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

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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

Bicyclists remain among the most vulnerable road users on South Florida streets. The National Highway Traffic Safety Administration (NHTSA) reports in its latest analysis of the issue that of the 856 bicyclists who died in the U.S., 161 of them lost their lives on Florida roads. The only other state that even comes close is California, a state with nearly double our population that reported 131 fatal bike crashes. Of the 3,183 total traffic deaths reported in the Sunshine State in a single recent year (third only to California and Texas), 5.1% of those were bicyclists. The national rate is 0.26%. Delaware technically has a higher percentage rate in this regard, but had 7 total bicyclist deaths that year, compared to our 161. Plus when factoring population, our rate is higher.

This is not a badge we wear proudly by any means, and of course every preventable crash death is one too many – no matter where it is. But our Fort Lauderdale injury lawyers know that this recurring fact does beg the question: What is Florida doing wrong? This question is particularly poignant in areas like Fort Lauderdale, Miami, Tampa-St. Petersburg, Orlando, and Jacksonville, where rates are the highest.

A huge part of the problem is that motorists are too distracted and drive too fast. These two factors alone lead to so many avoidable tragedies involving cars vs. bicyclists (and cars vs. pedestrians, for that matter).

While there has been some forward movement on important state legislation attempting to address these issues (the distraction element, at least), sometimes the laws already on the books aren’t properly enforced – if most drivers are even aware of them in the first place. For example, F.S. 316.083 requires motor vehicle drivers to give bicyclists at least 3 feet of clearance before overtaking and passing them. Many simply do not do this, and often face little-to-no consequence for it. Some chalk this up to the overarching cultural attitudes about bicyclists. As a bicyclist advocate was recently quoted saying in the Florida Phoenix, “Out west, bicycling is seen as just another legitimate form of transportation. … But in Florida, the majority of elected political leaders don’t understand that bicycling is just a slow-moving vehicle on the right of way. That’s all it is, and as a result we have motorists who… are engaging in flat-out dangerous driving behavior.”

It doesn’t help that our streets were designed and built after WWII and almost exclusively for fast-moving motor vehicle traffic. America as a whole hasn’t done a great job of creating a system of transportation that is great for walking and biking or even public transport, but Florida has done an especially lousy job – something state officials have publicly acknowledged. Specifically, they’ve created urban streets that look a lot like rural highways, with wide lanes, high speed limits, and no protected bicycle lanes or often even sidewalks.

The state has taken some steps to change this, with the Florida Department of Transportation not long ago adopting 8 context classifications to direct road designs decisions as part of a Complete Streets initiative. The system instructs transportation planners and engineers to weigh existing and future characteristics of a specific area, including multiple land uses and street connectivity to ensure roads are designed to accommodate all road users and trip types. A road designed for bicycle-friendly traffic is going to include things like narrower car lanes, designated bicycle lanes, lower vehicle travel speeds, on-street parking, and pull-offs and safe intersections.

But as the most recent NHTSA report reveals, these changes can’t happen soon enough. In addition to the more than 840 bicyclist deaths reported in the October 2021 report, there were also nearly 50,000 bicyclists injured – a 54 percent increase over the previous year. Fatalities for cyclists were significantly higher in urban areas, which is where 78% of them were reported.

If you’re injured or a loved one killed in a Fort Lauderdale bicycle accident, it is critically important that you promptly consult with an experienced injury/wrongful death attorney. Options for compensation can be limited by the fact that cyclists aren’t required to carry personal injury protection (PIP) coverage that is mandated by motor vehicle operators. If you do have PIP, you can use that for up to $10,000 in compensation. If not, the driver’s PIP coverage may kick in, regardless of fault. However, if your injuries are more severe than that, you may need to file a claim for damages with the at-fault driver’s insurer. If that driver doesn’t have insurance, only has minimal coverage, or didn’t stop at the scene of the crash, you may look into filing a claim with your own uninsured/underinsured motorist coverage carrier. Our dedicated injury lawyers are committed to helping you explore all potential angles for compensation.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Traffic Safety Performance Measures for Florida

More Blog Entries:

How Fort Lauderdale Pedestrian Accident Victims Can Obtain Compensation for Injuries, Jan. 15, 2022, Fort Lauderdale Bicycle Accident Lawyer Blog

According to Bicycling.com, the bicycle accident occurred in 2014, when he struck an uneven sidewalk, resulting in a “ramp-like effect” that launched him 28 feet over the handlebars of his bicycle.

Apparently, a tree root had grown up through the concrete, raised it seven inches and cracked it, a condition the city was reportedly aware of the condition and failed to address it.

This is reportedly not the first time the city has paid out damages for bicycle accident injuries, though it is the largest amount the city has paid for this type of incident. Just last year, council members for the city agreed to pay $235,000 to a woman who was seriously injured after hitting a pothole while cycling in 2014. She was thrown from the bicycle, and suffered injuries to her head, pelvis and lower back, according to the San Diego Tribune.

That was one of several pothole-related lawsuits filed against the city in the last few years, each alleging city officials were aware of the dangerous condition, yet failed to address it.more

There was also a case involving an ailing 60-foot palm tree that fell on a man during a storm, causing him to suffer paralysis. Council in that case paid $7.6 million.

The most recent case involved a poorly-maintained sidewalk resulting in a bicycle accident. Plaintiff reportedly suffered torn spinal cord ligaments, as well as a stroke, in addition to numerous lost teeth and various cuts and bruises. He spent a full month in the hospital and then two months in an in-patient rehabilitation center. He continues to receive in-home care.

Here again, plaintiff alleged the city was aware of the potential danger of this uneven sidewalk, and yet failed to take corrective action or even post a sign indicating there may be a dangerous situation ahead. City attorneys initially insisted the condition was open and obvious, and therefore cyclist could have avoided it. Attorneys for the city also sought to introduce evidence of plaintiff’s prior history of mental illness and drug abuse. Although trial court was willing to allow evidence of the latter, it would not open allow the former.

A settlement prior to trial typically indicates a defendant perceives there is a risk if the case goes to trial, the jury will award more compensation than the settlement amount.

Here in Fort Lauderdale, the Sun-Sentinel reports the city is aware of at least 106 miles worth of bad sidewalks. City leaders have been working toward making the city more pedestrian-friendly and walkable. However, 25 percent are cracked, uneven or pock-marked, and that would cost $16 million to fix. That doesn’t even account for the more than 600 miles of sidewalk that are needed on streets where there are none.

It should be noted that the ordinance in this city requires property owners to install and repair sidewalks adjacent to them. While enforcement has been lax, it can still be grounds to seek compensation in a personal injury lawsuit if someone should trip-and-fall or encounter it on a bicycle.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

San Diego paying $4.85M to cyclist injured by damaged sidewalk, March 1, 2017, By David Garrick, The San Diego-Tribune

More Blog Entries:

Property Owner Liability for Dangerous Road Conditions, March 7, 2017, Bicycle Accident Attorney Blog

• Fatalities per 100 million vehicle miles traveled;
• Percentage of fatal crashes involving failure to obey traffic laws;
• Drunk driving;
• Speeding;
• Careless driving resulting in fatal crashes with pedestrians and bicyclists per 100,000 residents.

Interestingly, Montana was deemed to have the worst drivers in the country. That was followed by South Carolina, New Mexico, Texas, Louisiana, Arizona, Hawaii, North Dakota Delaware and Mississippi.

However, Florida did come out No. 1 in one category: Careless Driving.

This comes as little surprise to our Fort Lauderdale car accident attorneys.

The Sunshine State ranked 16th for number of traffic deaths per 100 million vehicle miles traveled. We ranked 29th for traffic fatalities related to violations of traffic laws, such as obeying traffic signals or wearing a seat belt. We were 41st when it came to drunk driving and 51st when it came to speeding. However, we were No. 1 when it came to careless driving for fatal collisions with pedestrians and bicyclists per 100,000.

While the fact the state ranks so low with regard to speeding and drunk driving is a bit surprising, the grave situation as it relates to bicyclists and pedestrians is less than shocking. According to the National Highway Traffic Safety Administration’s annual Traffic Safety Facts for bicyclists and other cyclists in 2013, there were 743 bicyclists killed and another 48,000 killed nationally that year. That represented a 20 percent increase in the number of deaths since 2010, and was in no small part due to the numbers in Florida. That year, the state had 133 bicyclist fatalities, accounting for 5.5 percent of all traffic deaths.

The only state that had a higher number of bicycle deaths was California, which had 141. That’s just eight more deaths, despite the fact that California outnumbers Florida by about 19 million people.

Similarly, the NHTSA’s 2013 Traffic Safety Facts data on pedestrians indicated that of the 4,735 pedestrians killed in the U.S. that year, 501 of them were from Florida. California did have 200 more pedestrian deaths that year, but when population was factored in, California’s rate was 1.83 per 100,000 population, whereas Florida’s was 2.56 per 100,000 population. Delaware had the highest percentage of traffic fatalities – 2.70 per 100,000 population, but the overall number of pedestrian deaths in that state was 25. In the District of Columbia, the 9 pedestrian deaths in the state that year comprised 45 percent of all its traffic fatalities, compared to Florida’s 20.8 percent.

The most recent study factored in statistics available from the NHTSA.

Florida’s careless driving statute is codified in F.S. 316.1925. The law states that anyone who operates a vehicle on public roads have to do so in a “careful and prudent manner,” with appropriate regard for grade, width, curves, corners, traffic and “all other attendant circumstances.” Failure to do so will not only result in a ticket and fine, it could means civil litigation that results in costly liability for any resultant injuries.

Although the statute does not specifically define, “careful and prudent manner,” it’s often cited in rear-end collisions (for failure to maintain a safe distance), failrue to check when reversing (failure to yield), unsafe overtaking and striking a pedestrian.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Car Insurance Study Settles It: Montana Has Worst Drivers, Nov. 27, 2015, By Bart Jansen, USA Today

More Blog Entries:

Technology Holds Promise of Ending Driver Distraction, Nov. 13, 2015, Fort Lauderdale Injury Lawyer Blog