Bicycle Accident

Miami Attorney

South Florida roadways have a high number of bicycle traffic. Unfortunately, motor vehicles do not always properly share the road with bicycles. Florida has very specific laws governing bicycles.

A cyclist has all of the rights and all of the duties applicable to a driver of any other vehicle with some exceptions. The rider must ride the bicycle in the lane designated for bicycle use, if no lane is marked for bicycle use, the rider must ride on the roadway as close as practicable to the right-hand curb or edge of the roadway except under very specific situations.

How can a South Florida Bicycle Accident Attorney help you?

Florida law imposes certain requirements on the rider of a bicycle when carrying a passenger. Failure to obey these requirements may result in the issuance of a citation to the rider by a law enforcement officer. There is a requirement to wear a helmet that meets a minimal safety standard for riders or passenger under a certain age. Due to the nature of a collision between a bicycle and automobile, catastrophic injuries, are a common result of such impact.

Persons riding bicycles upon a roadway may not ride more than two abreast except under specific instances.

  1. The riders may not impede traffic when riding at less than the normal speed of traffic and shall ride within a single lane.

  2. A cyclist must equip the bicycle with a front lamp and rear reflector during specific hours of the day.

 

Failure to properly equip the bike can result in the issuance of a citation by a law enforcement officer.

According to Florida law, a bike rider traveling along a sidewalk, or across a roadway upon and along a crosswalk has all the rights and duties that apply to a pedestrian in the same circumstances. Bikers are required to yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian.

It is of importance to note that a person’s failure to wear a bicycle helmet or parent or guardian’s failure to cause a child from wearing a bicycle helmet may not be considered evidence of negligence or contributory negligence.

What to do after a Bicycle Accident:

Take photographs of bicycle and vehicles involved

Do not speak to anyone but your attorney

​​Obtain the name and phone number of all witnesses

Take photographs of all visible injuries​

Obtain immediate medical attention

Report Accident to the Police

The Perez-Gurri Law Firm will handle all aspects of your bicycle accident case.  We will explain the law to you and how it affects your case. You should consult with an attorney who can advise you of your rights and the potential value of your damages. It is very likely that an insurance company adjuster or investigator will attempt to contact you and obtain your statement before you have had an opportunity to speak with an attorney. It is always recommended that you speak to an attorney before you speak with a representative from an insurance company.

What you may be entitled to receive, including but not limited to:

-Payment of medical bills

-Payment of lost wages

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-Payment of lost services

-Payment for loss of earning capacity

-Payment for physical pain and suffering

-Payment for emotional pain and suffering

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-Payment for property damage