Statistics for Florida’s state bicycle accidents show an average of 700 cyclists were killed in accidents involving automobiles each year. While the state has established provisions to protect the rights of riders and reduce the risk of accidents, there are still circumstances arising each day that produce serious injuries and fatalities. The data shows that 71% of the accidents happened in urban areas, and 88% of the victims were male. After any cyclist is hit by a car, they can seek assistance from an attorney.
No-Fault Auto Accident Laws
Accident victims face limitations because of local insurance laws. If anyone is involved in an auto accident, the laws state that the person must file an insurance claim through their personal injury protection coverage. As the terms of the policies stand, a victim receives payment for 80% of their medical costs related to the accident. They receive 60% of any wages they lose as a result of their injuries. Bicyclists who sustained bodily harm in an auto-related accident need an injury attorney to review their rights.
Does the Cyclist Have Insurance?
State laws pertain primarily to automobile owners, but it doesn’t require residents who don’t own a vehicle to get auto insurance coverage. A victim who was riding a bike and hit by a car could start a claim against an at-fault driver if they do not have personal injury protection insurance.
Prerequisites for A Cycle Accident Claim
Certain conditions must be present for anyone riding a bike to start a legal claim against the auto owner. Their injuries must be significant or serious. The victim had to develop severe scarring on their body, a disfigurement or lost organ function. The person cannot start a lawsuit just because they sustained a broken bone. The injuries must cause mental anguish, lifelong changes, or cause a disability. Otherwise, the victim must file a claim through their insurance.
Drivers Under the Influence
Florida Statute 316.193 states that driving under the influence of alcohol or drugs is a malum prohibitum-based crime. If the cyclist sustained serious injuries in the collision, the state could impose penalties for a third-degree felony against the driver. If convicted, the driver could face a maximum penalty of five years in prison. If the drunk driver caused the victim’s death, the infraction is a second-degree felony, and the defendant faces a sentence of up to 15 years in prison.
Discrediting the Victim’s Claim
As the civil case proceeds, the defendant’s attorney reviews the auto accident for any reason to dismiss the case. Comparative fault rulings indicate that the victim committed a moving violation that contributed to the cause of the accident. In a bike accident, a moving violation is failing to use headlights at night, riding on sidewalks where cycling is illegal, or traveling on major highways.
Bicycle accidents where the rider is injured severely often involve automobiles. The victim must understand all laws that pertain to them before attempting to start a legal claim. They must also review each of their steps and ensure that they didn’t break any laws. The laws in Florida prevent cyclists from starting a personal injury claim unless they sustained a serious injury. State laws outline how victims must start a claim through PIP coverage first. However, if the cyclist doesn’t have coverage and had a severe injury, they can discuss their case with an attorney now.
