What Happens If You Hit a Cyclist With Your Car in Florida?
If you hit a cyclist with your car, remain on the scene and cooperate with the police when they arrive. Depending on the circumstances of the accident, your insurance company may need to pay for the medical expenses and lost income if the cyclist suffers bodily injury.
The injured party may hire a Florida bicycle accident lawyer to represent them. When this occurs, the lawyer will take over communication with your insurance carrier and will manage the case from this point. You will continue to cooperate with your insurance company. If you are found at fault, your insurer may negotiate a settlement with the victim before they file a personal injury lawsuit.
What Should You Do Immediately After Hitting a Cyclist in Florida?
If you hit a cyclist with your car, remain at the accident scene. If there are injuries, call 911 and get first responders on their way. This step is essential for both the well-being of the cyclist and your own legal case.
Leaving the scene could bring serious legal penalties. Lawmakers passed the Aaron Cohen Life Protection Act in 2014, which amended Florida Statutes § 316.027. According to WGCU, this statute demands a mandatory 4-year sentence and other penalties for drivers who leave the scene of a fatal crash. It is named after cyclist Aaron Cohen, who was killed by a hit-and-run driver in Miami in 2012.
When possible, take pictures of the scene, including the damage to your vehicle and the bicycle. Document any other hazards that could have contributed to the collision. Get contact information from any eyewitnesses. Once they arrive, cooperate with the police but do not admit fault, even if you believe you may have made a mistake behind the wheel. Let law enforcement create the police report so that you can obtain a copy later.
What Do You Need to Know About Florida Bicycle Accident Liability and Insurance Coverage?
Florida’s auto insurance laws are complex. The state requires all drivers to carry personal injury protection (PIP) coverage and a minimum amount of auto liability insurance. The options for a bicycle rider hurt in a crash include:
- A claim based on their own PIP coverage, if they have it
- A claim based on the involved driver’s PIP coverage regardless of fault
- A claim based on the at-fault driver’s auto liability coverage if they suffered serious injuries
The circumstances of the bike accident and the severity of the cyclist’s injuries will play a central role in determining which of these avenues the victim pursues. Your insurance company should handle these claims on your behalf.
Insurance claims based on your auto liability coverage, which requires showing you were negligent and caused the crash, could lead to a bicycle accident lawsuit. However, these cases often end with settlement negotiations and rarely go to trial.
What Is the Role of a Florida Motor Vehicle Accident Lawyer?
When a crash victim hires a Florida personal injury lawyer, that attorney will manage their personal injury claim and help them understand their legal options. When they have severe injuries, this could include a case against you based on your negligence and fault.
Their bicycle accident attorney will manage all aspects of their case, and your insurance carrier should handle your side of things. While many people find this process stressful and frustrating, you can trust your insurance carrier to fight the allegations against you and minimize the money they must pay when possible. You do not need to hire your own attorney in most cases. You will cooperate with your insurance carrier and let them handle the claim.
How Do Florida Bicycle Accident Cases Work?
When a victim hires a Florida car accident lawyer to manage their case, their lawyer will investigate what happened and build a case to show that you acted negligently. Negligence occurs when:
- You owed the victim a specific duty of care, in that you must obey traffic laws
- You breached that duty, either violating a traffic law or making a questionable decision behind the wheel
- This breach caused the crash
- The victim suffered injuries and other damages
For example, motorists must check for bicycles and yield to them before turning left across traffic. If they fail to see the cyclist, they could collide with them and leave the cyclist with catastrophic injuries. In this case, you would have had a duty of care to yield to the cyclist but breached that duty and caused the crash injuries. With evidence, the bike rider could hold you accountable for their injuries based on your negligence.
Their personal injury attorney will investigate your accident and gather evidence to document what occurred. Your insurance company will also investigate to determine what happened. If there is evidence your negligence caused the accident, your insurer may negotiate a settlement. Your insurance company will pay the money and end the case.
If the bicyclist sues you, your insurance company will represent you and their own bottom line. They may offer a higher settlement or go to trial and bring in their own lawyers to fight the case presented by the cyclist’s legal team. If the cyclist wins the case, your insurance company will pay the payout, and the case is over.
What Is the Timeline of a Florida Bicycle Accident Case?
Under Florida Statutes § 95.11, injured bicyclists only have two years from the crash date to file a lawsuit against you. If they miss this deadline, the court will likely block their litigation, and they will be forced to try to negotiate a fair settlement with your insurance company to recover compensation.
However, much of their leverage in these cases comes from having a right to sue and take the case to court. When they lose this right, it can be very difficult to get the money they believe they deserve from your insurance carrier.
Meldon Law Represents Victims Hurt in Florida Auto Accidents
At Meldon Law, our personal injury lawyers represent victims of auto accidents who have serious injuries. This includes bicyclists struck by careless drivers. If you were hurt, we provide free consultations and can assess your rights and next steps today for free.
Contact us now for legal representation that won’t back down.
