firm has recovered millions of dollars in settlements and verdicts for personal injury victims throughout Florida. We have a long history of securing favorable outcomes, even in the most complex and challenging cases that were previously turned down by other firms.
• Exclusive Focus on Personal Injury and Wrongful Death: At Flanagan & Bodenheimer, we focus exclusively on personal injury and wrongful death cases, giving us a deep understanding of the legal complexities involved in these claims. By concentrating on this area of law, we’ve honed our skills and knowledge to achieve the best possible outcomes for our clients.
• Aggressive Negotiators and Skilled Trial Lawyers: Our team knows how to negotiate aggressively with insurance companies to ensure that you receive the compensation you’re entitled to. We understand the tactics insurers use to minimize payouts, and we know how to counter them effectively. If a fair settlement cannot be reached, we are fully prepared to take your case to trial. Our attorneys are seasoned litigators who have successfully represented clients in courtrooms across Florida.
• No Upfront Fees – We Only Get Paid If You Win We believe everyone should have access to high-quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis, meaning you pay nothing upfront and only pay legal fees if we successfully recover compensation for you. This ensures that you can focus on your recovery without the stress of legal costs.

Free Consultation With Our Miami Personal Injury Attorneys

Flanagan & Bodenheimer Injury & Wrongful Death Law Firm handles a variety of personal injury and wrongful death cases, including medical malpractice, negligent security, cruise ship injuries, motorcycle accidents, car accidents, drowning accidents, birth injuries, furniture injuries, truck accidents, boating accidents, and more.

If you recently suffered harm in a bicycle accident in Florida, contact our Miami bicycle accident attorneys immediately at (305) 638-4143. Same-day appointments available.

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