Frequently Asked Questions - Florida Bicycle Accidents

Generally, the statute of limitations for a Florida bicycle accident is within 2 years from the date of the accident. Some exceptions apply. Prior Florida law may apply if the bicycle accident occurred before March 24, 2023. Under the prior law, the statute of limitations was within 4 years from the date of the accident. In addition, uninsured or underinsured motorist claims may be as long as 5 years from the date of the accident depending on the policy language. Act promptly rather than waiting for the statute of limitations to run out.

If the injured cyclist owned a vehicle or lived with a resident relative who owned a vehicle, the injured cyclist may be able to use PIP (Personal Injury Protection) benefits to pay up to $10,000 of medical bills. PIP benefits may apply even though the accident did not involve a vehicle owned by the injured cyclist or resident family member. If the injured cyclist does not otherwise qualify for PIP on a vehicle in the household, the cyclist may be able to use the at-fault driver's PIP coverage to pay medical bills. Otherwise, health insurance can also pay for medical bills. While the at-fault driver may have insurance coverage beyond the PIP in the form of bodily injury coverage, most insurance companies will not pay out portions of the bodily injury policy over time. In other words, in most cases, bodily injury funds are paid only in a lump sum when the case settles.

From a legal standpoint, Florida law has no caps or limits on compensation unless the defendant is a government entity. Florida has specific statutes that cover government-entity negligence cases. While there are no caps in cases that do not involve a government entity, the target of the recovery (in most cases) will be the applicable bodily injury coverage and / or the applicable uninsured / underinsured motorist coverage.

Under Florida law, cyclists under 16 must wear a helmet. Cyclists who are 16 years of age and older are not required to wear a bicycle helmet. However, failing to wear a helmet (even if it is not required) may be used as a defense if the cyclist suffered a head injury that could have been avoided or lessened with a helmet. The failure to wear a helmet only comes into play if it would have affected the damages or injuries caused by the bicycle accident.

While this is a common question asked, it is not a simple one. Many factors go into valuing a case. There is no "one size - fits all" approach to evaluating a Florida bicycle accident case. Factors can include but are not necessarily limited to the amount of automobile insurance coverage, type of medical treatment rendered, length of medical treatment, amount of medical bills, future medical bills, future treatment estimated, severity of the injuries, specialty treatment involved (pain management, neurology, orthopedic), surgeries recommended, surgeries actually performed, wage loss, age of the victim, work history of the victim, and medical history of the victim. Ultimately, an experienced Florida bicycle accident attorney should evaluate each case based on the specific facts and circumstances.

Florida bicycle cases are handled on a contingency basis. This means you will not be charged attorney fees or costs unless there is a settlement or financial recovery.