Florida law protects your rights after a car collision with regular bicycles and electric bicycles
The following information explains your legal rights under Florida bicycle and e-bike laws.
What Do Florida Bicycle and E-Bike Regulations Say About Cyclist Rights?
Florida bicycle and e-bike regulations establish the rules that apply to your situation.
Bicycles fall under vehicle classification under Florida Statutes §316.2065. Every driver on the road including traditional bicycle riders and electric bicycle operators share equal rights and responsibilities under Florida law. Knowledge of these rules helps cyclists maintain safety while preserving their legal protections.
Current regulations include the following essential provisions:
- Every cyclist must travel against the direction of traffic
- Cyclists need to ride in designated bike lanes if these facilities are available and safe for travel
- The law requires a white front light together with red rear light usage for night cycling (Fla. Stat. §316.2065(7))
- Under Florida law cyclists younger than 16 must wear helmets during their ride
What Are the Legal Requirements for Electric Bikes in Florida?
The Florida state government established a classification system for electric bicycles.
- The law permits Class 1 and 2 e-bikes to use pedals or a throttle for a maximum speed of 20 mph
- Class 3 electric bicycles operate through pedal assistance with a maximum speed of 28 mph
- Class 3 e-bike riders must achieve age 16 and always wear safety helmets
The majority of bike lanes accept electric bicycles, yet municipalities reserve the right to restrict e-bike access to sidewalks and shared-use paths. The Florida Statute §316.003(23) allows local authorities to establish rules for e-bike sidewalk usage when pedestrian safety becomes a concern.
What Should You Do Immediately After a Bicycle Collision?
Your safety and legal protection depends on the first steps you take after becoming a victim of a vehicle collision. Follow these procedures:
- You need to reach a secure position outside traffic to prevent additional injuries
- Call 911: Always report the crash, even if you feel fine. Medical documentation from emergency responders together with police reports function as crucial evidence
- Get the driver’s contact details together with their license plate number and insurance information
- Document everything by taking images of the scene along with the vehicle and your bike and injuries
- Request contact details from any observers present at the accident scene
Florida Statutes §316.027 requires drivers to stay at accident scenes and help injured parties. The flight of a driver who leaves the scene will trigger hit-and-run charges which could lead to felony convictions.
How Is Fault Determined in Bicycle-Car Collisions in Florida?
Under Florida law §768.81 the state adopts comparative fault principles. Your compensation amount will decrease based on your percentage of fault when you receive partial responsibility for an accident. Even though cyclists maintain fault in the incident they can still receive compensation for their damages.
Examples of driver negligence include:
- Failing to yield when turning
- Speeding or running a red light
- Distracted driving (e.g., texting)
- Opening a car door into a cyclist’s path
Your attorney will need to collect medical documents alongside accident reports and possibly surveillance footage to establish driver responsibility.
What Injuries Are Most Common When Cyclists Are Hit by Vehicles?
Cyclists face increased danger during crashes because they lack protective equipment. According to the National Highway Traffic Safety Administration (NHTSA), bicyclists suffer over 1,000 fatalities and more than 130,000 injuries annually in U.S. traffic accidents. Common injuries include:
- Traumatic brain injuries (TBI), even with a helmet
- Spinal cord damage
- Fractured ribs, clavicles, and limbs
- Internal bleeding
- Severe lacerations and road rash
The treatment of serious injuries demands surgical procedures and rehabilitation alongside prolonged medical care. The rapid accumulation of medical expenses together with insurance companies’ efforts to reduce payments becomes challenging when patients lack experienced injury lawyers to represent them.
How Does Florida Law Treat Electric Bike Riders in Injury Cases?
The law regulates electric bicycles through bicycle statutes except when their speed exceeds Class 3 limits. Insurance companies and opposing attorneys make separate arguments regarding how high-speed e-bikes should be treated by the law since they may view them as more like motorcycles.
The unclear nature of this legal space makes it hard to negotiate particularly when:
- You were operating a Class 3 e-bike while not wearing a helmet
- You used the sidewalk within a boundary where local laws prohibit motorized vehicles
Having both expertise in traffic law and knowledge of evolving e-bike regulations is vital for a car accident attorney who wants to understand these complexities.
How Can a Personal Injury Attorney Help You?
Legal representation functions as your most effective tool regardless of which bicycle type you ride. Dennis Hernandez Injury Attorneys has obtained millions and millions in compensation for clients who suffered injuries from traffic accidents. Our firm takes complete responsibility for handling all aspects of your case:
- Investigating fault and collecting evidence
- Managing communication with insurers
- Coordinating medical records and expert testimony
- Filing claims under Florida’s no-fault insurance (PIP)
- Litigating in court if needed
“We fight to get you paid!”
Your attorney will investigate every possible compensation source including:
- Medical expenses (current and future)
- Lost wages and reduced earning potential
- Pain and suffering
- Loss of quality of life
What Does Florida’s No-Fault Insurance System Mean for Cyclists?
Florida’s no-fault insurance system with PIP coverage stands as one of the main points for discussion.
Every driver in Florida must purchase Personal Injury Protection (PIP) as a result of being classified as a no-fault state. Under Florida law, PIP insurance coverage extends its protection to cyclists and pedestrians who become victims of motor vehicle accidents. The insurance policy of either you or the driver can provide up to $10,000 worth of medical expenses and lost wages coverage.
The amount of insurance coverage might not be sufficient to handle serious injuries. The driver must face liability claims or personal injury lawsuits for this purpose. The Florida Statutes §627.737 allows liability claims outside PIP coverage for permanent injuries and for significant and permanent bodily function loss and scarring or disfigurement.
When Is the Deadline to File a Bicycle Accident Injury Claim?
The time limit to file a personal injury lawsuit according to Florida Statutes §95.11 extends to two years from the crash date, reduced from four years based on 2023 legislative changes. Every wrongful death claim requires submission to the court before the two-year deadline expires. Your ability to receive compensation will become permanently cut off if you fail to meet this deadline.
Your legal team needs this quick response to maintain evidence while collecting witness statements and medical expert statements that prove your injuries.
Does Not Wearing a Helmet Affect Your Right to Compensation?
The absence of a helmet during the accident does not prevent you from being held responsible.
Florida does not require helmet use for adults, but insurance companies will still use lack of helmet as a defense against you. They may argue that a helmet would have reduced the severity of your injuries. Your compensation might decrease due to comparative fault.
Your rights remain valid even when you bear partial responsibility for the accident. A qualified injury lawyer can counter claims of contributory negligence to protect your complete entitlement to benefits.
Can You Still Get Compensation if the Driver Was Not Cited?
Yes. The driver’s lack of citation does not imply they were not responsible for negligence. The lack of traffic citations occurs because of confusing circumstances at accident scenes. Civil cases require less evidence than criminal offenses to prove their claims.
The right combination of investigation together with medical documentation and legal support allows you to recover your damages. The evidence determines your claim’s validity instead of the traffic ticket status.
Why Choose Dennis Hernandez Injury Attorneys?
Our team at Dennis Hernandez Injury Attorneys delivers results because they possess extensive experience with Florida personal injury law and deep understanding of the subject matter. Our team possesses the skills needed to confront insurance companies while fighting against lowball settlements and developing winning court cases.
We offer:
- Free consultations
- No fees unless we win your case
- Personalized attention from a dedicated team
- Access to medical experts and accident reconstructionists
We fight to get you paid!
