Bicycle crashes tend to follow a few patterns: a driver passes too close and clips the rider, a car turns right across a bike lane, a driver pulls out of a driveway without looking, or a parked driver opens a door into the rider's path. Riders are thrown onto pavement with nothing but a helmet and clothing for protection. Collarbone, wrist, and hip fractures are common, and head injuries happen even with a helmet.
The driver's first explanation is usually that the cyclist was in the wrong place. Florida's bicycle statutes, and a well-preserved record, are how that explanation gets tested.
1. Get medical care and use PIP
Get evaluated the same day, even if you rode home. A cyclist struck by a car is "not an occupant of a self-propelled vehicle," and Florida PIP covers persons struck by a motor vehicle in that position (§ 627.736(1)). Medical benefits require initial services and care "within 14 days" after the accident (§ 627.736(1)(a)).
If you own a car, your own auto insurer generally pays your PIP benefits when you are injured on a bike by contact with a motor vehicle (§ 627.736(4)(e)1.). If you do not own a car, a resident relative's policy may apply (§ 627.736(4)(e)3.), and if neither applies and you are a Florida resident, the insurer of the vehicle that hit you may owe the benefits (§ 627.736(4)(e)4.). Many riders do not realize their car insurance covers them on the bike.
“not an occupant of a self-propelled vehicle,”
§ 627.736(1)
2. Get the driver's information and a police report
A driver involved in a crash causing injury must give his or her name, address, and registration number, show a license on request, and render reasonable assistance (§ 316.062(1)). Photograph the driver's license, insurance card, and plate. Call police; a crash involving injury or any complaint of pain requires a long-form crash report (§ 316.066(1)). If the officer records only the driver's version because you were taken away by ambulance, we address that with the evidence below.
3. Preserve the bike, the helmet, and the gear
Do not repair the bicycle or replace parts. Bent wheels, a cracked frame, scrape marks, and paint transfer show where the car made contact and from which direction. Store your helmet, even if it looks fine; a cracked liner shows head impact. Keep your clothing and shoes unwashed.
Photograph your lights. Florida requires a bicycle ridden between sunset and sunrise to have a white front lamp visible from at least 500 feet and a red rear lamp and reflector visible from 600 feet (§ 316.2065(7)). If your lights were on, preserving them, along with any battery indicators, answers the claim that you could not be seen.
4. Save your ride data and camera footage
Cyclists often carry better evidence than anyone else at the scene. Export and save, in original form:
- GPS ride files from a bike computer, watch, or app, which can show speed, location, and the moment of impact;
- front and rear bike camera footage;
- photos and messages from riding companions.
Then list every traffic, business, and home camera along the route. Footage is often overwritten within days, so preservation letters need to go out quickly.
5. Know the rules the case will be measured against
Florida gives a cyclist "all of the rights and all of the duties applicable to the driver of any other vehicle," subject to the bicycle-specific rules (§ 316.2065(1)). Several rules matter in most cases:
- Passing distance. A driver overtaking a bicycle in the same lane must pass at a "safe distance of not less than 3 feet," and must stay behind until that is possible (§ 316.083(2)). The 3-foot rule also applies when the cyclist is in a bike lane (§ 316.083(3)).
- Lane position. A cyclist going slower than traffic must use a bike lane if one exists, or ride "as close as practicable to the right-hand curb or edge of the roadway," with exceptions for passing, preparing for a left turn, and avoiding hazards or a lane too narrow to share (§ 316.2065(5)(a)).
- Driver due care. Drivers must exercise due care to avoid colliding with pedestrians and riders of human-powered vehicles (§ 316.130(15)).
- Sidewalks. A cyclist on a sidewalk or crosswalk has the rights and duties of a pedestrian, must yield to pedestrians, and must give an audible signal before passing them (§ 316.2065(9) and (10)).
- Helmets. Riders and passengers under 16 must wear a properly fitted, fastened helmet meeting the federal standard (§ 316.2065(3)(d)).
“all of the rights and all of the duties applicable to the driver of any other vehicle,”
§ 316.2065(1)
“safe distance of not less than 3 feet,”
§ 316.083(2)
6. Keep your account consistent and private
Do not post about the crash or your rides while the claim is open, and do not estimate your speed to an adjuster. Training logs and social posts are routinely requested by the defense. Let the ride data speak for itself.
The Florida rules that matter
- PIP. Cyclists struck by motor vehicles are covered, subject to the 14-day rule and the priority rules in § 627.736(4)(e). Pain and suffering damages against an insured driver require an injury within one of the categories in § 627.737(2).
- Rules of the road. Sections 316.2065 and 316.083 set the cyclist's rights and duties and the 3-foot passing rule.
- Deadline to sue. An action founded on negligence generally must be filed within two years (§ 95.11(5)(a)).
- Comparative fault. Damages are reduced by your share of fault (§ 768.81(2)), and if you are found more than 50 percent at fault for your own harm, you "may not recover any damages" (§ 768.81(6)).
- Government roads and vehicles. If a government vehicle or a road condition contributed, a written claim must be presented to the agency, and in many cases to the Department of Financial Services, within the time limits in § 768.28(6)(a) before suit.
“may not recover any damages”
§ 627.736(4)(e)
Your checklist
- Get evaluated the same day and see a doctor within 14 days.
- Locate every auto policy in your household for the PIP claim.
- Photograph the driver's documents, the vehicle, and the scene.
- Store the bike, helmet, lights, and clothing without repairing or washing them.
- Export GPS ride files and camera footage in original form.
- List every camera along the route and every witness.
- Call a lawyer well before the two-year deadline.
How we handle these cases
We start with the physical and digital record: the bike, the helmet, the lights, the ride file, and the video along the route. We send preservation letters right away, resolve the PIP priority question so your bills are paid, and measure the driver's conduct against the passing, yielding, and due care rules that govern Florida roads. Josef Timlichman Law, PLLC is a Florida trial firm handling cases throughout the state, including Miami-Dade, Broward, Palm Beach, Tampa, Orlando, and Jacksonville. Meetings are by appointment only. Call 305-748-3789.
This article is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.