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Cyclists and Car Accidents: Your Rights and How to Get Compensation in Miami, Florida

by | Aug 22, 2023 | Bicycle Accident Lawyer

As Miami continues to evolve into a bustling urban center, the city has witnessed a rise in the number of bicyclists navigating its streets. Cycling is a healthy, eco-friendly mode of transportation that offers the freedom to explore Miami’s scenic neighborhoods. However, cyclists face unique risks on the road, particularly when sharing the space with motor vehicles. If you are a cyclist who has been involved in a car accident in Miami, understanding your rights and the steps to take for compensation is crucial.

Challenges Cyclists Face:

Cyclists face distinct challenges when involved in a car accident, both in terms of the physical impact and the legal complexities. A bicycle provides little protection compared to a car’s metal frame, leaving the cyclist more susceptible to severe injuries. Additionally, there are misconceptions about cyclists’ rights and responsibilities, which can complicate the claims process.

Your Rights as a Cyclist:

Florida law recognizes bicycles as vehicles, affording cyclists the same rights and responsibilities as motor vehicle drivers. Cyclists have the right to use the road and are entitled to the full width of the lane. They must follow traffic rules and signals, use lights and reflectors at night, and wear helmets if under 16 years old.

When involved in an accident, a cyclist has the right to seek compensation for damages, such as medical expenses, property damage, lost wages, and pain and suffering. It is essential to understand your rights and ensure they are upheld throughout the claims process.

Steps to Take After an Accident:

Seek Medical Attention: Prioritize your health by getting immediate medical attention. Some injuries may not be apparent right away but can manifest later.

Contact the Police: Call the police to the accident scene to file a report. Provide your account of the incident and ensure it is accurately documented.

Gather Evidence: Collect information from the involved parties, including names, contact details, insurance information, and driver’s license numbers. Take photos of the accident scene, your injuries, and damaged property.

Contact a Personal Injury Attorney: Seek legal advice from an experienced personal injury attorney who can guide you through the claims process and help protect your rights.

Document Your Injuries and Expenses: Keep records of your medical treatment, lost wages, and other expenses related to the accident. This will be essential for your compensation claim.

Seeking Compensation:

In Florida, the process for seeking compensation can be complex due to the state’s no-fault insurance system. Generally, each party involved in an accident files a claim with their insurance company, regardless of who was at fault. However, cyclists may not have Personal Injury Protection (PIP) coverage, as it is typically provided through auto insurance. In this case, the cyclist may claim PIP benefits from the at-fault driver’s insurance or pursue a personal injury lawsuit if the injuries meet the “serious injury” threshold.

Cycling in Miami offers an enjoyable way to explore the city, but it’s essential to be aware of the risks and your rights as a cyclist. If you’ve been involved in a car accident while cycling, understanding the steps to take and seeking legal representation can help ensure you receive the compensation you deserve. Remember, you have the right to share the road and deserve the same protections under the law as any other road user. Protect your rights, stay informed, and ride safely. 

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