Do Pedestrians Hit By Cyclists Have Any Rights in Florida?

Reviewed by Elizabeth W. Finizio, Esq.

When you’re walking around your town or city, it’s important to stay alert to cars. Unfortunately, many municipalities and suburbs are becoming less walkable and centered around vehicle traffic, making it less safe and practical to travel on foot for many pedestrians. However, while you’re on the lookout for cars, the last thing you expect is to be struck by a bicycle while walking on the sidewalk or traveling in a crosswalk. Unfortunately, pedestrians are at an increased risk of serious injury when involved in an accident with a vehicle due to the lack of structural protection to absorb the impact of the collision. If this represents your circumstances, it’s imperative to understand your legal options. Luckily, the following blog explores what you should know about these unusual matters and why working with a Broward County pedestrian accident lawyer can help you through these issues.

What Florida Cycling Laws Must Riders Adhere To?

In Florida, the laws cyclists must follow differ slightly from those in other states. One of the most significant differences is that cyclists are allowed to ride on sidewalks. In these instances, those on bicycles are considered pedestrians. It is important, however, to note that this can change based on local laws and ordinances. As such, some towns may prohibit bicycles from riding on sidewalks, and riders must adhere to these regulations. Under Florida Statutes § 316.2065, cyclists riding on sidewalks or in crosswalks have all the rights and duties applicable to a pedestrian under similar circumstances, except where local ordinances dictate otherwise.

When bicycles are permitted on sidewalks, and a rider chooses to travel on them, it’s important to understand that, despite the fact that they have the same rights as pedestrians, they must yield to those walking. Additionally, if a cyclist plans to overtake or pass someone on foot, they must give an audible alert first.

However, when bicycles are on the road, they are considered vehicles. In these instances, cyclists must yield to pedestrians in crosswalks and must stop at stop signs and traffic lights.

What Catastrophic Injuries Can Pedestrians Sustain if Struck By a Bicycle or Vehicle?

When someone on a bicycle or behind the wheel of a motor vehicle is negligent and does not adhere to the rules in place to keep themselves and others safe, it can result in a collision. While driver negligence is often the result of actions like driving while distracted, driving under the influence, speeding, running red lights or stop signs, or driving while fatigued, pedestrian accidents may stem from other hazardous conditions. These often involve dangerous premises conditions, like defective sidewalks, construction zones, debris left on walkways, overgrown foliage, and other obstructions. In property hazard situations, the property owner would likely face liability.

Unfortunately, these matters can leave pedestrians on foot with serious injuries, as their bodies will take the brunt of the impact—often enduring two blows: once from colliding with the vehicle or bike, and another when they hit the pavement afterwards. Such collisions resulted in over 700 fatalities in Florida in 2022 alone, according to traffic safety data published by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). For those who sustain injuries, these commonly include:

• Bone fractures
• Soft tissue and tissue damage
• Neck, back, and spinal cord damage (which can cause paralysis)
• Traumatic Brain Injuries (TBIs)
• Internal organ damage
• Severe lacerations and road rash
• Facial and dental damage

Injuries of this nature can be catastrophic, often resulting in long-term complications like astronomical medical expenses, chronic pain, long-term rehabilitation and medical care, lost wages and reduced earning capacity, and the loss of enjoyment of life.

Given the unusual nature of these circumstances, you’ll find that recovering compensation in these matters can be confusing. The most important thing to understand is that if you are struck by a cyclist or a car, is that you are entitled to compensation for the damages you’ve endured. This includes money for economic damages like medical bills and loss of income, as well as non-economic damages like pain and suffering.

Does It Matter If I Am Partly at Fault Under Florida Law?

Liability in matters involving pedestrians may not be as straightforward as you believe. While the driver of a vehicle or rider of a bicycle may generally face liability, pedestrians may also be at fault in these matters. For example, if a pedestrian steps into the street when it is unsafe for a driver to stop, disregards traffic signs, or crosses the street outside of a crosswalk, they may also face liability for the damages inflicted.

In the event you are found to be partially at fault for the accident, it can have an impact on the recoverable compensation you are eligible for in accordance with Florida’s modified comparative negligence system. As such, if you are found to be 51% or more responsible for the accident, you will be barred from recovering any compensation for the damages you have suffered. This standard is strictly codified under Florida Statutes § 768.81, which explicitly bars a plaintiff from recovery if their percentage of fault is greater than 50 percent.

However, if your percentage of fault is less than 51%, your financial recovery is simply reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 25% at fault, your ultimate compensation would be reduced to $75,000.

What Should I Do if I’m Hurt? (An Evidentiary Approach)

If you are hurt, the most important thing you can do is seek immediate medical attention. Though these injuries can be severe, you may find that the sooner you can catch and treat the injury, the better your chances of achieving some form of recovery are. As such, it is in your best interest to seek immediate medical attention, whether from first responders at the scene or a hospital, as many injured individuals are unaware of the injuries they have sustained. This is because many injuries, like traumatic brain injuries or internal organ damage, may not immediately appear. Refusing medical care at the scene can make your injuries worse and make it highly challenging to secure damages later.

In order to pursue compensation for the negligent actions of another party, collecting as much evidence as possible is critical. The more evidence you can gather, the stronger your claim will be. As such, if you are physically able to do so after a collision, you should take the following steps:

• Call 911: Ensuring you call 911 following an accident ensures that you can receive an official copy of the police report while also ensuring you can seek immediate medical attention if necessary
• Document the scene: Take comprehensive photos and videos of your injuries, the vehicle or bicycle damage, any contributory property hazards, and the overall layout of the scene.
• Collect contact and insurance information: Explicitly request the cyclist’s or driver’s name, phone number, driver’s license number, license plate number, insurance company name, and policy number.
• Gather witness information: It’s in your best interest to gather the names and contact information of anyone who may have witnessed the collision, as they may be able to provide an unbiased, third-party account of the accident to corroborate your claims

Finally, you should contact an experienced personal injury attorney who can help you explore your legal options and help secure evidence you cannot get alone, such as nearby residential or commercial surveillance camera footage. Traditionally, when two drivers are in a car accident, they must use their Personal Injury Protection (PIP) insurance first before pursuing additional compensation from the driver. However, this can be incredibly complicated in matters involving pedestrians, so working with an attorney is in your best interest.

How Long Do I Have to Pursue a Legal Claim in Florida?

Florida imposes a statute of limitations for personal injury claims filed in the state. As such, in accordance with Florida State law, you generally only have two years to file a claim. Failure to do so can result in the inability to recover compensation, even if injuries and negligence are obvious. This filing deadline is dictated under Florida Statutes § 95.11(3)(a) for actions founded on negligence.

However, if your accident occurred before March 24, 2023, your case may still fall under the previous four-year statute of limitations rule, making an immediate legal consultation vital to protecting your rights.

Contact an Experienced Broward County Personal Injury Attorney Today

At the Finizio Law Group, we understand how overwhelming and stressful these matters can be, which is why we have decades of combined experience representing clients from all walks of life. Our firm is dedicated to helping you recover the compensation you deserve when you have suffered injuries due to the negligent actions of another party. Contact our firm today to schedule your initial consultation and learn more.