Bicycle Accidents Common Questions:
I was injured in an accident while riding my bicycle. Do I have any legal rights?
KPH: If you were injured in a bicycle/motor vehicle accident as a result of another’s negligence or fault, you can file a lawsuit.
What are my rights as a bicycle rider?
KPH: Bicycle riders have the same rights as drivers of motor vehicles, and they also have the same responsibilities. Cyclists must observe and obey all traffic laws. Bicyclists must display lights and reflectors while riding at night and must stay as close as possible to the right-hand side of the road.
I was involved in a bicycle accident and wasn’t wearing a helmet? Can I still file a claim?
KPH: Florida law does not require bicyclists over the age of 16 to wear helmets, so failing to wear a helmet should not have an impact on your ability to file a claim. Even if you are under the age of 16, you can still bring suit but your failure to wear a helmet will be a comparative negligence issue.
My accident was caused by a car, but the car did not actually hit me. Can I still file a claim?
KPH: Although people commonly believe that there has to be actual physical contact between a cyclist and a car for the motorist to be held liable, this is not the case. Often, a cyclist is injured while trying to avoid such contact. In these cases, the motorist can still be held liable.
Can I be found at fault for my accident?
KPH: Bicyclists who violate the law, may be found at fault. For example, if you are riding your bicycle while intoxicated, you can receive a DUI and may even lose your driver’s license.
Who can I file a claim against if I am injured in a bicycle accident?
KPH: It depends. If the accident was caused by a motorist, you can sue that individual. If the accident was caused as a result of poor road maintenance the government entity responsible for that maintenance may be liable. If the accident was caused as a result of equipment failure the bicycle manufacturer may be at fault. In order to make a determination as to who is responsible, it is important to contact a qualified attorney as soon as possible.