Bicycle Accident Claims: How Florida’s Comparative Negligence Law Affects Your Case

Tampa Bay's growing network of bike lanes and trails has made cycling more popular than ever, but it's also brought more cyclists into contact with cars, often with serious consequences. If you've been hit while riding your bike, understanding how Florida's comparative negligence law works can help you know what to expect from your claim.

How Comparative Negligence Works

Florida follows a modified comparative negligence rule, meaning that fault in an accident can be divided between multiple parties, and your compensation is reduced by whatever percentage of fault is assigned to you. If you're found more than 50% at fault, you're barred from recovering compensation at all.

For cyclists, this often plays out in disputes over questions like: Was the cyclist riding with traffic, as required by law? Did they have proper lighting if it was dark? Were they in a marked bike lane or riding on the road appropriately? Insurance companies representing drivers frequently look for any angle to shift blame onto the cyclist, since every percentage point of fault reduces their payout.

Common Causes of Bicycle Accidents

• Drivers failing to check for cyclists before turning or opening a car door
• Drivers passing too closely
• Distracted driving
• Failure to yield at intersections
• Poor visibility conditions, especially at dawn, dusk, or night

Injuries Are Often Severe

Like motorcyclists and pedestrians, cyclists have little protection in a collision with a vehicle. Injuries frequently include fractures, road rash, head injuries, and in serious cases, permanent disability. Even accidents that seem minor at the scene can result in significant medical bills once the full extent of an injury becomes clear.

Steps to Protect Your Bicycle Accident Claim

• Seek medical attention right away, even for injuries that seem minor
• Document the scene with photos, including your bike, the vehicle, and any relevant road markings or signage
• Get the names and contact information of witnesses
• Request a copy of the police report
• Avoid posting about the accident on social media before speaking with an attorney

What Compensation May Cover

A successful bicycle accident claim can help cover medical expenses, bike repair or replacement, lost wages, and pain and suffering, along with future costs if you're left with lasting injuries.

Injured While Cycling? Contact Hartpence Law

Hartpence Law has helped cyclists throughout St. Petersburg, Clearwater, and the greater Tampa Bay area fight back against insurance companies that try to unfairly shift blame. We handle these cases on a contingency basis, so there's no cost to you unless we recover compensation on your behalf. Contact us today for a free consultation.

This article is for informational purposes only and does not constitute legal advice. Every case is different, and you should speak with a licensed attorney about your specific situation.