Road Bicycle Accidents

Whether you bike for recreation or transportation, biking is good for us and the environment. However, streets are primarily designed for fast-moving and unhindered motor vehicles and can often prove dangerous for bicyclists. In the U.S., cyclist fatalities have increased by 25 percent over the previous year.

What Causes Road Bicycle Accidents?

Accidents on the road happen in so many ways. There may be more than one factor contributing to an accident. The National Highway Traffic Safety Administration (NHTSA) reports that a car hits the bicyclist in 30 percent of bicycle accidents. Often, cars rear-end bicycles, especially at intersections. Drivers may fail to allow enough room between their truck or car and the bicycle.

Causal factors often include:

• Distracted driving. Drivers who are using their phones, texting, drinking coffee, and other distractions are a danger to everyone on the road. Every day, distracted drivers injure and kill people. In a recent year, there were more than 52,000 distracted driving crashes in Florida.
• Failure to yield. Many drivers do not know the rules of the road when it comes to bicyclists. They may not be aware that they should yield to bicyclists. About 45 percent of crashes between cars and bicycles happen in intersections, often when in the course of a left turn, a car hits an approaching bicycle. Failure to yield accidents may also happen when a motorist is driving too fast or driving aggressively.
• Speeding. Speeding may refer to driving faster than the posted speed limit or driving too fast for road conditions. Either way, a speeding driver needs more time to safely stop and may lose control of the vehicle. In some situations, bicyclists may be at risk, even in places where the posted speed limit is low.
• Unsafe road conditions. Those responsible for the roads have an obligation to properly maintain all roadways, including bike lanes, in good condition. If they fail in their responsibility, they may be liable for a resulting accident. However, according to the NHTSA, 13 percent of all injury-causing bicycle accidents take place because of below-par conditions on roads or bike lanes. Unexpected changes in road conditions, such as uneven pavement or potholes, are more likely to affect two-wheeled vehicles.
• Nighttime riding. Many factors compound the dangers of riding after dark. The motorist simply may not see the bicyclist, or spot them too late to avert a crash. People usually avoid riding bicycles at night, yet almost 60 percent of all adult fatal bicycle accidents in Florida occur during the nighttime hours. Bicycles need to be as visible as possible, with effective lights and reflectors. Reflective wearing apparel also helps.
• Dooring. These accidents often cause injuries. On congested streets, the bicyclist may have to ride closer to the side, where cars are parked. “Dooring” means that the driver either does not check for oncoming vehicles or does not see someone. They open the door and hit an oncoming cyclist. Even if the bicyclist doesn’t hit the door head-on, he or she could still face serious injury from swerving into traffic or falling and crashing onto the pavement.
• Impaired driving. It’s no secret that driving under the influence of alcohol and drugs endangers everyone on the roads. About 37 percent of all bicyclist accidents resulting in a fatality involve alcohol. Driving under the influence means the driver’s judgment and driving skills are impaired, so it is more likely that they do not notice the bicyclist or can’t react and avoid an accident.
• Bad weather. Bad weather increases the chance of a road accident. If the visibility is poor, drivers can’t see bicyclists. Rainy or inclement weather may also reduce a bicycle’s traction.

What Injuries Occur in a Bicycle Accident?

When an accident involves a bicycle and a car, the cyclist almost always suffers more severe injuries. According to the NHTSA, 857 bicyclists died in traffic crashes in just one year. Unlike motorists, bicyclists have little or no protection, so in an accident, their injuries are often serious or fatal.

Catastrophic injuries can include:

• Brain and skull injuries. Traumatic brain injuries, which include problems such as concussions, fractured skulls, or intracranial hematomas, often result in long-term impairment.
• Internal injuries. Internal organ damage, such as injuries to the kidneys, or pancreas, spleen, or liver is very serious and may not manifest right away.
• Spine and spinal cord injuries. Some types of spinal cord injuries may leave the injured person paralyzed.
• Soft tissue injuries. Damaged tendons, muscles, or ligaments can be dangerous if left untreated.
• Fractures. Broken bones are painful and debilitating.
• Injuries to the face, eyes, and teeth.
• Loss of limbs.
• Disfigurement and scarring.
• Coma.

Florida Bicycle Laws

Under the law, bicycles are not toys. In Florida, a bicycle is a vehicle, and the person riding it is the driver. Both bicyclists and motorists must act responsibly and follow the rules of the road. In essence, Florida statute 316.2065 says that a person operating a vehicle by “human power” has the same rights and responsibilities as any other driver. Bicyclists do not have to ride on the hard shoulder, or breakdown lane, although they may do so if they wish. Bicyclists are generally permitted to ride on the sidewalk, but should first check municipal statutes, as some places forbid it. When riding a bike on a sidewalk, the bicyclist has all the same responsibilities as pedestrians.

Florida Statutes Section 316.2065 lists bicycle regulations. They include:

• Bicyclists must adhere to all traffic signs, signals, and regulations, as motorists must do.
• Cyclists should know and use all of the proper hand signals to indicate they are turning.
• A bicycle rider or passenger who is under 16 years of age (including children riding in a trailer attached to the bike) must wear a properly fitted bicycle helmet. As outlined in the Code of Federal Regulations, helmets must meet the federal safety standard for bicycle helmets (16 C.F.R. Part 1203). According to the Insurance Institute for Highway Safety, bicycle helmets reduce the odds of a head injury by 50 percent.
• Anyone riding on a bicycle must have a standard, fixed seat.
• Bikes are designed to carry a limited number of people. The bicyclist must not exceed that. Bicyclists may carry a passenger only if the bike was intended for more than one person or if an adult is riding while carrying a properly secured child. Young children (under 4 years old or under 40 pounds) must be in an appropriate child seat or carrier that protects them from moving bike parts.
• Cyclists have to keep at least one hand on the handlebars while operating the bike.
• The bike’s equipment must include a brake that can safely bring the bike to a stop within a 25-foot distance under normal conditions.
• Bikers must ride as close to the curb on the right side of the road as is safe. There are a few exceptions, such as when making a left turn or if the lane is too narrow.
• If two bicyclists are riding beside one another, they must travel within a single lane.
• Bicyclists may not use listening devices such as earbuds or headphones, the device is for hearing loss.
• According to Florida Statutes section 316.2065(7), bicyclists traveling between sunset and sunrise must use lights and/ or reflective devices.
• Before allowing children to bicycle, parents and guardians should make sure that their children understand and obey Florida’s bicycle law.

What Are the Responsibilities of Motor Vehicle Drivers?

Drivers must use due care when driving.

That includes watching out for other vehicles, including bicycles, around them.

• Bicyclists typically ride on the right side of the lane, except in certain circumstances such as when passing, when making a left turn, or when necessary to avoid road hazards,
• Drivers should assume the bicyclist intends to move forward in an intersection unless they have signaled that they are turning. Drivers who fail to yield when making turns often cause accidents.
• According to Florida law, when passing a bicycle, a motor vehicle driver must allow a minimum of 3 feet between the bicycle and the motor vehicle. The driver should pass on the left and only return to the right when there is a safe distance between them and the other vehicle.
• A “Share the road” sign may be present if the road is too narrow for both bikes and cars in one lane. In those circumstances, the bicyclist has the full use of the lane, and motorists may only pass if it is safe.
• Motorists should watch out for hazards such as uneven pavement, rubbish, and drain grates, as bicyclists may have to avoid road hazards.
• Always be especially careful around children who are riding bicycles. They may make sudden and unexpected maneuvers.

Lawsuits Resulting From Road Bicycle Accidents

In a bicycle accident lawsuit, a key issue is whether the negligence of another person or entity caused the accident and the resulting injuries. The injured person must establish that the defendant owed you a “duty of care”, that they breached this duty of care either by an action or omission, that the opposing party was at fault for the collision which caused your injuries, and that, consequently, you suffered damages. Examples of driver negligence may be violating traffic laws and signals. Other parties may have liability arising from a defective bicycle, difficult bicycle lanes, or badly maintained roads.

No two bicycle accidents are the same. It is important to have as much compelling evidence, such as official law enforcement reports, videos, pictures, or witness testimony, as possible to establish who was at fault.

What Compensation Might the Court Award?

If you have suffered an injury from a bicycle accident, compensation might include:

• The costs of medical care arising from the crash, including continuing medical care
• Lost wages and loss of future earning ability
• Pain and suffering
• Mental or emotional distress
• Losses related to permanent injuries
• The cost of counseling or psychiatric treatment resulting from the accident
• Loss of affection, companionship, or consortium
• Expenses related to therapy or rehabilitation. This may include vocational retraining in some cases.
• Long-term medical care or assistance with daily living.
• Compensation for wrongful death

What to Do if You Are Injured in a Crash With a Motor Vehicle

When biking, it is always good to have a cell phone, identification, and emergency contact information. If you have been in a crash, you need to obtain medical care right away.

You may think that your injuries are insignificant, but in some cases, symptoms do not appear until much later, so you should see a doctor as soon as possible.

• Call the authorities. Answer the law enforcement officer’s questions simply and honestly. If you do not know the answer, just say so. Don’t make things up. Ask how you can get a copy of the accident report. Even if the crash appears to be unimportant, an official police report may provide valuable evidence in the event of a lawsuit.
• Get to a safe place. Don’t take your bike home and have it repaired. Allow those investigating the accident to see it in the damaged condition.
• Get the contact information for the driver and any witnesses.
• Take pictures of the surrounding area, road conditions, any nearby traffic signs or signals, your injuries, the damage to your bicycle and other vehicles.
• Do not apologize or admit fault. Avoid posting pictures or comments about the incident on social media sites as it may be detrimental to your case.
• Make no statements to others and do not sign a waiver or release until you speak with an attorney.