In Florida and other States, bicyclists have a right to use of the roadway. Drivers have a duty to share the roadway with bicyclists. Whether the bicyclist is riding solo or whether there is a peloton or pack of riders, drivers should be mindful and careful any time that there is a bicyclist or there are bicyclists on or near the the roadway.
As noted by Section 316.2065, Florida Statutes – Bicycle Regulations, a person propelling a vehicle by human power has all of the legal rights that apply to drivers of any other vehicles in the State of Florida. As further noted by Section 316.083, Florida Statutes – Overtaking and Passing a Vehicle, the driver of a motor vehicle must give a bicyclist a safe distance of at least 3 feet when passing a bicyclist. This particular statute is for the safety and protection of bicyclists under the laws for the State of Florida.
Certainly. all drivers in the State of Florida should be close attention any time that there is a pedestrian or bicyclist on or near the roadway. It is abundantly clear that a pedestrian or bicyclist is no match for any sized motor vehicle whether it is a compact vehicle or commercial vehicle. When a pedestrian or bicyclist is hit by a motor vehicle, the resulting personal injuries can be quite devastating to the injury victim and the family.
A case on behalf of an injured bicyclist can be established by proof of four essential elements: Duty, Breach of Duty, Causation, and Damages. Here is an example as to how the apply the law to the facts of a situation or accident. A bicyclist is riding on a city street on the far right side of the road. There is no designated bicycle lane. The driver of a motor vehicle is heading the same direction as the bicyclist. As the driver is passing the bicyclist, the driver clips or grazes the bicyclist which causes the bicyclist to fall off of his bicycle. The subsequent crash and contact with the pavement results in a fractured leg. Under these facts, the bicyclist can pursue a claim or case for persona injuries under the laws of the State of Florida.
A recent bicycle accident involving a pack of 4 bicyclists was reported in the Sarasota / Venice, Florida area. It was reported that the four bicyclists (Joel Calabrese, Sarah Calabrese, John Ustruck, and William Harrison) were riding their bicycles in a designated bicycle lane when they were hit by a 91 year old driver. Tragically, bicyclist William Harrison (68 years old) died as a result of the bicycle accident related injuries. The death of William Harrison is certainly have a devastating ripple effect on the family, neighborhood, and the bicycle community of the Venice / Sarasota area. You can read more about this accident at Bicyclist Dies and Three Others Injures in Venice, Florida.
David Wolf is a personal injury attorney based in Jacksonville, Florida who handles bicycle accident and other personal injury cases throughout the State of Florida. He is the author of 12 books that focus on personal injury and safety issues including the book titled Bikes, Trikes and Automobiles – Legal Rights of the Injured Cyclist. This book has chapters on General Legal Issues, Medical Treatment and Personal Injuries, Insurance Issues, Liability – Comparative Fault and Proof Issues, Legal Rights of the Injured Child Cyclist, Wrongful Death, and Settlement – Compensation – Damages. You can get this book for free at Bicycle Accident Book.
Attorney David Wolf provides a Free Consultation for all bicycle accident and personal injury cases. If the case is accepted for representation, the case is handled on a contingency basis which means that there will be no attorney fees or costs charged by or owed to David Wolf UNLESS there is a financial recovery or settlement. Call David Wolf at (904) 500 – WOLF or (904) 500 – 9653. E-Mail David Wolf at firstname.lastname@example.org. Text David Wolf at (904) 699-8366. Experienced – Knowledgeable – Accessible – Get D Wolf On Your Side – At Your Side. David Wolf firmly believes in Giving a Voice to Injury Victims and Their Families.