A bicycle crash can change your life in seconds. When a cyclist is hit by a car, there is little protection from the force of the impact. Even a collision at relatively low speed can lead to broken bones, brain injuries, spinal injuries, surgery, and months away from work.
At McLaughlin Morris Law, our South Florida personal injury attorneys represent people hurt because someone else failed to drive safely. From our Delray Beach and Miami offices, we help accident victims throughout Palm Beach, Broward, and Miami-Dade Counties.
If you were hit while riding a bicycle, our team can investigate what happened, deal with the insurance companies, and pursue the compensation available for your injuries.
Call (561) 404-0529 for a free consultation. With our no recovery, no fee promise, you do not pay attorney fees unless we recover compensation for you.
Florida Law Gives Bicyclists Rights on the Road
Florida law does not treat cyclists as people who simply have to stay out of the way of motor vehicles.
Under Florida's bicycle statute, a person riding a bicycle generally has the same rights and duties applicable to drivers, except where bicycle-specific rules apply. That means motorists and cyclists both have legal responsibilities when sharing the road.
Drivers still have a duty to operate their vehicles with reasonable care. When a motorist fails to yield, drives distracted, passes unsafely, or violates another traffic rule and strikes a bicycle rider, that negligence may support a personal injury claim.
Common Causes of Bicycle Accidents
Many bicycle collisions happen because a driver does not see a cyclist until it is too late.
Common causes can include:
- Drivers failing to yield at intersections
- Distracted driving
- Unsafe turns
- Vehicles entering or crossing bike lanes
- Speeding
- Drivers opening car doors into a cyclist's path
- Failure to check blind spots before changing lanes
- Impaired driving
- Drivers following cyclists too closely
- Poorly maintained roads or dangerous property conditions
A crash may have more than one cause. Our job is to determine what happened and identify every party that may share responsibility.
If a vehicle caused your injuries, many of the same liability and insurance questions addressed by our Delray Beach car accident lawyers may become part of your bicycle accident case.
Bicycle Riders Can Suffer Serious Injuries
Cyclists have no steel frame, airbags, or seat belts protecting them during a collision.
A rider may be thrown onto the road, into another vehicle, or against a fixed object. Serious injuries may occur even when the bicycle itself does not appear badly damaged.
Injuries We See After Bicycle Crashes
A bicycle accident claim may involve injuries such as:
- Traumatic brain injuries
- Concussions
- Facial and dental injuries
- Broken arms, wrists, legs, or hips
- Shoulder injuries
- Spinal cord damage
- Back and neck injuries
- Road rash and serious lacerations
- Knee and joint injuries
- Nerve damage
- Internal injuries
Some injuries are immediately obvious. Others, including concussions and soft-tissue injuries, may become clearer after the initial shock wears off.
Seek appropriate medical attention after a collision, particularly if you hit your head, lost consciousness, have significant pain, or develop neurological symptoms.
Does Florida Require Bicycle Helmets?
Florida law requires bicycle riders and passengers under age 16 to wear a properly fitted helmet meeting the applicable federal safety standard. Florida does not impose that same statewide helmet requirement on adult cyclists.
Not wearing a helmet does not automatically mean an injured cyclist caused a collision.
The cause of the crash and the cause of particular injuries are separate issues. If an insurance company argues that helmet use should reduce compensation, the effect of that argument depends on the evidence and applicable Florida negligence law.
Who Can Be Responsible for a Bicycle Accident?
The driver who struck the cyclist may be the obvious defendant, but not every bicycle crash has only one potentially responsible party.
Liability may involve:
- A negligent driver
- The driver's employer if the driver was working
- A commercial vehicle company
- A property owner
- A government entity responsible for a dangerous road condition
- A vehicle or bicycle component manufacturer
- Another party whose conduct contributed to the crash
For example, a delivery driver may strike a cyclist while working. A dangerous construction area might force riders unexpectedly into traffic. A defective bicycle component could contribute to loss of control.
Identifying the correct defendants and available insurance coverage can make a major difference in a serious injury case.
What If the Driver Says the Cyclist Was Partly at Fault?
Do not assume your claim is over simply because a driver, witness, or insurance adjuster says you contributed to the accident.
Florida uses a modified comparative-negligence system for many negligence claims. Under current law, a person found more than 50% at fault generally cannot recover damages in an ordinary negligence action covered by the statute. When the injured person is 50% or less responsible, compensation can generally be reduced according to the percentage of fault assigned.
For example, disputes may arise over whether a cyclist:
- Failed to signal
- Was riding against traffic
- Entered an intersection improperly
- Was riding outside an available bike lane
- Was difficult to see
- Violated another traffic rule
Those allegations should be investigated rather than simply accepted.
Photos, video, witness accounts, vehicle damage, bicycle damage, road markings, traffic signals, and crash reconstruction evidence can all help determine what actually occurred.
What Compensation Can a Bicycle Accident Claim Include?
A bicycle collision can create losses far beyond the first emergency room bill.
Depending on the facts, compensation may be available for:
- Emergency medical care
- Hospitalization and surgery
- Rehabilitation and physical therapy
- Future medical treatment
- Lost wages
- Reduced future earning capacity
- Pain and suffering
- Permanent disability or impairment
- Scarring or disfigurement
- Damage to the bicycle and other property
The value of a claim depends on the severity and permanence of the injuries, available insurance coverage, liability evidence, future treatment needs, and other circumstances.
What Should You Do After a Bicycle Accident?
Your health comes first. If you are able, taking a few practical steps can also preserve evidence that may later become important.
Preserve Evidence Early
After a bicycle crash:
- Seek medical care.
- Report the crash to law enforcement.
- Photograph the vehicles, bicycle, roadway, signs, and your injuries if possible.
- Obtain the driver's contact and insurance information.
- Get contact information for witnesses.
- Preserve the damaged bicycle, helmet, clothing, lights, and other equipment.
- Avoid repairing or disposing of important evidence until the case has been reviewed.
- Keep medical, wage, and insurance documents.
Nearby homes and businesses may also have surveillance footage. That footage can be erased or overwritten quickly, so early investigation matters.
Be Careful With Insurance Company Statements
An insurer may contact you soon after the accident and ask for a recorded statement.
You should be truthful when providing required information, but you do not need to speculate about speed, distance, fault, or the full extent of injuries you are still treating.
A quick settlement may also come before doctors know whether you will need surgery, long-term rehabilitation, or additional treatment.
Our attorneys can handle insurance communications while you focus on recovery.
Bicycle Accidents and Uninsured Drivers
One of the first issues our attorneys investigate is insurance coverage.
The driver who caused the crash may have liability coverage, but some drivers carry limited insurance or no usable coverage at all. Depending on the circumstances and policy language, other insurance may also need to be investigated.
Coverage questions after a cyclist-versus-vehicle crash can be more complicated than many victims expect.
That is why we look for all potential sources of recovery rather than stopping after identifying the at-fault driver's basic policy.
What If a Bicycle Accident Is Fatal?
When a cyclist dies because of another person's negligence, surviving family members may have rights under Florida's wrongful death laws.
These cases can involve losses such as financial support, services, funeral expenses, and certain personal losses suffered by qualifying survivors.
Our South Florida wrongful death lawyers represent families after fatal accidents and can evaluate who has the legal authority to pursue the claim and what damages may be available.
How Long Do You Have to File a Bicycle Accident Claim in Florida?
Florida generally applies a two-year statute of limitations to negligence actions under the current version of Fla. Stat. § 95.11.
That does not mean every bicycle accident has exactly two years. Claims involving a government agency, wrongful death, minors, unusual defendants, or other circumstances may involve different requirements or deadlines.
There is also a practical reason not to wait. Evidence can disappear long before the legal deadline expires.
Why Choose McLaughlin Morris Law After a Bicycle Crash?
Bicycle accident cases require attorneys to understand both personal injury law and motor vehicle claims.
At McLaughlin Morris Law, we regularly represent victims of serious transportation accidents. Our experience includes motorcycle accident cases, where injured riders face many of the same challenges bicyclists do: limited physical protection, severe injuries, disputed liability, and insurance companies looking for reasons to shift blame.
Attorney Drew McLaughlin has also represented insurance companies in the past. Our firm uses that perspective when anticipating how insurers may investigate, value, and defend injury claims.
When you work with us, our team can:
- Investigate the collision
- Preserve physical and digital evidence
- Obtain available video and witness statements
- Review insurance coverage
- Document medical and financial losses
- Handle communications with insurers
- Negotiate for an appropriate settlement
- File a lawsuit and prepare the case for court when necessary
Most importantly, we keep you informed about what is happening and why.
Talk to a South Florida Bicycle Accident Lawyer
If a driver injured you while you were riding, you should not have to handle medical bills, lost income, and an insurance claim alone.
McLaughlin Morris Law represents accident victims from Delray Beach through Miami and throughout South Florida. We can investigate the crash, explain your options, and pursue compensation from the responsible parties and insurers.
Contact McLaughlin Morris Law or call (561) 404-0529 for a free consultation.
Bicycle Accident Frequently Asked Questions
Do Bicyclists Have the Same Rights as Drivers in Florida?
Generally, yes.
Florida law states that a person propelling a human-powered vehicle generally has the rights and duties applicable to other vehicle drivers, subject to bicycle-specific rules.
Can I Recover if I Was Not Wearing a Helmet?
Potentially.
Florida's statewide bicycle helmet requirement applies to riders and passengers under age 16. An adult's lack of a helmet does not automatically establish responsibility for the collision.
How helmet use affects an injury claim depends on the specific allegations and evidence.
What if the Driver Left the Scene?
A hit-and-run bicycle crash can create additional insurance and investigative issues.
Report the crash promptly and preserve any identifying details, witness information, photographs, or surveillance footage that may help locate the vehicle.
Should I Keep My Damaged Bicycle?
Yes, if possible.
Do not immediately repair, sell, or throw away the bicycle, helmet, or other damaged equipment. Those items may provide important evidence about the point and force of impact.
