New Law for Florida Cyclists - Obey the Stop Sign
Don’t underestimate the importance of the stop sign: they can not only save your life, but they can also save your case in Florida courtrooms.
A new law in Florida explains that if a cyclist is 51% at fault for not obeying traffic laws such as stop signs, a jury can rule that they will get zero compensation. This is due to the fact that they did not follow the rules of the road, therefore leaving them at fault. Not only would that cyclist end up with zero compensation, but ignoring a stop sign can put bikers at great risk of danger.
The Florida legislature adopted FS 768.81 which now regulates negligence cases in a contributory fault standard rather than a comparative fault basis. So what does that mean? Under the new statute, which has been in place since March of 2023, if a party is more than 50% at fault for an accident, they recover no compensation.
Bicycle Accident Lawyer, Matt Scarborough, who represents many cyclists says, “In Florida now, if your 51% at fault and you go to a jury and the jury says “Hey, your 51% at fault,” guess what? You get zero (compensation). Don’t get zero.” Obeying a stop sign can help negate the possibility of receiving no compensation for your accident.
Sadly, many biking accidents occur due to either vehicles or bikes failing to stop at stop signs. Just recently, in Indian Rocks Beach, Florida, an e-biker didn’t stop at the stop sign, and collided with a van, leaving the biker with life-threatening injuries.
This amplifies the importance of always adhering to traffic laws, to ensure safety for yourself and those around you.
Florida Cyclists - Obey the Stop Sign Law
According to the Florida Bicycle Association, Florida bicyclists are “legally defined as a vehicle” and “have the same rights to the roadways, and must obey the same traffic laws as the drivers of other vehicles.” This includes obeying stop signs, lights, and traffic flow, amongst other laws.
This is why it is so vital that bicyclists follow the traffic laws, especially to avoid injury or receiving no compensation for an accident, since they would be at fault. Stop signs ensure adequate pauses for traffic breaks, and if somebody rolls through it, it affects more than just one person.
In fact, some of the most common biking incidents are caused by not following traffic laws. Injuries such as head trauma or broken bones can occur simply from not obeying the rules of the road, such as the stop sign law.
“Since 2010, we’ve had a 55% increase in deaths,” says Scarborough. While many of these could be due to vehicles failing to follow the rules of the road, it could also be due to fewer bikers stopping at stop signs. It is imperative that cyclists do so in order to stay safe on the roads.
In any case, it is important to have a lawyer on your side. Bicyclists deserve to feel as safe as motorists, which is why it is imperative to have representation. Having a lawyer who specializes in bicycle accident law can make all the difference.
Next time you're tempted to roll through a stop sign, think twice. It can save your life and it can save your case.
