Bicycle injuries can vary widely based on the nature of the accident, ranging from fractures to catastrophic injuries with significant life-changing consequences. To ensure one gets just compensation for damages sustained as a result of the negligence of others in these circumstances, they should seek the services of a Personal Injury attorney experienced in bicycle accident cases in order to navigate complex bicycle laws in the state of Florida.

Anyone who has suffered an injury on a bicycle because of another party’s negligence can file a claim.

Under Florida’s comparative negligence law, i.e., Fla. Statute §768.81, each person who is found to be at fault is assigned a percentage. This means an individual can still collect financial compensation for the percentage of fault attributed to the other person.

Under Fla. Statute §95.11, injured parties must file personal injury lawsuits within four years of the date of the injury. Wrongful death lawsuits involving pedestrian injuries must be filed within two years. If the accident involves a state, county, or government agency, the statute of limitations can be shorter than four years. All statutes are subject to change, and exceptions may exist depending on your specific case. In addition, it takes time to investigate and then file a lawsuit. Evidence starts to disappear within hours of the crash (tire marks, debris, video surveillance). It is important to get representation quickly. 

Bicycle injury claims can range from a few months to much longer. It depends on a number of factors.

Again, it is recommended to hire an attorney experienced in the type of case in which one is involved.

Bicycle accident injury cases are handled like most Personal Injury matters and that is on a contingency fee basis. This means clients do not pay the attorney anything unless and until a financial compensation is recovered.

As for Bicycle helmets, per statistics, they can reduce the risk of serious head injury by about 50%. Annually, helmets tend to prevent hundreds of bicyclist deaths. Wearing a helmet is the best way to protect oneself from potential injuries while biking in Florida. Bicycle riders over the age of 16, however, do not legally have to wear helmets in the state of Florida. Learning the municipal laws, codes or ordinanes in a particular city can help a rider remain on the right side of the law.

According to bikehike.org, most states, including Florida, do not have universal laws requiring all bicyclists to wear helmets. Instead, Florida has a law that only requires riders under the age of 16 to wear them. Cyclists who are 16 and older are free to ride without helmets, unless their cities passed specific laws stating otherwise.

Electric bicycles have grown more popular in recent years. To lawfully use an electric bicycle in the state of Florida, the rider must be older than 16 years of age. However, operators or riders do not need to wear helmets to operate electric bikes. It is also not necessary to wear a helmet while riding on a scooter or moped unless the rider is a minor under the age of 16. One can even operate a motorcycle without wearing a helmet as well in the state of Florida, if operator is over 21 years of age and has at least $10,000 in personal injury protection motorcycle insurance.

Since wearing a helmet while biking is not a legal requirement in Florida over the age of 16, it is uncommon for this to serve as a plausible defense in an injury claim. Florida Statute Section 316.2065(18) specifically states that the failure to wear a helmet, or the failure of a parent to make a child wear a helmet, may not serve as evidence of negligence or contributory negligence. Consequently, bicyclists have specific protections against this defense

The courts in Florida will not base a personal injury decision on whether the bicyclist was wearing a helmet. It may be different, however, if rider is in a state that does require helmets. If the bicyclist broke the law by not wearing a helmet, this could be a potential defense to an injury claim. The defense could argue that by breaking the law, the bicyclist placed him or herself in a position to suffer the injuries in question.

If a rider is over the age of 16 and not wearing a helmet during your bicycle accident, the defense cannot use this fact against them, even if they are pursuing damages for a head or brain injury. Since they did not break the law, they were not negligent in deciding to go helmetless. Florida is, however, a pure comparative negligence state. The defendant may try to argue the plaintiff’s-victim’s comparative fault for reasons other than not wearing a helmet to reduce the value of the claim.

Pedestrians and bicyclists are covered under Florida’s PIP insurance law if a motorist hits them. If the victim or a household family member have PIP insurance for a vehicle, said victim should be covered under that policy. If the victim does not own a vehicle, they will be covered by the PIP insurance of the driver who hit them.

If a family member is injured by a motor vehicle while walking or bicycling, they have several options to collect payment for the injuries sustained under Florida PIP law.

Florida requires that every registered driver in the state must carry at least $10,000 in personal injury protection, or PIP benefits. According to Florida Statute Section 627.736, insurance policies must pay PIP benefits for anyone, including bicyclists and pedestrians, hit by a motor vehicle as long as they are not an occupant of a self-propelled vehicle.

PIP covers medical expenses which result from an accident and also provides benefits for lost wages, death benefits, and disability. 80% of actual expenses for medical treatment, hospitalization, transport, and medical tests are covered up to $10,000 maximum, so long as treatment is received within 14 days of the accident. If treatment is not considered an Emergency Medical Condition (EMC), the limitation on coverage is only $2,500. An EMC is defined as any injury, which, if left untreated, would reasonably be expected to cause serious jeopardy to the person’s health, serious impairment of any bodily function, or serious dysfunction of a body part or organ.

Disability benefits consist of 60% of the injured party’s lost wages if they are unable to work (up to a limit of $10,000), including payment for someone to assist with daily activities such as yard work and household chores that the subject injured party cannot complete. Additionally, death benefits can be paid up to $5,000 to the next of kin if the injured party passes away.

Personal Injury Protection coverage is meant to cover relatively minor accidents, but if medical expenses and lost wages exceed $10,000, an injured victim may sue the at-fault driver for the amount of damages greater than the $10,000 PIP limit. Said injured party may also sue the at-fault driver for non-economic issues such as pain and suffering.

To discuss this area more specifically since many victims and their family find the Florida No-Fault Law as unfair, the following issues will be addressed. If hit by a car a victim is entitled to have their medical bills paid by their own auto insurance, even if the accident was not their fault. Their auto insurance applies, even though your own car was not involved. This medical bill coverage under their auto insurance is called “Personal Injury Protection” or “PIP” or “No Fault Benefits”. This coverage is “primary” for one’s medical bills, meaning auto insurance is the first insurer who is supposed to pay the said medical bills.

Many bicyclists ask if the foregoing is unfair. They also ask, “Why should MY insurance have to pay my medical bills, when I did nothing wrong?” They finally add, “Will my auto insurance cancel me or raise my rates?”   Florida car owners have paid money to their auto insurance carriers called “premiums” for this exact type of insurance coverage under their policy. In Florida, it is mandatory that all automobile insurance policies provide these “PIP” benefits. It must be understood that the automobile insurance carrier for the vehicle or driver causing the accident does not have to pay these medical bills at first considering the legal list of priorities regarding insurance coverage.

There is a redeeming feature to all this in that the victim’s or their household’sauto insurance cannot cancel or raise one’s rates merely because they were involved in an accident that was not their fault.

In Florida, medical bills from a bicycle crash (when in a collision with a car) will not be 100% covered. Auto insurance will generally pay 80% of all reasonable medical bills, unless the policyholder has purchased extraordinary (and not basic) coverage. The maximum payments for all medical bills for a single accident are $10,000. Once auto insurance has paid $10,000 in PIP benefits (with basic coverage), the benefits are “exhausted”.

After the foregoing, then the remaining bills should be submitted to one’s health insurance, if any. In the beginning after a bicycle accident, the victim’s auto insurance is “primary” insurance, and their health insurance is the “secondary” insurer. On a given bill, automobile insurance PIP benefits will pay 80% and then health insurance can pay the balance due on the bill. Once PIP insurance has reached its limit of benefits, then the health insurance becomes the primary insurer. The said victim can still seek compensation from the at-fault driver, vehicle owner, or their auto insurers for the medical expenses incurred as a result of the subject accident.

To ensure proper payment of medical bills-it is critically important that medical bills are submitted to the insurers as soon as possible. Some auto and health insurance companies decline to pay medical bills if they are not submitted in a timely manner. When one goes to the hospital or doctor, request they submit the medical bills to auto insurance, if applicable, and then to health insurance, if it exists, on every claim, from the start. Further, keep track of how medical bills are being submitted and being considered by the insurers. Many auto insurers and health insurers give their customers on-line access to the claims submitted. By going on-line, injured party can check to make sure the insurer received the bills and see how much was paid and why.

If the victim does not own a car and does not reside with a family member or relative who owns a motor vehicle with insurance, then they are still entitled to “PIP” or “No Fault” benefits under an auto insurance policy. The victim can then get these benefits to pay the medical bills from the owner of the at-fault car’s auto insurance. The victim is entitled to these PIP benefits whether the accident was their fault, the other driver’s fault, the fault of both, and/or no one’s fault. They are entitled to have 80% of each reasonable medical bills paid up to $10,000 maximum benefits.

Florida Courts have not agreed on whether the bicycle rider is entitled to PIP benefits if they swerve to avoid impact and then get injured without the opposing vehicle striking them. The Florida law on PIP benefit says all auto insurance policies must provide personal injury protection when the policy holder is struck by a motor vehicle and suffers injury. Certain Florida Courts have interpreted this law to include PIP coverage where the bicyclist crashed to evade being struck by the opposing vehicle. This is a fair result. It would be unfair for bicyclists to be covered who were hit by a car, when other bicyclists, who likely minimized their injuries by avoiding a collision, were not covered.

The foregoing is just a brief and general overview of the subject of bicycle accidents in Florida.

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

According to the 2021 National Retail Security Survey, retailers in the state of Florida pointed out the growing list of threats to their companies. When questioned on what areas of threats have increased the most over the last five years, mall or store violence, cyber-related incidents, and organized retail crime were at the top of the list. Organized retail crime was at 64% for its potential risks to stores.

In response to the foregoing threat, last year, Gov. Ron DeSantis signed the new SB 1534 against retail crime in the state. The bill was signed and passed on June 17^th, 2022. Under the title “Retail Theft”, the subject bill 1534 stated that it prohibited certain retail theft at multiple locations within a specified timeframe and provided new and enhanced criminal penalties for individuals who commit organized retail crimes.

The foregoing law took aim at the rise of retail theft in this state. Florida Attorney General Ashley Moody stated that the measure was designated to crack down on what she called “organized retail crime.”

Regardless of such law, Organized Retail Crime (ORC) is generally on the rise in the United States, and it is impacting inflation, store employees, and customers alike. 

Consequently, what is retail crime and how does it impact inflation? What should an individual do if they are injured at a store, either directly or indirectly, due to organized retail crime?

Organized retail crime (ORC) refers to professional shoplifting or other theft happening in retail stores. Far beyond a teenager placing unpaid candy into their pocket, ORC often involves multiple people grabbing thousands of dollars’ worth of merchandise and walking out of the store with it, then selling the products online, on a street corner, from the back of a van, etc.

While retailers certainly do not care for the financial losses incurred, the more significant  problems are increasing brazenness and aggressiveness. In a recent survey, 86.2% of retailers said an ORC subject had verbally threatened an associate; 75.9% said an ORC subject had physically assaulted an associate, and 41% said an ORC subject had used a weapon to harm an associate.

If an individual has been injured due to an ORC, contact an experienced and compassionate retail crime victim rights lawyer. 

All “shrink”, i.e., the retail term for inventory losses from theft, fraud, and paperwork errors, is on the rise, increasing from 1.4% to 1.6% of sales on average from 2015 to 2020. However, the estimated portion of those losses coming from organized retail crime is also dramatically increasing from 0.045% to 0.07% in the same timeframe.

While “shrink” is a normal or routine part of the bottom line, the increase in organized retail crime is pressuring retailers to invest in new technology and additional security while at the same time making it even more difficult to hire and retain employees. When all these factors combine, increased product prices are a natural result.

Working retail was already one of the most dangerous occupations as far as nonfatal injuries even before the COVID-19 pandemic hit. An increased risk of being attacked during the commission of a retail crime is an additional factor in a very long list of reasons it is difficult for stores to retain employees.    

ORC affects customers in a number of ways:

• High employee turnover results in poorer customer service;
• Measures to prevent theft, like having products locked up, can make shopping disagreeable;
• High rates of retail crime can lead to increased prices being passed on to consumers; and
• Companies may spend too much time and money on loss prevention and become negligent in other ways that may lead to accidents and injuries.

A person may be able to get compensation for their injuries if they can prove the store was negligent and should have been able to prevent the attack which caused said injuries. For example, if an individual works for a store and were not properly trained on how to approach potential shoplifters, and thereafter a person was injured when a possible criminal shoved them out of their way so they could escape with stolen merchandise, the employer may be held liable for the subject injuries (beyond what worker’s compensation may cover).

Retail stores have a duty of care to protect every person who legitimately comes onto their premises, including: Customers, Employees, Delivery people, Contractors, Wholesalers and anyone conducting business with the store.

If the stores failed to take reasonable steps to keep one safe on the property and their negligence led to said victim being injured, they may be able to get compensation from the company to pay for their physical, financial, and emotional injuries.

If one gets injured as a result of an organized retail crime  whether the criminals hurt them directly or whether they were hurt elsewhere in the store while the staff was busy trying to prevent ORC, then said victim should take the following steps to increase their chances of receiving compensation for their injuries from the store.

If the injuries are serious, one should seek immediate medical attention. Even if the injuries seem minor, such as scrapes and bruises, going to see a doctor provides a paper trail to prove later on that said individual was injured at the store. Further, said injuries may also be worse than one initially suspects, therefore, it is best to get examined.

If one was attacked or another crime was committed, one should file a police incident report. Not only does this give law enforcement an opportunity to find the person or people who assaulted them, but it is yet another important part of the paper trail that may help a victim later on.

Take pictures or videos of the area around where the incident occurred to search for evidence that may show the company or store was negligent. Get the names and contact information of any witnesses who saw what happened. Also, keep any torn or bloody clothing (or other evidence of injuries), unless the police ask for it.

An experienced retail crime victim attorney will know whether the subject victim can pursue compensation for their injuries and can assist in obtaining a maximum recovery for the claim. Rather than accepting whatever money the store’s insurance company may try to initially offer, contact an experienced attorney first to discuss the case.

If a person living in or visiting Florida is injured during a retail crime, contact a crime victim rights lawyer for a consultation. Even if shopping malls, large retailers, or mom-and-pop shops are experiencing more retail crime, they still owe a duty of care to keep their patrons or customers safe on their property and may owe them compensation for any injuries sustained if the store neglected that duty.

The foregoing is just a brief and general overview of the subject of organized retail crime.

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.