What Cyclists in Fort Lauderdale Get Wrong About Bicycle Accident Claims

Fort Lauderdale might be a beautiful place to ride a bike, but it’s also one of the most dangerous. Bicycle accidents caused by negligent motorists are pretty common in the city. 

Bicycle accident claims in Fort Lauderdale aren’t like regular car accident claims. They’re more complicated and require the expertise of a Fort Lauderdale bicycle accident attorney to make sure you get the maximum compensation.

So, what do Fort Lauderdale cyclists get wrong about bicycle accident claims? A lot. From underestimating their injuries to not knowing their legal options, many riders unknowingly make mistakes that cost them thousands of dollars, or worse, leave them with nothing at all. 

Here are some of the most common mistakes and assumptions bicycle riders make:  

1. Assuming You Can’t File a Claim If a Car Wasn’t Involved

Not every bicycle accident involves a car. Sometimes, it’s a pothole, a broken sidewalk, or a hazardous road condition that causes the crash. If you were injured because of poor road maintenance or a dangerous condition on someone else’s property, you might be able to file a claim against:

• The local or state government responsible for road maintenance.

• A commercial property owner if the accident happened on private property.

• A homeowner if their negligence contributed to the crash.

Florida law allows injured cyclists to seek compensation for accidents caused by negligence, whether that negligence came from a driver, a business, or a government agency.

2. Thinking Insurance Works the Same Way for Cyclists as It Does for Drivers

If you drive a car in Florida, you’re probably familiar with the state’s no-fault insurance laws. Everyone is required to carry Personal Injury Protection (PIP) insurance, which covers medical expenses and lost wages no matter who’s at fault in an accident. But then, cyclists aren’t required to have PIP coverage. That means if you get hit by a car, you might not have the automatic insurance safety net that drivers do.

So what happens if you don’t have PIP? You still have options. If the driver who hit you has PIP, you can file a claim under their policy. If they don’t have PIP or if your injuries are severe enough to go beyond what PIP covers, you can file a personal injury lawsuit against the at-fault driver. 

But there are deadlines and legal hurdles to jump through, and if you don’t act fast, you could lose your chance to recover damages. That’s why talking to a bicycle accident attorney as soon as possible is crucial.

3. Assuming That Cyclists Don’t Have the Same Rights as Drivers

One of the biggest misconceptions out there is that cyclists don’t belong on the road. Drivers get impatient, honk their horns, and sometimes even shout at cyclists to get out of the way. 

But under Florida law, bicycles are considered vehicles. That means cyclists have the right to ride on the road, take up a full lane when necessary, and expect cars to yield the right of way when required.

That also means that when a driver hits a cyclist, they’re held to the same legal standards as they would be if they hit another car. If they were speeding, distracted, or failed to yield, they can be held liable for your injuries. Too many cyclists assume that if they were hit, it must have been their fault for being in the way. That’s simply not true.

4. Thinking You Can’t Get Compensation If You Weren’t Wearing a Helmet

Florida law only requires cyclists under 16 to wear a helmet. If you’re an adult and you weren’t wearing one at the time of your accident, the insurance company might try to use that against you. 

However, not wearing a helmet doesn’t automatically mean you can’t recover damages. It might affect how much compensation you receive, especially if you suffered a head injury, but it doesn’t erase the fact that the driver was at fault.

A good attorney can argue that while wearing a helmet is smart, the accident itself wasn’t your fault. If a driver ran a red light and hit you, that’s on them, helmet or not. All you need is a cracking good lawyer and you’re good to go.