If you were hit while riding your bike, you’re probably asking a lot of questions right now—starting with whether you can take legal action. In Florida, the answer is yes: you may be able to sue the driver who caused the crash.
Bicyclists have the same rights on the road as motorists. When a driver fails to respect those rights and someone gets hurt, the injured cyclist may be entitled to compensation. This applies even if the injuries seem minor at first—they often turn out to be more serious than expected.
The legal system doesn’t guarantee results, but it does give you a pathway to seek recovery. That might include payment for medical treatment, lost wages, pain and suffering, and other damages depending on the specifics of your case—such as long-term medical needs, permanent disability, or the emotional toll of the accident.
By pursuing a claim, you not only seek financial compensation but also hold the at-fault driver accountable for their negligence, which can help prevent similar harm to others in the future.
If you’ve been injured in a bicycle accident, calling Englander Peebles at (954) 500-4878 is a smart first step. The consultation is free and comes with no obligation.
Our personal injury attorneys are ready to listen, answer your questions, and help you make informed decisions about your rights and recovery. Early legal guidance can make a significant difference, especially when it comes to preserving evidence, meeting deadlines, and responding to insurance company tactics.
Florida’s Legal Framework for Bike Accidents
Under Florida law, bicycles are treated as vehicles. Drivers have a legal duty to share the road and operate their vehicles safely around cyclists. When they don’t—and a crash happens—injured cyclists may have the right to file a personal injury claim.
To prove liability in a bike accident case, four elements are required: duty of care, breach of duty, causation, and damages. These elements form the legal foundation of a negligence claim. Even if the driver didn’t intend to cause harm, their failure to follow traffic laws or pay attention behind the wheel may be enough to hold them legally responsible.
Florida law applies equally to all vehicles on the road, including bicycles. That means cyclists must also follow rules like stopping at red lights and using proper lighting at night. But when drivers violate these same rules and injure someone, liability often follows.
Common Scenarios That Lead to Bicycle Accident Lawsuits
Certain types of driver behavior are known to put cyclists at greater risk—especially in congested areas like downtown Fort Lauderdale, Little Havana, and along A1A in Miami Beach. These incidents often stem from careless or unlawful driving and can form the foundation of a strong personal injury claim.
Right Turn Conflicts (Right Hooks)
Drivers turning right across bike lanes or shoulders often collide with cyclists traveling straight. These crashes tend to occur at intersections like Sunrise Boulevard and Federal Highway in Fort Lauderdale, where traffic signals may not include designated bicycle crossings. A cyclist has the right of way in most of these situations, but many drivers fail to check blind spots or signals.
Dooring Incidents
In urban districts like Wynwood or Las Olas, where street parking is tight, drivers and passengers sometimes open doors into the path of an oncoming cyclist. This sudden barrier offers little time to react and frequently leads to serious injury. Florida law holds vehicle occupants responsible for checking before opening doors into traffic, including bike lanes.
Failure to Yield at Intersections
When drivers don’t yield at crosswalks or stop signs—particularly in neighborhoods with mixed traffic like Coconut Grove or Victoria Park—they risk striking cyclists legally crossing the road. These types of violations are clear examples of negligence under Florida traffic law and often involve both vehicle code and right-of-way violations.
Distracted Driving
From texting and driving on Biscayne Boulevard to checking navigation apps in downtown Hollywood, distracted drivers frequently miss seeing cyclists in bike lanes or crossing roads. Even momentary distraction can lead to a serious impact, and phone records, app usage, or eyewitnesses may help prove liability in these cases.
Speeding and Aggressive Driving
Aggressive behavior—tailgating, rapid lane changes, or speeding through intersections—puts cyclists at significant risk, especially on high-speed corridors like US-1 or I-595 access roads. These cases often involve multiple traffic violations and may support claims for both compensatory and punitive damages.
Regardless of how the crash happened, strong documentation makes a difference. Evidence such as:
- Witness statements
- Dashcam or surveillance footage
- Photographs of the scene and damage
- Police citations issued at the scene
Understanding how these accidents happen—and gathering the right evidence early—can make all the difference when it comes to proving fault and pursuing full compensation in a bicycle injury claim.
What Happens If the Driver Blames You?
It’s not unusual for drivers to argue that the cyclist caused or contributed to the crash. Fortunately, Florida follows a modified comparative fault system. Even if you were partially at fault (but not more than 50%), you may still recover compensation, though your damages will be reduced by your percentage of fault.
Comparative fault often comes into play in cases involving unclear intersections or situations where the cyclist may not have used a designated lane. Even then, the driver must show proof of the cyclist’s responsibility. That’s why documentation—video evidence, photographs, GPS data, and witness reports—can make or break your case.
Insurance companies routinely try to shift blame to reduce payouts. An experienced accident and injury lawyer will understand these tactics and help prepare counterevidence to challenge exaggerated or unfounded claims.
What You Might Recover in a Bicycle Accident Claim
Every accident is different, but most bicycle accident lawsuits involve both economic and non-economic damages. Depending on the situation, your claim could include:
Economic Damages
- Medical Bills
- Lost Income
- Loss of Earning Capacity
- Property Damage
These financial damages are typically supported by documentation—hospital invoices, pay stubs, and repair receipts.
Non-Economic Damages
- Pain and Suffering
- Mental Distress
- Loss of Enjoyment
Non-economic damages are more subjective but just as real. A cyclist who can no longer ride recreationally or struggles with chronic back pain from the crash may be entitled to compensation for the reduced quality of life.
Punitive Damages
If the driver acted with gross negligence or intentional misconduct—such as driving under the influence—punitive damages may be available, subject to Florida’s statutory requirements. These are meant to punish bad conduct and deter similar behavior in the future.
Calculating damages accurately is critical. A qualified personal injury lawyer can help estimate both current and future losses and work with medical experts to support your case.
Insurance Claim or Lawsuit: What’s the Difference?
After a bike accident, most injured cyclists first deal with insurance. That could be your own PIP (Personal Injury Protection) policy or the at-fault driver’s liability coverage. While this is often the first step, it doesn’t always lead to full compensation.
Filing an Insurance Claim
Insurance claims are typically faster but more limited. Florida’s no-fault system means your PIP policy may cover some of your medical bills and lost wages—up to $10,000. Not all cyclists will have PIP coverage; it generally only applies if the injured cyclist or a relative they live with has an active auto insurance policy.
However, serious injuries often exceed that cap, and PIP does not cover pain and suffering. To recover for pain and suffering and other non-economic damages in a motor vehicle accident, Florida law generally requires that the injured party meet the serious injury threshold.
You can also file a claim with the driver’s insurance company. If they accept fault, they may offer a settlement. But insurers are in the business of protecting their bottom line. It’s common to receive lowball offers or have valid claims denied.
When a Lawsuit Makes Sense
If the insurer refuses to offer a fair settlement or denies liability altogether, filing a lawsuit may be your next move. A personal injury lawsuit allows you to:
- Pursue full compensation beyond policy limits
- Include non-economic damages like physical and emotional hardship
- Compel evidence through legal discovery
- Involve medical and accident reconstruction experts
Legal action also pressures insurers to take your claim more seriously.
Time Limits: How Long Do You Have to Sue?
Florida law gives injured cyclists two years from the date of the accident to file a personal injury lawsuit. This two-year statute of limitations reflects recent changes under House Bill 837, which went into effect on March 24, 2023.
Prior to this change, injured parties had four years to file a negligence-based claim. If your accident occurred before that date, the longer time frame may still apply, depending on the specific facts and timing of your case.
Regardless of which timeline applies, the statute of limitations is strict. Missing the deadline could result in losing your right to compensation, no matter how strong your claim may be.
There are a few exceptions, such as if the injured person was a minor at the time of the crash or if the at-fault party left the state. The best course of action is to consult a South Florida accident attorney as soon as possible to determine which deadline applies and preserve your rights.
Preserving evidence becomes harder over time. Traffic camera footage may be erased. Witnesses may forget key details. Medical records could get buried under months of treatment. Acting quickly improves your case’s strength and credibility.
After the Crash: What to Do Once You’re Home
When you’re back home and beginning to recover, there are a few practical steps that can support your case down the road:
- Photograph Everything: Injuries, bike damage, helmet dents, road rash—document it all, and keep taking photos as you heal.
- Keep a Recovery Journal: Write down how you feel daily—physically and emotionally. This helps demonstrate pain and suffering.
- Track Expenses: Include not just medical bills, but mileage to appointments, out-of-pocket medication, and even bike repair costs.
- Be Cautious with Communication: Don’t give recorded statements to the driver’s insurance company without legal advice.
- Stay Off Social Media: Avoid posting anything about your health, your activities, or the accident. Insurance companies monitor posts.
These small steps make a big impact. Organized documentation strengthens your claim and gives your attorney more tools to work with.
Why South Florida Cyclists Face Higher Risks
While every bicycle accident is unique, certain regional factors make riding in South Florida particularly hazardous—and understanding these risks is crucial when evaluating liability and building a strong legal claim.
Heavy Traffic in Urban Areas
Cycling in South Florida comes with increased exposure to several roadway hazards, and unfortunately, Florida consistently reports some of the highest bicycle fatality rates in the country.
Cities like Miami, Fort Lauderdale, and West Palm Beach see dense traffic on a daily basis, which leaves little margin for error. Narrow roadways and frequent congestion force cyclists into close proximity with fast-moving vehicles. This creates an environment where one poor judgment—by a driver or cyclist—can lead to serious consequences.
Inadequate Bicycle Infrastructure
Infrastructure is another challenge. Many streets lack dedicated bike lanes or proper signage, especially in older neighborhoods. Even where bike lanes exist, they may be poorly marked or obstructed by parked cars.
For example, areas like North Miami or central Fort Lauderdale often feature minimal separation between cyclists and heavy traffic, particularly on roads like NE 4th Avenue or Broward Boulevard.
Driver Distraction
Distractions are a constant threat as well. Whether it’s tourists trying to navigate A1A with unfamiliar GPS apps or local drivers checking messages while stopped at a light, attention can drift quickly. That lapse is all it takes for a driver to miss a cyclist in a blind spot or fail to yield when turning.
Challenging Weather Conditions
Add to that South Florida’s weather—sun glare, afternoon downpours, and slick roads—and the risks compound. Wet pavement can reduce traction, while glare can blind both cyclists and drivers during early morning or late afternoon rides.
Legal Relevance of Local Factors
These local conditions provide valuable context in a legal claim. An attorney familiar with Fort Lauderdale intersections or known crash hotspots like the Rickenbacker Causeway or Miracle Mile can use that insight to help support your version of events and establish fault.
Understanding the physical and cultural landscape of South Florida makes a difference when proving what went wrong and why it happened.
FAQ for Can You Sue Someone for Hitting You on a Bike?
Can I sue a driver if I was partly at fault for the accident?
Yes. Florida’s comparative fault law allows lawsuits even when the injured person shares some blame. The payout is reduced based on fault percentage.
What kind of evidence helps prove fault in a bike accident lawsuit?
Traffic camera footage, photos of the scene, medical records, witness statements, and police reports are all helpful.
What if the driver fled the scene after hitting me?
You may still qualify for compensation through your uninsured motorist policy or state crime victim programs. An attorney can help you explore those options.
Do I need to go to court to win compensation?
Not necessarily. Many claims settle before trial. But if the insurer refuses a fair payout, filing a lawsuit becomes the next step.
What is the deadline to file a bicycle accident lawsuit in Florida?
Two years from the date of the accident.
How much does it cost to talk to a bike accident attorney?
At Englander Peebles, consultations are free. Legal fees come out of any compensation you receive.
Let Us Fight For You: Talk to a Bike Accident Lawyer in Fort Lauderdale
Cyclists who have been injured in crashes deserve answers, and you don’t have to deal with the insurance company alone or accept less than you may deserve. At Englander Peebles, we help riders across Fort Lauderdale, Miami, and all of South Florida move forward with confidence.
If you’ve been hit while riding, our legal team is ready to answer your questions, explain your rights, and help you explore next steps—without pressure or obligation. Legal action isn’t just about money. It’s about accountability, recovery, and peace of mind.
Call (954) 500-4878 today for a free consultation and learn how we may be able to support your recovery.