Exploring Tampa by bike is an excellent way to improve cardiovascular health and reduce your carbon footprint. However, as bicycles have grown in popularity, so have bicycle accident cases. Recent statistics suggest that in Hillsborough County, there were 687 bicycle crashes, which caused 653 injuries and 13 fatalities. Distracted driving and poor visibility lead the way as the most common causes of these traumatic bicycle accidents and hit-and-runs involving bicycle riders are on the rise.
What can a cyclist do if hit by a car in Florida? Do injured cyclists have legal options for recovering the compensation they need? Understanding cyclist rights in car crashes is the first step toward empowering yourself. You can seek to hold careless motorists responsible for their actions.
What Are Your Legal Rights as a Cyclist Hit by a Car?
As a cyclist in Florida, you have the right to seek fair compensation for your injuries if a motorist hits you. First, it is time to clear up a few issues that can confuse injured cyclists. Florida‘s definition makes a bicycle a vehicle under state law. That means as a cyclist, you have the same legal rights and responsibilities as other motorists, such as obeying all traffic laws and remaining at the scene of an accident.
Since Florida follows a no-fault insurance model, your car insurance company is the first place you’ll turn to for compensation for your injuries. While cyclists are not legally required to carry insurance, all motorists must carry personal injury protection or PIP coverage. PIP insurance covers up to 80 percent of an injured individual’s reasonable and necessary medical expenses, regardless of who caused the accident. It also covers a portion of a victim’s lost wages.
Although you may have been riding your bike when hit by a careless driver, you can still file a claim with your car insurance company and use PIP coverage to help compensate you for your injuries. If an injured cyclist is a minor or has no car insurance, they may be covered by a family member’s PIP coverage if they live in the same household. Under the no-fault system, you cannot file an accident claim with the driver’s car insurance company until you file an accident claim with your PIP insurance carrier first. If you have no PIP coverage available to you, you can file a claim with the at-fault driver’s bodily injury coverage.
Serious Injuries
If your injuries meet Florida’s “serious injury threshold,” you can pursue compensation for your personal losses, such as pain and suffering or loss of enjoyment of life, from the at-fault party’s insurance companies. Injuries that rise to the serious legal threshold must cause:
- The significant or permanent loss of a crucial bodily function
- Permanent injury
- Significant or permanent scarring or disfigurement
- Death
Compensation You Could Recover
The bicycle accident settlement process depends on the severity of a victim’s injuries and other factors. Compensation for bicycle accident injuries varies as well but can include money for the following:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Personal property damage
- Emotional distress
- Loss of enjoyment of life
- Pain and suffering
In rare instances, a bicycle accident victim may be awarded punitive damages through a personal injury lawsuit. These damages do not cover your injuries or losses. They are a financial penalty against the other party for intentional misconduct or gross negligence.
Who Is Liable When a Cyclist Is Hit by a Car?
Although Florida follows a no-fault system, meaning your insurance company compensates you for your injuries regardless of who caused the accident, liability does play a role in civil cases. Liability can impact a personal injury lawsuit under Florida’s modified comparative negligence regulation. This regulation dictates that in civil cases, an individual’s level of fault for causing an accident affects the compensation for their injuries. A bicycle accident victim’s compensation decreases by the same percentage as their share of blame. If an individual’s share of blame exceeds 50 percent, they cannot recover compensation for their injuries.
Proving liability makes a world of difference in bicycle accident legal cases. So, who is at fault in a bike accident? The answer depends on the circumstances of the crash. In some instances, more than one party may even bear responsibility for a bicycle crash. Parties who may be partially or wholly liable when a cyclist gets hit by a car in Florida can include:
- The driver
- The registered owner of the motor vehicle
- The cyclist
- A parts manufacturer
Establishing liability in a Florida bicycle accident means gathering and preserving evidence that supports your case. Medical records, police reports, photographs and videos of the scene, and witness statements can help you paint a compelling picture showing who caused the accident and why you deserve maximum compensation for your injuries.
However, fault determination in bike accidents can be challenging, especially if you are seriously injured and don’t have the time or capacity to recover vital evidence after a wreck. Often, it takes the dedication and tireless investigation tactics of an experienced bicycle accident lawyer to collect necessary evidence that helps prove liability and puts you in the best position to pursue compensation for your injuries.
A Tampa Bicycle Accident Lawyer is Ready to Help
At Jurewitz Law Group Injury & Accident Lawyers, our team of Tampa bicycle accident lawyers is ready to fight for you. We have decades of legal experience and understand Tampa, Florida’s unique laws and regulations that can impact your case. When we step in, we manage every aspect of your situation, advocating for you and pursuing the money you need. We will take your case to trial when necessary and won’t back down from tough cases.
Call our Tampa office today at (619) 233-5020 or contact us online to arrange a bicycle accident lawyer consultation. We can review your situation and outline your legal options for recovering fair compensation for your bicycle accident injuries.
