Injured On A Bicycle In Florida?

Data from the Florida Department of Highway Safety & Motor Vehicles (FLHSMV) states that in 2,025, there were 3,572 bicycle crashes, with 60 fatalities and around 3400 injuries sustained. This may not sound like much to the average person, but what many do not realize is that bicycle crashes tend to lead to much more severe injuries than in many types of car crashes, often with long-term consequences.

The Same Rights For Everyone

Historically, Florida has been a state that sees quite a few bicycle crashes, due to its nearly year-round pleasant cycling weather and its car-dependent infrastructure. The latter, in particular, tends to make drivers less aware of bicyclists sharing the road with them, and bicyclists are simply not equipped to withstand the force of an impact with a larger vehicle.. While obviously not every bicycle accident occurs due to driver negligence, the ones that are can lead to severe injuries.

Florida law explicitly states that every person “propelling a vehicle by human power” has the same rights and responsibilities as every other road user, regardless of which type of vehicle they are using. While motorists and cyclists may have different rules to obey – for example, a cyclist must ride as close to the right curb as possible except in rare situations, while a motorist must have at least three feet of clearance when passing a bicyclist – they both must exercise due care toward other road users.

Are You At Fault?

If you have been in a bicycle accident, and you believe that a motorist was the direct cause of your injuries, it may feel like a difficult task to establish that they were negligent. However, establishing negligence requires only three points: (1) establishing that the duty of care owed by a road user to all other road users has been breached; (2) showing that the defendant’s actions were the direct cause of the plaintiff’s injuries; and (3) showing documented evidence of a tangible injury.

Be aware that Florida’s comparative fault statute holds that if a bicyclist is found more than 50 percent at fault for their own injuries, they cannot recover monetary damages in court. Florida used to have a less restrictive statute, but in recent years the state legislature chose to adopt a pure comparative fault approach in order to weed out those accidents that can be chalked up to the fault of the injured party.

Contact An Orlando Bicycle Accident Attorney

A bicycle accident in Florida can put a person out of commission for days, weeks, or even months or years if its impact is serious enough. If you have been in a bicycle accident and you believe a driver is at fault, an Orlando bicycle accident attorney from the Hornsby Law Group can protect your rights while you seek the compensation you deserve. Call our office today to schedule a consultation.

Source:

flhsmv.gov/traffic-crash-reports/crash-dashboard/