Miami Bicycle Accident Lawyer - Protecting Cyclists' Rights on Miami Roads

Cyclists Have the Same Rights as Motorists

Under F.S. §316.2065, every person operating a bicycle on a Florida roadway has all the rights and duties applicable to the driver of a vehicle. This means drivers must share the road with cyclists, yield when required, and provide safe passing distance. When a driver violates these duties and injures a cyclist, the driver may be held liable.

Common Causes of Bicycle Accidents in Miami

The most frequent causes of bicycle accidents we see in Miami include:

• Dooring accidents - A driver or passenger opens a car door directly into the path of a cyclist. These crashes are common in Brickell, Coconut Grove, and South Beach where street parking runs alongside cycling routes.
• Right-hook accidents - A driver makes a right turn directly into a cyclist traveling straight in the bike lane or along the road's right edge. This is one of the most common and dangerous types of bicycle-vehicle collisions.
• Failure to yield - Drivers entering the roadway from driveways, parking lots, or side streets fail to check for approaching cyclists.
• Distracted driving - Texting, phone use, and GPS navigation cause drivers to miss cyclists sharing the road.
• Unsafe passing - Drivers passing cyclists too closely or at high speed. Florida law requires a minimum safe distance when overtaking a bicycle.
• Left-cross accidents - An oncoming vehicle turns left across the path of a cyclist traveling straight.

Helmet Laws in Florida

Florida requires helmets only for cyclists under age 16. Adult cyclists are not legally required to wear a helmet. If you are an adult cyclist involved in a crash without a helmet, this should not reduce your compensation - though insurance companies may try to argue otherwise. An experienced bicycle accident attorney knows how to address this tactic.

Comparative Negligence in Bicycle Accidents

Under Florida's modified comparative negligence system (F.S. §768.81), if the cyclist is found partially at fault for the accident, their compensation is reduced by their percentage of fault. If the cyclist is 51% or more at fault, they recover nothing. Insurance companies aggressively argue cyclist fault - claiming the cyclist was riding outside the bike lane, failed to signal, or ran a stop sign - to reduce their payout.

Cyclists have virtually no protection in a collision with a motor vehicle. The injuries from bicycle accidents are frequently severe:

• Traumatic brain injuries - Even helmeted cyclists can suffer concussions and more severe TBI from the force of impact. Unhelmeted cyclists face an even greater risk of life-threatening head injuries.
• Fractures - Collarbone, wrist, arm, hip, and leg fractures are extremely common. Many require surgical repair and lengthy rehabilitation.
• Spinal cord injuries - The force of being struck by a vehicle or thrown from a bicycle can damage the spinal cord, potentially causing partial or complete paralysis.
• Road rash and soft tissue injuries - Sliding across pavement causes deep abrasions that may require skin grafts and can lead to permanent scarring.
• Internal injuries - Blunt force trauma can cause internal bleeding and organ damage that may not be immediately apparent.
• Dental and facial injuries - Impact with a windshield, pavement, or vehicle can cause broken teeth, jaw fractures, and facial lacerations.

PIP Coverage for Cyclists

Florida's PIP insurance under F.S. §627.736 may cover bicycle accident injuries. If you carry an auto insurance policy with PIP coverage, it may pay up to $10,000 toward medical expenses and lost wages - but you must seek treatment within 14 days. For injuries exceeding PIP limits, you may pursue a claim against the at-fault driver.

Florida's statute of limitations gives you two years from the date of the accident to file a lawsuit (F.S. §95.11(3)). Contact our Miami personal injury attorneys for a free evaluation of your case.