Bicycle Accidents and No-Fault Insurance Law
Florida continues to be one of the states in the nation with the highest number of bicycle crashes. In 2012, Florida had 6,425 bicycle crashes, a 28% increase from the previous year. In 2012, 6,058 cyclists were injured, almost a 31% increase over 2011. Broward County leads the pack at 822 crashes, followed by Miami Date at 751.
If you were riding a bike in Florida and were involved in an accident caused by a motor vehicle do you know what to do? Florida’s no-fault law limits the ability of bicycle accident victims to take legal action against the at-fault driver. In order for an injured cyclist to file an action against the at-fault driver to recover damages outside the realm of no-fault insurance law, certain conditions must be met.
What is Florida no-fault law no Insurance?
Florida’s no-fault insurance law, also known as personal injury protection (PIP), states that regardless of who’s at fault, each driver, pedestrian or bicyclist who suffers injuries in an accident must file a claim under their own auto insurance policy to recover the following expenses and losses following the accident.
- 80% of reasonable medical expenses including doctor visits, surgery, X-rays, dental, rehabilitative services, and medically necessary ambulance, hospital, and nursing services
- 60% of lost wages under their own policy
- Replacement services like babysitting or lawn care
Florida Bicycle Accident Law
In the event that the bicycle rider doesn’t have auto insurance, Florida bicycle accident law allows the cyclist to file a claim under the responsible driver’s auto insurance policy. In these cases, the injured bicyclist may be able to recover from the at-fault driver’s property damage liability (PDL) benefits, bodily injury coverage or other policy coverage.
In order for an injured cyclist to file an action against the at-fault driver to recover damages outside the domain of no-fault insurance law, the injured victim must have suffered a serious injury, like:
- Significant scarring
- Loss of a bodily function
Because cyclists are exposed and don’t have seatbelts or a shield to protect them like passengers in a car accident, often accidents involving bicyclists result in serious injuries or even death to the cyclist. In the event where a loved one died as a result of the accident, surviving family members may file a wrongful death lawsuit.
Contact Our Bicycle Accident Lawyer Florida
If you or someone you know was involved in a bicycle accident with a motor vehicle, it’s important to contact an experienced bicycle accident attorney to help you understand the nuisances of Florida’s no-fault laws.
We also help the victims of a bicycle accident in the following cities: