The Tampa Bay area offers beautiful scenery and a vibrant cycling community, but sharing the road with motor vehicles can be dangerous. As a cyclist in Tampa, navigating busy streets and crossing high-traffic intersections can put you at risk of an accident. When a collision happens, the injuries can be severe, and the legal questions that follow are often overwhelming.
If you have been hurt while cycling, you deserve to understand what comes next. L Pincus Law, PLLC, believes in a compassionate approach to helping individuals who have been injured. We want to ensure you have clear, straightforward answers about your rights and the legal process in Florida.
A Cyclist’s Place on Florida Roads
Florida law is clear: a bicycle is legally considered a vehicle. This classification, outlined in Florida Statute § 316.2065, means cyclists have the same rights to the roadway as motorists. It also means you must follow the same rules, such as stopping at red lights and stop signs and signaling turns.
Motorists, in turn, have a duty to respect you and share the road safely. Specifically, Florida Statute § 316.083 requires drivers to maintain a safe distance when passing a bicyclist, which is defined as a minimum clearance of three feet. A motorist who fails to follow these rules, whether by turning right in front of you or passing too closely, may be found responsible for a collision.
- Riding Right: Generally, you must ride as close as practicable to the right-hand curb or edge of the roadway.
- Taking the Lane: You have the right to take the full lane when the lane is too narrow to share side-by-side with a motor vehicle safely. You can also take the lane when passing, preparing for a left turn, or avoiding hazards.
Navigating Florida’s No-Fault Insurance and PIP
One of the most confusing aspects of a bicycle accident claim in Florida is the state’s no-fault insurance system. Florida law requires all registered drivers to carry Personal Injury Protection (PIP) insurance. This coverage is generally intended to compensate for certain damages, regardless of who is at fault for the accident.
Does PIP Apply to Cyclists?
Yes, it does. If a motor vehicle hits you, you may be covered by PIP benefits, even though you were on a bicycle. Here is how coverage works for an injured cyclist:
- If you own a registered car, your own auto insurance policy’s PIP coverage is typically the first resource to cover your medical expenses and a percentage of your lost wages, up to the policy limit, which is often $10,000.
- If you do not own a car, you can file a claim against the PIP policy of the driver who hit you.
PIP benefits typically cover 80% of necessary medical expenses and 60% of lost wages, but remember that for treatment to be fully covered, you must seek medical care within 14 days of the accident. It is vital to see a doctor immediately, even if your injuries seem minor.
When You Can File a Lawsuit: The “Serious Injury” Threshold
PIP is often insufficient to cover the full costs of a serious bicycle accident. Cyclists are completely exposed in a collision, making severe injuries, like broken bones, traumatic brain injuries, or spinal damage, all too common.
Because of Florida’s no-fault law, you can only step outside of the PIP system and pursue a personal injury lawsuit against the at-fault driver if you have sustained a permanent injury or what is defined as a “serious injury”, which is a significant threshold to meet.
We understand how intimidating this legal language can be when you are focused on healing. L Pincus Law, PLLC, is dedicated to helping you understand if your injuries meet this standard and what that means for your right to pursue fair financial recovery.
Comparative Negligence and Shared Fault
After a serious accident, the at-fault driver’s insurance company will often try to shift blame to you, the cyclist. They might argue you were riding against traffic, failed to use proper lighting at night, or swerved unexpectedly.
Florida follows a legal principle called Modified Comparative Negligence. It is crucial to understand how this law affects your claim, as it has recently been amended. If you are found to be more than 50% at fault for the accident, you cannot recover any compensation from the other party, and if you are found to be 50% or less at fault, your total compensation award will be reduced by your percentage of fault.
We Are Here to Support Your Recovery
At L Pincus Law, PLLC, our team is ready to stand by your side. We will carefully investigate the collision, handle all communication with the insurance companies, and build a detailed case that accurately accounts for the full impact the accident has had on your life. We focus on the complexities of the law so you can focus on getting better.
If you or a loved one has been injured in a Tampa-area bicycle accident, do not hesitate to reach out for a confidential review of your case. We want to ensure your rights as a cyclist are protected.
Call us today for a consultation at 813-582-3321.
