An intoxicated cyclist can pursue a bicycle accident claim in Fort Lauderdale if someone else was more at fault for the crash. Florida is a modified comparative negligence state. That means that even if you were partly at fault for an accident, you may still be able to recover money for your injuries or damage to your bike. The key is determining who was more at fault—the drunk bicyclist or someone else involved in the accident.
A Fort Lauderdale bicycle accident lawyer can investigate your case, gather evidence, and help you understand your legal options and whether compensation may be available.
Who Is Liable for an Accident with a Drunk Bicyclist in Fort Lauderdale?
Say you’re biking home after happy hour. A distracted driver who is texting behind the wheel swerves into the bike lane and hits you. In this case, both of you may share some responsibility for the crash, but the driver may bear greater responsibility. So, you could still receive compensation, but it will likely be a reduced amount based on your role in the accident.
If you’re on the other side of the situation (as a driver or pedestrian who was injured because a drunk bicyclist caused a crash), you may file a claim against the bicyclist for your injuries or property damage.
Bicyclists have a legal duty to follow traffic laws. Even though bikes don’t weigh as much as cars, they can still cause serious accidents, especially if they hit a pedestrian or drift into traffic. If a drunk bicyclist injured you, you may be able to hold them liable and seek fair compensation via:
- A claim with their auto insurance (if applicable)
- A claim with their homeowner’s or renter’s insurance
- A personal injury lawsuit
A Fort Lauderdale pedestrian accident lawyer or Fort Lauderdale car accident lawyer from our firm can help you file a claim and explore all possible legal options. No one should have to deal with medical expenses, lost wages, or extensive pain and suffering because of another person’s actions or negligence.
What Kind of Compensation Can a Drunk Cyclist Sue For?
Whether you were a buzzed bicyclist hit by a car, a pedestrian injured while crossing the street, or a driver who was involved in a drunk bicyclist accident in Fort Lauderdale, you may be able to file a claim seeking financial compensation for your economic and non-economic damages, such as:
- Medical bills (ER visits, follow-up care, physical therapy, etc.)
- Lost wages if you had to miss work while healing
- Pain and suffering for physical pain, emotional distress, mental anguish, or lost quality of life
- Damage to your bicycle, vehicle, or other personal property
Every case is different, so the amount you might recover depends on what happened, who caused the accident, and how serious your injuries are.
Per Florida Statutes § 768.81, liability can be shared, so if you were partly responsible for the accident, you may still recover damages. However, your compensation will be reduced by your percentage of fault, and you cannot recover compensation if you are more than 50% at fault.
Can a Drunk Bicyclist Get in Legal Trouble for Riding Intoxicated?
Per Florida Statutes § 316.003(4), a bicycle is considered a vehicle in Florida, and operating any vehicle while intoxicated is illegal in the state, per Florida Statutes § 316.193.
So, if you were riding your bike under the influence of alcohol or drugs, you could be ticketed or arrested for DUI, depending on the situation. You may also face public intoxication or other related charges.
However, riding while drunk doesn’t automatically waive your right to file a personal injury claim. You might still be able to seek compensation for your bike accident if someone else’s negligence played a bigger role in the crash.
Deadlines for Personal Injury Lawsuits Involving Drunk Bicyclist Accidents in Florida
You have a limited time to file a personal injury lawsuit after a bike crash in Florida. Under Florida Statutes § 95.11, you must begin the legal process within two years of the accident date.
If you miss the statute of limitations deadline, the court can reject your case, and you’ll likely lose your chance to sue. Even if you’re unsure whether you want to file a lawsuit, it may be helpful to explore your options with a Fort Lauderdale bicycle accident attorney sooner than later.
Talk to Our Legal Team About Your Intoxicated Bicyclist Accident
Whether you are a bike rider, pedestrian, or vehicle driver, accidents involving drunk drivers or bicyclists can get complicated quickly. However, you don’t have to determine your legal options alone. At the Law Offices of Wolf & Pravato, our Fort Lauderdale personal injury attorneys have helped many bicycle accident victims get the compensation they need to heal and move forward. We will gather evidence, negotiate with the insurance company, and fight for a fair settlement.
If you have questions about your bicycle crash or just want to know what your options are for filing an insurance claim against a liable party, contact our personal injury law firm today by calling (954) 633-8270. Your first consultation is always free, and we’ll talk about what happened, explain your rights, and outline your possible next steps.
