Florida has the unenviable distinction of consistently having more reported bicycle deaths than anywhere else in America. It’s important to understand that if you’re injured or a loved one is killed in a bike-car crash that Fort Lauderdale bicycle accident lawsuits differ from other types of injury/wrongful death cases in a number of ways.
For starters, cyclist injuries tend to be far more serious than what you’d typically see in a car crash. No matter who was at-fault, in a bicycle-car crash, it’s always going to be the bicyclist who suffers the most. As noted in the medical journal American Family Physician, the most common bike accident injuries are to the arms and legs (soft tissue injuries like road rash, bruises, and cuts, as well as strains, fractures, and dislocations). However, traumatic head and neck injuries – including skull fractures, intracranial hemorrhaging, and concussions – are cited in most serious bicycle accident cases.
Why does this matter for claims/litigation purposes? Because it raises the stakes. If you are pressured by an insurance adjuster into signing off on a claim settlement right away, you might do so before realizing your claim is worth a whole lot more. This is why it’s really important to talk to a Fort Lauderdale bicycle accident attorney before you sign anything. Even if you think you were at-fault, getting a professional opinion is important when so much is at stake.
Secondly, the laws governing bicycles is slightly different than the laws governing motor vehicles. True, bicyclists have many of the same rights and responsibilities as motor vehicle drivers, but not exactly the same. Bicycles aren’t allowed to be operated on certain roadways. Drivers passing bicyclists on the road must do so only when it’s safe and give them at least three feet of distance.
Another issue that can complicate bicycle accident claims is that cyclists aren’t required to carry insurance the way drivers are. Florida is a no-fault state for car insurance. That means that no matter who is at-fault, both parties are supposed to filer a claim with their own personal injury protection (PIP) insurer. This covers a portion of medical bills and lost wages, up to $10,000. One must sustain serious/permanent injuries to file a claim for bodily injury liability coverage against the other driver. If you are injured in a bicycle accident with a car and you have PIP coverage for the car you normally drive, you can likely file a PIP claim with your own insurer. Even though you weren’t driving, you were still in an auto accident. However, cyclists aren’t required to carry insurance, so not all have PIP. In that case, they can file a PIP claim with the other driver’s insurance company. Insurance filing deadlines for no-fault coverage tend to be short, so you need to take action immediately. An attorney can help you file all the correct paperwork – completely and on time.
If the other driver was at-fault (or at least, more at-fault than you) AND you suffered serious injuries, you can file an injury claim and/or lawsuit against them. If they do not have insurance, you may be able to collect damages from your own uninsured/underinsured motorist coverage carrier.
As an aside, if you are injured in a bicycle accident that did NOT involve a motor vehicle – you might still be entitled to collect damages. If there was a condition of the road, sidewalk, commercial property, or private home that caused/contributed to the severity of the crash, you might be able to file a claim with:
- The local/state government agency responsible for road maintenance.
- The commercial property owner/manager.
- The homeowner/homeowners’ insurance.
Florida Bicycle Accident Statistics
There were more than 6,400 reported Florida bicycle accidents in a single recent year, resulting in nearly 200 deaths, 740 incapacitating injuries, and 5,200+ total injuries. That’s according to the Florida Department of Highway Safety & Motor Vehicles. Other reliable sources, like the National Highway Traffic Safety Administration (NHTSA) have been reporting for years that Florida continues to have one of the highest rates of deadly and injurious bicycle accidents. Cyclist deaths account for 5.1% of the total number of traffic fatalities in Florida – a higher percentage than anywhere else in the U.S. The total number of bicyclist deaths is also higher here than anywhere else – by far – which is especially troubling when considering that Florida has fewer people than some of these other states. Florida has nearly half the population of California, and still reported 50 more bicycle deaths in 2020.
Why is this such a problem in Florida?
Some factors that may contribute:
- Tens of millions of people visit Florida every year – many from different states and other countries. Many of them rent cars and drive on our roads, despite not really knowing exactly where they’re going – let alone fully grasping our traffic safety laws. That can lead to more interactions between cyclists and cars.
- Florida has an outsized number of both older and younger drivers. Young drivers, as we all know, are dangerous on the road because of immaturity and recklessness. Older adults tend to be much more careful, but they may have diminished vision, depth perception, and reaction time – all of which can increase crash risk.
- People love biking in Florida thanks to the weather, but as Floridians know well, that can drop on a dime. Afternoon downpours can leave roads slick and dangerous, particularly for cyclists sharing the roadway.
Do’s and Don’ts of Fort Lauderdale Bicycle Accident Claims
If you are injured in a bicycle accident:
- Don’t give a recorded statement to the other party’s insurance agent.
- Do talk to an attorney before signing any insurance company papers, medical releases, or documents.
- Don’t wait more than a week after an accident to see a doctor. In fact, go immediately after if at all possible.
- Don’t exaggerate – or minimize – your injuries to anyone.
- Do provide your doctor with any pertinent information, including any pre-existing conditions you may have.
- Do be honest and upfront with your attorney.
- Don’t discuss your accident or injuries with friends, co-workers, or neighbors – and don’t post anything on social media either.
If you are injured in a Fort Lauderdale bicycle accident, contact an injury attorney whose track record of success in similar cases speaks for itself.
Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.
Additional Resources:
Traffic Crash Facts, Annual Report 2021, FLHSMV.gov
More Blog Entries:
Will a Pre-Existing Injury Kill Your Fort Lauderdale Injury Claim? June 10, 2023, Fort Lauderdale Bicycle Accident Lawyer Blog