Bicycle Injury Law: Know Your Rights

Don’t wait to learn about bicycle injury law until you’re in an accident

To get a driver’s license, people have to take classes where they learn the rules of the road as well as some of the consequences of breaking the law. Yet few cyclists think about how bicycle injury law applies to them until they’re already in an accident.

Cycling is on the rise in the United States. In 2021, 51.4 million people rode a bicycle for fun, sport, or as a form of transportation. With new technology like e-bikes making it an ever more accessible way to get from one place to another, it’s no wonder that cycling is becoming more popular. Unfortunately more bicycles sharing the road with cars and pedestrians means more opportunity for something to go wrong.

In Florida, like many states, bicyclists have the same right to compensation after an accident as drivers. That means that if you or your bicycle is damaged in an accident where you were the victim, you may be owed for lost wages, medical bills, pain and suffering, and property damage. In addition to bicycle repair or replacement after an accident, cyclists who were the victim can get compensation for items like cycle specific clothing which can be quite expensive to replace and are often damaged even in minor accidents.

Know about bicycle injury law

While accidents where cars are at fault cause the majority of catastrophic injuries, bicyclists are at least partially at fault in roughly half of all cases. This can affect the level of compensation received in an accident.

The Florida Department of Highway Safety and Motor Vehicles points out that bicycles are considered vehicles in most cases and have all the same rights, privileges, and responsibilities as a motor vehicle. When bicyclists are sharing the road with motor vehicles these are some important rules to consider:

· Bicyclists are required to ride with traffic and obey traffic laws like signaling before a turn.

· Bicyclists riding at night or in weather conditions that reduce visibility need reflectors and lights on the front and back of their bicycle.

· Cyclists shouldn’t text while riding and avoid listening to audio on headphones or earbuds if it will prevent them from being aware of their surroundings.

· At a crosswalk, cyclists should yield the right of way to pedestrians.

The Bicycle Accident Law attorneys who understand bicycle injury law work with clients to help make sure they get all the compensation they deserve after an accident even if they were partially at fault. (Read this list of ways hiring a lawyer can help you if you’ve been in a cycling accident.)

Ride safe and prevent getting injured on a bicycle

· Twenty-two states have laws requiring cyclists to wear helmets. Even when not legally required, insurance companies in some states have reduced payouts to bicyclists who weren’t wearing helmets arguing that it was a form of negligence.

· Alcohol use has been found to increase the risk of a bicycle accident. In some places like New York City, it’s legal to drink and ride but in states like Florida, cyclists can get a DUI if found to be under the influence of drugs or alcohol while riding.

While bike lanes are becoming more common, the level of protection from traffic varies. When cyclists get into an accident with motor vehicles, whether from a motorist opening a door into a bike lane or a collision, the bicyclist is almost always going to have the most serious injuries. Not every accident can be prevented but riding safely, protecting yourself from injury, and knowing local laws can all help keep you from getting injured.

Filing a personal injury claim is step one in bicycle injury law

In Florida, bicyclists can file a personal injury claim up to two years after an accident. If you are injured in an accident, don’t wait until the last minute to file. Making sure you’ve filed an accident report, collecting medical records, and other steps are all things a bicycle injury law specialist can help with and can be important in making sure you get proper compensation for your injuries and can afford the time you need to heal. Matthew C. Scarborough, Esq. has a helpful checklist bicyclists can use to know what to do after getting into an accident.