Bicycle Accident Law – What You Need To Know
Whether a cyclist is riding a bicycle as a means of commuting, recreation, or exercise, it is imperative that those taking to the roadways, sidewalks, or pedestrian travel lanes on anything other than a motorized vehicle understand the rights extended to the cyclist as well as the responsibilities expected of the cyclist.
Florida is the deadliest state in the country for bicyclists, according to the latest figures from the National Highway Traffic Safety Administration. 783 bicyclists were killed in the United States with Florida taking the lead with 125 deaths.
Almost every jurisdiction be it state, county, or city has some form of “bike law(s)” which dictates (s) to both motorist and cyclist. Understanding those laws is a great first step for many and should also be routinely reviewed by the seasoned cyclist no matter the purpose of the endeavor – recreation, commuting, etc.
Bicycle vs. Car Accident
In these situations, it is far more likely that the cyclist will be more significantly injured. In fact, Florida has the highest rate of bicycle accident deaths in the US (0.57 per 100,000 residents versus the national average of 0.23.). A higher number of bicycles on the road surely plays a part in this statistic.
Cyclists are required to follow the rules of the road, just as drivers are.
– They must ride with the flow of traffic instead of against it.
– They must yield the right of way when indicated.
– They must stay in the designated bike lane. If there is not a bike lane, they must ride as far to the right as possible. (However, they may edge closer into the lane to avoid obstacles like potholes.
Always be on the lookout for this type of maneuvering. Paying attention can prevent many accidents.)
So, YES, cyclists have to stop at stop signs. They have to wait to turn left at a green light when there is oncoming traffic. They have to stop for pedestrians!
The rules apply to them as well, and when they disregard them, it can have devastating consequences.
In addition to that, taking the basic steps to mitigate the ever-present risk of an accident or avoiding/limiting the likelihood of a car accident altogether should also be something that is requisite among all cyclists.
Florida Biking Laws, Broken Down
– Bikes are treated as vehicles.
– Cyclists must obey all traffic controls and signals.
– Cyclists must use a fixed, regular seat for riding.
– You cannot carry passengers on a bike that is not intended to carry more than one person.
– Parents must not allow minors to violate any of Florida’s provisions.
– All bikes must come equipped with a braking system.
– If riding on the sidewalk, bicyclists have the same rights and duties as a pedestrian.
– Bikes must be equipped with a lamp when operating between sunset and sunrise.
– Bicyclists must use the designated bike path when not traveling at the speed of other traffic.
More Laws at FLORIDA BICYCLE. ORG
Steps To Avoiding A Wreck With a Vehicle
Along the lines of what is in the personal control of the cyclist and much of this is also addressed by bike laws: a tuned, functional, and road fit bicycle (brakes, reflectors); adequate safety lights (forward and backward facing); a safe helmet intended for bicycle use; bright or reflective attire; eyewear for the weather or daylight conditions.
Proper planning is also in the control of the cyclist, though not mandated by bike laws: choosing a well-lit route; choosing roadways with fewer obstacles such as crossroads, driveways, construction zones; avoiding dawn and dusk riding when a blinding sun may be on the horizon… the list could go on depending on the specifics of the locale one is opting to use for cycling.
These factors combined with the notion of respecting the rules of the road and anticipating vehicles and other pedestrians (”riding defensively”) are a fantastic frame for controlling what can be controlled to the best of the ability of the cyclist.
What Do you Do If You Are Hit By a Vehicle?
In the unfortunate event that a motorist versus cyclist accident does occur this should be treated much like any other motor vehicle accident involving cars – attention to the health, safety, and wellness of those involved with immediate deployment of emergency medical personnel and law enforcement.
Following that, documentation of the scene (photos), notation of or digital voice memos regarding the incident (document the weather and road conditions, time of day, identification of all parties and vehicles involved (first and last name, phone number, dates of birth, vehicle make/model/color, license plate or tag numbers), identify any witnesses to the event (first and last name, contact information), documentation of any bodily injuries including damage to helmet and attire, and documentation of the damage to the vehicle(s) and bicycle(s).
Bicycle Accident Check List
1. Call the police and report the accident (even if you don’t think you are hurt).
2. Listen and remember what the other party says to you about how the accident happened. Don’t agree to anything said by the at-fault driver/party that caused the accident.
3. Preserve the condition of your bike, helmet, clothing, lighting, and other property.
4. Report the crash to your own car insurance company as soon as possible. Florida is a no-fault state when it comes to accident claims (let your bike accident lawyer deal with the at-fault party and their insurance company).
5. Seek medical assistance. Under Florida law, your car insurance is “primary” for your medical bills. Have the ER/hospital bill your car insurance company.
6. Keep documentation of the accident. Police report, photos of the bike (etc.), the scene, surroundings, other party’s vehicle.
7. Document injuries.
8. Don’t discuss the accident on social media.
9. Consult an accident lawyer that specializes in bicycle accidents in Florida.
10. Always remember – you are invisible on a bicycle.
Always Seek Medical Attention! (Even if you think the injury is minor)
Seeking medical care for a thorough assessment by a qualified medical professional (emergency department, urgent care, primary care provider, medical specialist) should not be overlooked or delayed.
The most common accident injuries such as skin abrasions (i.e. road rash) may be a harbinger of an underlying injury such as fractures, dislocations, cardiopulmonary or vascular injury, or disrupted tendons/ligaments while a broken helmet could be an indication that an evaluation for intracranial, neck or cervical spine injury may be warranted.
Test Your Bike Law Knowledge
For more information review the links below and research the organizations specific to your locale:
Joe Zarzaur is a Board Certified Civil Trial Lawyer whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.
If you’ve been the victim of a bicycle accident involving a vehicle, it’s important that you don’t make any rash decisions. Put yourself in the best possible position to receive the justice you deserve. It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit www.zarzaurlaw.com.
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