With its year-round sunny weather, active downtown, and canals swirling through the city, Fort Lauderdale offers some of the best scenery in America for cycling. The only downside is that many motorists in South Florida do not respect the rights of cyclists, resulting in severe bodily injuries each year. However, the Fort Lauderdale bicycle accident attorneys at the Law Offices of Wolf & Pravato can protect your rights.
If you have suffered injuries in an accident due to the negligence of another, ourFort Lauderdale personal injury attorneys can investigate your accident, identify the liable party, determine your damages, and fight for the maximum compensation you and your family deserve. Call us today at (844) 643-7200 for a free case consultation. Our team can explain your legal options and help you get started on your recovery.
Bicycle Laws in Florida You Should Know
UnderFlorida Statutes § 316.003, a bike is defined as a vehicle, and a bike rider is defined as a driver. Furthermore,Florida Statutes § 316.2065 recognizes that every bicycle operator has the same rights to the road as any motorist. Cyclists are also required to obey all the same rules about lane usage, traffic signs, signals, and intersections.
It is imperative that motorists and cyclists share the road to reduce the number of accidents that can occur between bikes and cars.
However, there are some unique laws and rules regarding bicycles:
Sidewalk Riding and Two-Abreast Riding
Cyclists are permitted to ride on sidewalks, unless asign is posted prohibiting it in that area. Since bicycles are vehicles, though, they must operate their bike at a reasonable speed for the traffic on the sidewalk, give an audible signal when passing, and yield to pedestrians.
Florida law also allows cyclists to ride two abreast on the far right side of the road, but they must not impede traffic. They may ride more than two abreast only on paths specifically designated for bicycles.
Helmet Laws and Safety Equipment Requirements
Any rider under 16 must wear a helmet that meets the safety standards set by the U.S. Consumer Product Safety Commission,16 C.F.R. Part 1203. It is recommended that all riders wear a helmet, but it is not required by law for those 16 and older.
Additionally, riders must have:
- Reflectors and lamps that make them visible at night (500 feet from the front and 600 feet from the rear)
- Functional brakes that stop at 25 feet from 10mph on dry, level pavement
- Regular fixed seats
3-Foot Rule for Motor Vehicles
UnderFlorida Statutes § 316.083, passing vehicles must have 3 feet between them and the bicycle they are passing. If they do not have the room, the passing vehicle must wait until they do have the clearance.
E-Bike Classifications and Relevant Laws
Florida law now recognizes E-bikes and has adopted the three-class system:
- Class 1: Pedal assist only and speeds not to exceed 20mph
- Class 2: Motor-assisted with or without a pedal and not to exceed 20mph
- Class 3: Pedal assist only and speeds not to exceed 28mph
Riders must follow the same rules as other motorists and cyclists.
If you were injured in a crash, our Fort Lauderdale bicycle accident lawyer can help you understand your rights and pursue compensation.
Common Causes of Bicycle Accidents in Fort Lauderdale
According to theNational Highway Traffic and Safety Administration (NHTSA), 1,166 bicyclists were killed and another 49,489 were injured in 2023. The following are some of the most common causes of bicycle accidents our Fort Lauderdale bicycle accident lawyers have seen:
- Distracted Driving
Distracted driving occurs anytime the driver takes their attention from the road. This distraction can be either:
- Visual: Looking at something other than the road and vehicles
- Manual: Removing the hands or feet from the steering wheel and pedals
- Cognitive: Thinking of anything other than the operation of the vehicle
The most common form of distraction today istexting while driving, which engages all three forms of distracted driving.
- Speeding, Reckless Driving, and Failure to Yield
Any activity that violates traffic laws will place other road users in danger, including bicycle riders. Traveling over the speed limit, weaving through traffic, and disobeying stop signs and red lights will result in accidents.
- Dooring Accidents
Dooring accidents occur when a motorist opens their car door, and a bicyclist runs into it. These accidents typically happen on busy streets with heavy traffic, which forces the bicyclists to ride close to parked cars. It is important to note that the responsibility to check for oncoming traffic, both bicyclists and motorists, rests on the driver.
- Road Hazards and Poor Visibility
Drivers must adjust their speed and following distance when road conditions change or become adverse. If there is heavy rain, loose gravel, or potholes in the asphalt, drivers must adapt to these conditions. Though a municipality with authority over a road may share in the fault if poor road conditions contributed to your accident, the driver is still responsible for any accident they may cause.
- Drunk or Impaired Drivers
PerFlorida Statutes § 316.193, it is illegal to operate a car while under the influence of alcohol or drugs. These substances will affect a driver’s reaction and judgment while behind the wheel.
Impaired driving also includes driving while fatigued, which results in similar conditions to drunk driving, with slowed reaction times and poor judgment.
- Unsafe Lane Changes and Turning Accidents
As stated, bicycles are afforded the same rights and responsibilities as any other vehicle using the road. However, when drivers fail to check for bicyclists when changing lanes or making turns, the bicyclists will suffer. Drivers should check for riders before making right turns into the path of a cyclist, as well as checking for oncoming cyclists when making a left turn.
- Defective Products
Like any mechanical device,defective parts could be a contributing factor. Just as with cars, tire and brake failures can lead to injuries for the rider. Manufacturers are responsible for the products they sell, but mechanics can also share in the fault if they failed to make necessary repairs.
Almost all accidents involving bicycles involve some form of negligence, which a bicycle accident attorney in Fort Lauderdale can help you determine.
Types of Bicycle Accidents We Have Handled in Fort Lauderdale
The negligent behaviors demonstrated above often lead to the following types of accidents:
- Right-Turn, Left-Turn, and Intersection-Related Collisions
Oftentimes, a motorist will attempt to cross lanes and end up crossing in front of a bicyclist’s path at a driveway, alley, or other intersection. In these cases, a bicyclist has already entered an intersection, and the driver of a vehicle does not see the bicyclist and crashes into them.
- Rear-End Crashes
Many drivers simply drive too close to bicyclists who are on roadways. These accidents can occur at stop signs or red traffic lights when a motorist is too close to a bicyclist and must stop quickly.
- Dooring Incidents
Most often, these accidents occur where there is an overlap between heavy traffic and bicycle use, such as on Las Olas Boulevard, where patrons and tourists shop and enjoy fine dining. The driver fails to check for cyclists and causes them great harm when they open their car door into their path.
- Sideswiping Accidents
When a car does not maintain the legally required 3-foot separation between itself and the bicycle rider, the motorist may strike the bicycle rider with the side of their car. It is always the responsibility of a driver to ensure that there are no bicyclists near their vehicle as they pass and change lanes.
- Hit-and-Run Cases
Drivers are required to stop and render aid in any accident that results in injury, death, or property damage, perFlorida Statutes § 316.062. Leaving the accident scene is illegal, but sadly, this happens frequently. If a driver fled, the victim may still be able to locate the negligent driver and have options for financial recovery.
If you are a victim of a hit-and-run incident, our Fort Lauderdale bicycle accident lawyer can help protect your rights and guide you through your legal options. In some cases, even a partial or full license plate from a hit and run can be enough to help identify the driver and strengthen your claim for compensation.
- Single-Bike Crashes Due to Road Defects or Obstructions
If the road was poorly maintained, the cyclists may have grounds to pursue compensation from the municipality. Examples of poor maintenance can include:
- Potholes
- Uneven asphalt
- Debris
- Poor signage
- Poor drainage
- Overgrowth covering signs
A Fort Lauderdale bicycle accident attorney from the Law Offices of Wolf & Pravato can examine the circumstances of your accident and determine how the accident occurred and who is responsible.
Injuries Suffered and the Damages You May Recover
The size difference between your average passenger car (between 2600 to 5000 pounds) and that of a cyclist can result in a serious accident at any speed. Bicycle riders may experience catastrophic injuries when struck by a moving vehicle and hitting the ground. These injuries may include:
- Broken bones
- Facial injuries
- Traumatic brain injuries (TBI)
- Road rash
- Internal injuries
- Spinal cord and nerve damage
- Ligament and joint damage
If a car or truck strikes you, you may suffer from these serious and life-threatening injuries. Thankfully, Broward Health is a level one trauma center equipped to handle these and other serious injuries. However, medical care costs are often very high, and recovery may last for months, years, or remain permanent.
As a bicycle accident victim, you have the right to seek compensation for the injuries and losses you have suffered. The bicycle accident lawyers in Fort Lauderdale with our law firm can help you pursue the following types of damages:
Non-Economic Damages: Impact on Your Quality of Life
Non-economic damages are often the hardest for injury victims to understand and quantify. Often overlooked, these losses represent the impact the accident has had on your quality of life. They typically include such items as:
- Pain and suffering
- Emotional distress/mental anguish
- Loss of enjoyment of life
- Disfigurement and scarring
- Disability
Our law firm understands the impact a bicycle accident will have on a victim, and we know the formulas and protocols the insurance companies and courts use to determine the value of your non-economic damages. We use that knowledge to ensure your personal injury claim includes a fair settlement value for these losses.
Economic Damages: Financial Losses
A bicycle accident will also place a great strain on your and your family’s financial stability. Following a bicycle accident, you can seek compensation for such losses as the following:
- Medical bills: You can seek compensation for emergency medical attention, hospital stays, surgeries, and medications.
- Ongoing healthcare: You may also request compensation for any physical therapy and rehabilitation, in-home nursing, and domestic services.
- Modifications and transportation: If you require home and vehicle modifications, transportation to doctor’s appointments, or medical devices, these too may be included in your demands.
- Lost income: You may recover lost wages and benefits while you are recovering, including bonuses and tips.
- Reduced earning potential: If you suffer long-term or permanent injuries that impair your ability to work or prevent you from returning to your job, our Fort Lauderdale bicycle accident attorneys can help you secure the difference between your current income and your new income.
- Property damage: You can seek compensation for the repair or replacement of your bike and any personal effects damaged in the accident, such as cell phones and protective gear.
Our legal team will conduct a thorough investigation and determine your full range of losses to include in your bicycle accident claim.
Wrongful Death: Compensation for the Family
It is regrettable that in some instances, victims of bicycle accidents are killed. If you have lost a loved one, please accept our condolences. TheFort Lauderdale wrongful death attorneys with our law firm can help you seek compensation for the following:
- Pain and suffering
- Loss of protection, companionship, and guidance
- Final medical expenses
- Funeral and burial costs
- Loss of financial support
- Loss of domestic support
We know that money cannot replace your loved one, but pursuing a wrongful death claim can help your family find some stability and justice following your tragic loss.
Call the Law Offices of Wolf & Pravato today for a free case consultation at (844) 643-7200. We can explain who may file and who may benefit from your family’s wrongful death claim.
Why Choose the Law Offices of Wolf & Pravato for Your Bicycle Accident Claim
You do not need to fight for compensation on your own. A bicycle accident injury lawyer in Fort Lauderdale from the Law Offices of Wolf & Pravato can help with your claim.
Legal Representation You Deserve
For over two decades, we have served the clients in Fort Lauderdale and South Florida. We understand the local communities and areas where people bike, whether it is in Synder Park or along the beach on A1A. We can provide you and your family with the personalized attention your case needs. Our caring and attentive staff has over 75 years of combined legal experience and can make sure you understand your legal options moving forward. No matter how complicated your case is, we’ll be there for you and keep you updated throughout the legal process.
Contingency Fee Basis—No Win, No Fee
We operate on a contingency-fee basis. In this type of arrangement, clients do not pay their lawyer up front or hourly. Instead, the lawyer’s attorney fees come as a percentage of the client’s settlement offer or court award when they win their case. If the client does not win their case, they are not obligated to pay attorney fees.
Record of Outstanding Results and Peer Recognition
With over 5,000 cases won, we have securedover $200 million in personal injury settlements for our clientele. In addition to our 5-Star Google Reviews from our past clients, we have also been recognized by our peers for our success. We are
- Lifelong member of the Multi-Million Dollar Advocates Forum, which is reserved for trial attorneys who have won multi-million dollar trial verdicts
- Rated 10 Best Law Firm in Florida for Client Satisfaction from the American Institute for Personal Injury Attorneys in 2020
- Senior Attorney Richard Pravato is the only Florida Board Certified member in Civil Litigation at the law firm.
If you have suffered injuries and would like to discuss your options, call us today. The initial consultation is always free.
How We Help You After a Bicycle Accident in Fort Lauderdale, FL
In many bike accidents, the driver is often at fault. However, you will need to prove that the motorist was negligent, that their negligence led to the accident, and that the accident caused your injuries. We present negligence through thesefour connecting elements:
- Duty of care: The driver has a legal obligation to follow traffic laws and regulations, ensuring you both share the road safely.
- Breach of duty: The driver, whether through their action or inaction, has violated their legal obligations, placing you, as a bicycle rider, in danger of injury.
- Causation: The driver’s actions result in an accident where you are struck and suffer injuries.
- Damages: The accident has left you with financial losses, physical injuries, and emotional trauma, for which you can seek compensation.
It is not enough that you state the driver struck you. We must collect evidence that demonstrates each of the four elements of negligence. Typically, evidence in a bicycle accident case would include such items as the following:
- Police report from the Fort Lauderdale Police Department or the Broward Sheriff’s Office
- Medical records and bills from Broward Health or the facility where you are receiving treatment
- Pay stubs and financial records
- Photographs of the accident scene, as well as your injuries and the vehicles
- Video from traffic cameras, surveillance footage, and dash cams
- Physical evidence, like skid marks and damaged property
- Witness statements
- Expert witness testimony, such as a doctor’s prognosis and accident reconstruction
You may even use a journal of your recovery as proof of the accident’s impact on your life. But compiling this evidence and developing a claim, though, may be unrealistic. Instead, you should be focused on your recovery and could benefit from the services of a personal injury law firm.
A Fort Lauderdale bicycle accident lawyer from the Law Offices of Wolf & Pravato can help you in several ways. Our services include:
- Providing legal guidance from day one throughout the claim process
- Investigating the accident and collecting relevant information and evidence
- Determining your damages and a fair settlement value
- Filing your insurance claim and personal injury lawsuit on time
- Communicating with the other parties in your case
- Dealing with the insurance companies, their adjusters, and attorneys
- Conducting settlement negotiations
- Representing you in trial if we cannot reach a fair settlement
Plus, if we find that multiple parties may be at fault in your accident, we will file claims with each insurer, seeking maximum compensation for your losses.
Statute of Limitations and Comparative Negligence in Bicycle Accident Cases
In addition to the laws regarding bicycles, there are two statutes you should be aware of that can affect your personal injury claim:
You Have Two Years to File a Lawsuit
When seeking compensation for your injuries in a bicycle accident, you must file your lawsuit with the Broward County Courts within two years, perFlorida Statutes § 95.11, with the deadline beginning on the date of the accident. For wrongful death cases, the deadline begins on the day your loved one died.
If you miss the deadline, the courts will bar your case, no matter how strong your evidence is. This, in turn, will affect your negotiating posture with the insurance companies. Without a lawsuit as leverage, they will not be compelled to negotiate, and you will be left with whatever they decide your case is worth.
Your Actions May Affect Your Settlement Value
Florida follows a modified comparative negligence rule, perFlorida Statutes § 768.81. Under this law, a party’s actions, represented as a percentage of fault, will reduce the amount of compensation they may receive. If a claim is valued at $100,000, but you are said to be 30% at fault for your injuries in the accident, your settlement value would be reduced to $70,000.
Also, if your degree of fault is greater than 50%, then you are barred from any compensation.
How We Protect You
Insurance companies are aware of both statutes and may try to exploit them for their benefit. They may delay your claim in the hopes that the statute of limitations expires or try to place a greater degree of fault on you to devalue or deny your claim.
If you contact us early enough, though, we can protect your rights. We can protect your right to sue and counter their arguments of fault with the evidence we gather. Plus, your prompt action also has the added benefit of allowing us to secure and preserve evidence before it is lost and destroyed.
Read What Past Clients Have to Say
We have received many accolades and glowingtestimonials from our clients, like:
- “I would highly recommend Wolf & Pravato. The whole team was highly professional and helpful. They kept me informed ever step of the way. That actually make you realize you are not just a number but a member of their family that they care what happens with your case. Thank You Richard Pravato and Betsy for all you have done to make this as painless as possible” — D.T.
We invite you to read more and discover why clients say we give lawyers a good name.
Connect With a Fort Lauderdale Bicycle Accident Lawyer Today
At the Law Offices of Wolf & Pravato, we help bicycle accident victims in Fort Lauderdale take on the parties responsible for their injuries and losses. Our services let you concentrate on healing while we gather evidence and pursue a settlement on your behalf.
If you were injured, call us at (844) 643-7200 or complete our online form. Learn how our Fort Lauderdale bicycle accident attorneys can help during a free case consultation.
Fort Lauderdale Bicycle Accident FAQs
What should I do immediately after a bicycle accident in Fort Lauderdale?
If your injuries permit, immediately after a bicycle accident, you should do the following:
- Call 911 and wait for the police to create an accident report.
- Collect contact and insurance information.
- Take photos and video.
- See a doctor and follow their treatment plan.
Then, contact our law firm and let us speak with the insurance companies.
What if I wasn’t wearing a helmet—can I still file a claim?
Yes, you can, but the insurance companies may try to reduce your settlement value if you have head injuries. Remember, if you are 16 or older, you are not required to wear a helmet.
How long do I have to take legal action?
In most cases, you generally have two years. Some exceptions may shorten or extend, known as toll, the deadline. We advise consulting our law firm to understand which exceptions apply to your case.
How long will my bicycle accident case take to be resolved?
Many factors can affect how long it will take for your claim to be resolved, such as:
- The severity of your injuries and the time to recover
- Questions regarding liability, especially if multiple parties are involved
- The willingness of the insurance companies to negotiate
A bicycle accident lawyer in Fort Lauderdale can explain more.
What if the driver fled the scene?
It may be possible to still identify the driver and file a claim with their insurer, but we must be prepared to seek alternative options. You may be able to seek compensation through your personal injury protection (PIP), uninsured/underinsured (UM/UIM), or health insurance policy. We can review your options with you.
Will insurance cover all of my expenses?
It depends on the policies and coverage available and whether your injuries met the serious injury threshold. For example, PIP only covers a portion of medical expenses and lost income. If you meet the serious injury threshold, you can pursue further losses, including pain and suffering.