South Florida's weather makes it a year-round place to ride, and that also makes it a dangerous place to be a cyclist. When a car hits a person on a bicycle, the rider has no protection, and even a relatively low-speed impact can cause fractures, head injuries, or worse. If you or a family member was hit while cycling, here is what happens next and what protects you.
Cyclists Have Rights on the Road
Florida law generally gives a person riding a bicycle the same rights and duties as the driver of a vehicle, subject to bicycle-specific rules. That matters because drivers, and their insurers, sometimes act as though a cyclist did not belong on the road. In reality, a cyclist lawfully using the road has the right to be there, and a driver who fails to use reasonable care around a cyclist can be at fault, just as in a crash between two vehicles.
Yes, PIP Can Apply, Even Though You Were on a Bike
Like pedestrians, cyclists often assume car insurance has nothing to do with their injuries. That is frequently wrong. If you own a vehicle, your own Personal Injury Protection (PIP) generally follows you and can pay for initial medical bills and lost wages even when you are struck while cycling. If you do not own a car, a resident relative's PIP, or in some situations the PIP on the vehicle that hit you, may apply. Checking this is one of the first steps after a bicycle crash.
The Driver's Coverage Is Usually the Main Source
Because bicycle injuries are so often serious, the $10,000 PIP limit rarely covers everything. The larger recovery typically comes from the at-fault driver's bodily-injury liability coverage, which can pay for medical expenses beyond PIP, future care, lost earning capacity, and pain and suffering. If the driver had little or no insurance, or fled the scene, your own uninsured/underinsured motorist coverage can again be critical.
Who Is at Fault When a Cyclist Is Hit?
Fault is not automatic in either direction. Drivers have duties to watch for and safely pass cyclists, and cyclists have their own duties depending on where and how they ride. Facts that shape fault include:
- How the driver passed or turned, including unsafe passing or right-hook turns across a bike lane.
- Whether a bike lane, signals, or right of way were involved.
- Driver conduct, such as speeding, distraction, or failing to yield.
- Visibility and conditions, including lighting and the location of the crash.
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Watch for the "Blame the Cyclist" Argument
Expect the driver's insurer to suggest the cyclist was at fault, that you rode outside a bike lane, ran a light, or were hard to see. Under Florida's modified comparative fault rule, being partly at fault can reduce recovery by your percentage of fault, and a claimant found more than 50% at fault generally cannot recover. But that percentage is an argument, and it is frequently overstated. Do not accept the insurer's version as final.
Evidence Fades Fast in Bicycle Cases
Intersection and business cameras, doorbell footage, vehicle data, and witness memories all disappear quickly. In a serious bicycle case, preserving that evidence early can decide how fault is proven, which is a strong reason to involve an attorney promptly.
What to Do After a Bicycle Crash in Florida
- Get emergency medical care; cycling injuries can be internal and severe.
- Make sure police respond and document the driver and scene.
- Identify cameras and witnesses before they are gone.
- Preserve your bike, helmet, and gear as they were after the crash.
- Do not give a recorded statement to the driver's insurer before getting advice.
- Talk to a personal injury attorney so the coverage and evidence can be sorted out.
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