Florida is one of the most dangerous states in the country to ride a bicycle. In fact, Florida has the most cyclist fatalities in the United States. Jacksonville, Tampa, Orlando, and Miami are the four deadliest cities in this state.
Florida is governed by a comparative negligence standard, which means that a victim can only recover damages to the extent that they did not contribute to the accident and if they were less than 50% negligent themselves. On March 24, 2023, Florida replaced its pure comparative negligence system with a modified comparative negligence system. Under this system, a plaintiff/victim/claimant can recover in proportion to the defendant’s percentage of responsibility or fault only if the plaintiff’s own share of responsibility is 50% or less. A tragic example would be where a bicyclist ran into a stopped automobile. The cyclist could strike the middle of the vehicle’s driver’s side, but the driver may not notice the impact. When the vehicle starts to move it might run over the cyclist, who could be killed.
In situations where a cyclist dies, like the one above, their estate may bring a wrongful death lawsuit. However, it is possible that a jury may find this cyclist at least partially at fault, considering he or she drove into the stationary vehicle. If the jury determines that the cyclist was 45% at fault and the other driver 55% at fault, the estate may be able to recover 55% of the damages (such as medical bills and lost earnings) from the other vehicle. On the other hand, if the cyclist were found 51% or more at fault, he or she or their estate would not be able to recover anything. In other words, an injured plaintiff/claimant is barred or prohibited from recovering if they are more than 50% at fault.
Also, if a cyclist is riding in a bike lane and a car drives into them, causing injuries and the identified driver flees the scene, then the said driver can be held liable for the injuries sustained by the cyclist, and he or she can also be held criminally liable for fleeing the scene. According to these facts, it would be difficult for a jury to find that the cyclist contributed to their own injuries. Even if a case appears clear, it is important to hire an experienced attorney to ensure that one can present an effective and viable case. In the alternative, if the said driver and vehicle are not identified, then there may be no way to collect unless the cyclist has Uninsured Motorist coverage on his own auto insurance policy.
It can be frightening when a motor vehicle crashes with a bicycle. Fortunately, cyclists and their families have rights when a collision results in personal injuries or fatalities. Drivers have a duty under Florida law to drive carefully and responsibly around cyclists and anyone else on the road.
Cyclists, as well, have certain duties under the law. Cyclists younger than 16 years of age must wear helmets, and all cyclists should ride as far to the right as possible. Sadly, cyclists are often partially at fault for accidents.
The Statute of Limitations or deadline for filing a wrongful death lawsuit in the Florida courts is two (2) years from the date of the death. Again, on March 24, 2023, Florida’s legislature passed a new tort law, which made significant changes to the state’s civil justice system. One of the most significant changes was the reduction of the statute of limitations for negligence claims from four (4) years to only two (2) years even if death is not involved. Florida is now also a modified comparative fault state, which means damages are apportioned among wrongdoers according to their percentage of fault as shown above if the other side is 51% or more at fault. If the cyclist was partially at fault for his injuries, then his compensation will be reduced accordingly.
After the change in the law in 2023, when filing a personal injury lawsuit, one no longer has four (4) years but two (2) years from the date of the injury or accident and has the added burden of a modified comparative fault rule. Consequently, a victim, injured party, plaintiff and/or claimant should retain the services of an experienced Personal Injury Attorney.
The foregoing is a brief and general overview of bicycles, accidents and the new law governing this area 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.