Florida's bicycle accident laws and their implications for personal injury cases
June 08, 2023
Florida is a great place to ride a bike, with plenty of scenic roads and trails to explore. But the Sunshine State has some unique laws that govern bicycle accident cases and their implications for personal injury cases. In this post, we’ll dive into those laws and discuss how they may affect your legal rights as a cyclist injured in an accident.
First, it’s important to note that in Florida, bicycles are considered vehicles and cyclists must obey the same traffic laws as drivers. This means cyclists must ride in designated bike lanes and adhere to posted speed limits. It also means cyclists have the same rights and responsibilities as drivers, including the right to make claims for personal injury if they’re injured in an accident.
What makes Florida a unique state for bicycle accident cases is the principle of contributory negligence. In other words, if a cyclist’s negligence contributed to the accident, they may not be able to collect damages from the other party. For example, if a cyclist failed to yield the right of way or violated a traffic law, they may not be able to collect damages from a negligent driver.
It’s also important to note that in Florida, a cyclist may be held liable for damages if they are deemed to have acted recklessly. Reckless behavior might include:
- Riding without a helmet
- Riding under the influence of alcohol
- Riding in an unsafe manner
Finally, it’s important to note that Florida has a Statute of Limitations for bicycle accident claims. This means you must file your claim within four years of the date of the accident. If you do not file within this time period, you may not be able to collect damages for your injuries.
By understanding Florida’s bicycle accident laws and their implications for personal injury cases, cyclists can be better informed about their legal rights and better prepared to make a claim if they’re ever injured in an accident. Knowing your rights could make the difference between getting the compensation you deserve and being denied the justice you’re entitled to.