Understanding Florida Bicycle Injury Law: A Comprehensive Guide for Venice Residents

In Florida, a bicycle is legally defined as a vehicle, and bicyclists are granted the same rights and responsibilities as other motorists. However, there are certain regulations specific to bicyclists. For example, Florida law requires that bicyclists stay in a designated bicycle lane where provided. If there is no bicycle lane, bicyclists must stay to the right-hand side of the roadway, except when preparing for a left turn, avoiding hazards, or when a lane is too narrow to share with a motor vehicle.

Bicyclists are also required to use a fixed, regular seat and keep at least one hand on the handlebars at all times. In addition, bicycles ridden between sunset and sunrise must be equipped with a lamp on the front and a red reflector and lamp on the rear.

Liability in Bicycle Accident Cases

Florida follows a "pure comparative negligence" rule in personal injury cases. This means that if a bicyclist is found to be partially at fault for the accident, their compensation will be reduced by their percentage of fault. For example, if a bicyclist is found to be 30% at fault, they will only be able to recover 70% of their damages.

However, even if you share some of the blame for the accident, you should still consult with a Venice bicycle injury accident lawyer at Goldman Babboni Fernandez Murphy & Walsh. We can help you understand your rights and fight to ensure you receive the compensation you are entitled to.

Damages in Bicycle Accident Cases

Damages in a bicycle accident case can include medical expenses, lost wages, loss of earning capacity, pain and suffering, and more. In the unfortunate event of a fatal bicycle accident, the victim's family may be able to pursue a wrongful death claim, which can include damages for loss of companionship, funeral and burial expenses, and loss of future earnings.

Statute of Limitations

Florida law after the passage of HB837 now stipulates a two-year statute of limitations for personal injury claims, including bicycle accidents. This means that a lawsuit must be filed within two years from the date of the accident. Failing to do so could result in the loss of your right to claim compensation. As such, it is crucial to consult with a Venice bicycle injury accident lawyer as soon as possible after the accident.

At Goldman Babboni Fernandez Murphy & Walsh, we understand the intricacies of Florida bicycle injury law and the unique challenges bicyclists face on Venice roads. Reach out to us today for a free case review. We're here to fight for your rights and help you navigate the legal complexities of your case.

Bicycle Helmet Laws

In Florida, bicycle riders and passengers under the age of 16 are required by law to wear a helmet that meets federal safety standards. The helmet must be properly fastened with a strap and fit the rider securely. While adults over 16 are not legally required to wear helmets, doing so can significantly reduce the risk of serious head injuries in the event of an accident.

No-Fault Insurance in Florida

Florida follows a no-fault insurance system. This means that if you're injured in a bicycle accident, your own car insurance (specifically, your Personal Injury Protection coverage or PIP) may cover your medical bills, regardless of who was at fault for the accident. However, PIP coverage has limitations, and if your injuries are serious, you may need to seek additional compensation through a personal injury lawsuit.

The Role of a Bicycle Injury Lawyer

When you're injured in a bicycle accident, a Venice bicycle injury accident lawyer can provide invaluable assistance. They can investigate the accident, gather evidence, negotiate with insurance companies, and represent you in court if necessary. They can also help you understand and navigate Florida's complex bicycle injury laws, ensuring that you receive the maximum compensation to which you're entitled.

At Goldman Babboni Fernandez Murphy & Walsh, we have the experience and expertise to handle your bicycle injury case effectively. We are committed to providing our clients with personalized and compassionate representation, advocating tirelessly for their rights.

Sharing the Road: Rules for Motorists

While cyclists have their own set of rules to follow, motorists in Florida also have legal obligations when sharing the road with cyclists. For instance, drivers are required to maintain a safe distance of at least three feet when passing bicyclists on the road. Failing to do so can result in penalties and can be considered negligence in the event of an accident.

Uninsured and Underinsured Motorist Coverage

Sometimes, a bicyclist injured in an accident may face a situation where the at-fault driver is uninsured or underinsured. In these cases, the cyclist's own uninsured/underinsured motorist coverage can kick in to cover the damages. It's always advisable to discuss these details with an experienced Venice bicycle accident injury lawyer who can guide you through the complex insurance claim process.

Bicycle Accident Prevention and Safety

Prevention is always better than cure. As such, it's important for both cyclists and motorists to take steps to prevent accidents. Cyclists should always wear a helmet, use proper hand signals, and ride with the flow of traffic. Motorists should be vigilant, particularly at intersections and when turning, and always give cyclists the right of way when law dictates.

Despite these preventative measures, accidents can still occur, and when they do, Goldman Babboni Fernandez Murphy & Walsh is ready to fight for your rights.

Advocacy for Safer Roads

Apart from providing legal services, our firm also advocates for safer road conditions in Venice and throughout Florida. We support infrastructure improvements and initiatives aimed at making roads safer for bicyclists. It's part of our larger mission to serve not just our clients, but our community as well.

Your Trusted Legal Partner

Facing the aftermath of a bicycle accident can be challenging and stressful. At Goldman Babboni Fernandez Murphy & Walsh, we are committed to easing your burden and helping you through this difficult time. Our team of seasoned Venice bicycle accident injury lawyers will handle every aspect of your case, from investigating the accident and dealing with insurance companies to representing you in court, if necessary.

Remember, you don't have to navigate this journey alone. Contact us today for a free case review and let us stand by your side, fighting for the justice and compensation you deserve.

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Attorney Bernie Walsh, Serving SW Florida For Over 35 Years


Client Testimonials

Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

I hired Mr. Walsh after an automobile accident this past March. He and his entire staff were extremely professional. They kept me informed every step of the way and settled my case in a timely manner. Thank you so much for your help.


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