Bicycle Accidents and Florida Negligence Law
Florida ranks first among bicyclist fatalities in the United States, according to statistics published by the National Highway Traffic Safety Administration. Common causes of bicycle accidents include:
- Distracted drivers who aren’t paying attention and don’t notice the cyclist until it’s too late,
- Drivers who run stop signs or otherwise don’t obey posted traffic signs,
- Drivers who don’t yield the right-of-way to cyclists, and
- Drivers who change lanes without checking their blind spot.
It’s scary when a motor vehicle collides with a bicycle. Thankfully, cyclists and their families have rights when a collision results in personal injuries or death. Drivers have a duty under Florida law to drive carefully and responsibly around cyclists and anyone else sharing the road.
Cyclists, too, have certain responsibilities under the law. For example, cyclists younger than 16 years old must wear helmets, and all cyclists should ride as far to the right as possible. Unfortunately, cyclists are often partly at fault when accidents happen.
Filing a Wrongful Death Lawsuit in Florida
The deadline for filing a wrongful death lawsuit in Florida is two years from the date of the death. Florida is also a comparative fault state, which means damages are apportioned among wrongdoers according to their percentage of fault. If the cyclist was partially at fault for his injuries then his compensation will be reduced accordingly.
If you’re filing a personal injury lawsuit, then you have four years from the date of the injury. The same comparative fault rules apply.
Examples of Recent Bicycle Accidents
In August 2018, a 72-year-old man died after a hit-and-run accident in Volusia County. According to Florida Highway Patrol troopers, a female driver struck the man while he was riding a bicycle. She allegedly got out of her car and looked at the victim before driving off.
In May 2018, a 26-year-old man died in Lake County after being thrown off his bicycle. He was riding south on U.S. Highway 27 when a car changed lanes and crashed into the back of the bike. The man landed in the road where another vehicle ran over him. Neither driver saw the victim before crashing into him. The victim was pronounced dead at the scene.
In May 2018, an Orlando teen died after his bicycle collided with an oncoming car. The 17-year-old flew off his bike when the car struck him on Oak Ridge Road and was pronounced dead at the hospital. According to police reports, the teen didn’t yield the right of way before riding onto Oak Ridge.
Contact Us Today
Contact an Orlando personal injury attorney at The Pendas Law Firm today for a free consultation if you or a loved one is injured or killed in a bicycle accident. We will investigate whether negligence is a factor and help recover compensation for your injuries, including medical expenses, lost wages, and pain and suffering.
The Pendas Law Firm also represents clients in the Jacksonville, Miami, West Palm Beach, Fort Myers, Tampa, Fort Lauderdale, Daytona Beach and Bradenton areas.
Resources:
orlandosentinel.com/news/os-bike-study-national-fatalities-20170823-story.html
orlandosentinel.com/news/breaking-news/os-man-dead-volusia-20180801-story.html
orlandosentinel.com/news/traffic/os-moises-vargas-killed-bicycle-20180503-story.html
orlandosentinel.com/news/breaking-news/os-orange-bike-fatal-oakridge-20180520-story.html
