Bicycle Accident Cases are More Complex Than You Think

When a car hits a bicyclist, and the cyclist is injured, it sometimes seems like that’s a pretty easy case. After all, cyclists are vulnerable, and car drivers are supposed to be responsible for looking out for both pedestrians and bicyclists. But there are more issues than you may think, in accidents that involve bicyclists and car drivers.

Initial PIP Insurance

One thing that many cyclists who are hit by cars often have a hard time with initially, is the law that says that their own personal injury protection (PIP) insurance, must pay for the cyclist’s medical bills and lost wages.

Yes, it’s true, you weren’t even hit while in a car. And yes, it’s true, you may not have even been at fault. But as for the initial PIP, which will pay for $10,000 of your initial medical expenses, you must go through your own insurance. The only exception is if you have no insurance because you don’t have an insurable vehicle, in which case, you can go through the negligent driver’s PIP.

But for compensation beyond the minimum provided by PIP, you will need to make a liability claim against the other driver.

Rules of the Road

Many people don’t understand the rules of the road when it comes to bicyclists. So when a bicyclist is hit by a car driver, it can lead to finger pointing as to which person, cyclist or car driver, had the right of way, or which was the one breaking the law, and thus, causing the accident.

Cyclists do have the right to use the roadways the way cars do, but also, must then abide by all traffic control signals that cars must abide by. Cars passing cyclists on the road, must give them 3 feet of space at a minimum. Cyclists must ride with, not against, the flow of traffic.

If there are dedicated bicyclist lanes, they must be used, unless the cycle is going at the same speed as traffic. If there are no lanes, cyclists must hug the right side of the road as much as they can.

Last Clear Chance

It’s important to remember that regardless of who is technically right as far as who did what on the roads, the law is also concerned with who had the last clear chance to avoid the accident. In other words, even if a cyclist was breaking a law or riding where he or she should not have been riding, the car driver still has a legal obligation to look out for, and avoid, other cyclists.

Helmet Laws

There are no mandatory helmet laws for adults riding bicycles but there are for minors. But regardless of the law, that doesn’t mean that a negligent driver can’t use your lack of a helmet against you—they can. For example, they might argue that your injuries were made worse or that they would have been lessened, if you had been wearing a helmet.

Overcoming Prejudices

In court, a jury likely has the same experience that you may have had, as a Florida driver: many cyclists don’t seem to follow the rules of the road. That stereotype can lead to a jury walking into court, being highly suspect of a driver injured by a car. Many of us in fact, are more likely to have been in the position of almost hitting a cyclist in our cars, as opposed to being a cyclist that is almost hit.

That is a prejudice that must be overcome by a bicyclist seeking compensation for injuries.

Schedule a consultation with our Tampa personal injury lawyers at Barbas, Nunez, Sanders, Butler & Hovsepian today for help after your injury or accident if you have been injured on a bicycle.

Sources:

floridabicycle.org/bicycle-traffic-law

flhsmv.gov/safety-center/driving-safety/share-the-road/