Special Rules in Pedestrian and Bicycle Accidents
Pedestrians and bicyclists enjoy the health and environmental benefits of walking or cycling around the beautiful areas of Florida. But when a traffic accident occurs, these individuals are particularly vulnerable to serious injury. Florida law recognizes the increased risk for those on foot or bike and offers specific protections to help them access the recovery they need after an accident.
If you’ve been injured as a pedestrian or cyclist, connect with a Port St. Lucie Personal Injury Lawyer. Attorneys are available to inform you of your legal rights and talk to you about your recovery options.
The Right to Use the Road and Accident Compensation
Under Florida law, both pedestrians and cyclists are granted the right to use public roads, though they must follow certain rules. Cyclists are generally expected to ride with traffic and obey traffic signals, while pedestrians should use sidewalks and crosswalks when available. Motorists are required to yield to pedestrians in crosswalks and give cyclists at least three feet of clearance when passing. When a driver fails to uphold these duties and causes an accident, they may be held liable for the injuries that result.
Should a person be in an accident but not riding in a vehicle, they may still qualify for PIP benefits. Pedestrians and cyclists can typically access PIP if they own a car and have PIP coverage or if they live with a relative who does. This is because Florida is a no-fault state, which means that after a car accident, injured parties typically seek compensation first from their own insurance coverage. But if no applicable PIP coverage is available, they may be able to seek compensation directly from the at-fault driver’s insurance policy.
Time Limits Matter
When injuries are severe or exceed the limits of PIP, injured pedestrians and cyclists can file a personal injury claim against the at-fault driver. But it’s important to recognize that Florida law gives injured parties a limited window to pursue legal action. You typically have two years from the date of the accident to file a personal injury lawsuit. Failing to act within this time frame can mean losing your right to seek recovery entirely.
Even if you were crossing outside of a crosswalk or not wearing a helmet while cycling, you may still be able to recover compensation. Florida follows a modified comparative negligence system, which means your compensation could be reduced based on your percentage of fault, but not barred completely unless you are found to be more than half responsible for the event.
Getting support early is key to protecting yourself from undue loss. An experienced Port St. Lucie Personal Injury Lawyer can help determine the full extent of your damages. They have the expertise to negotiate with insurance companies to secure the compensation you deserve.
Who is informing you of your rights as a Port St. Lucie, Fort Pierce, Stuart, or Vero Beach pedestrian or cyclist? Contact the attorneys at Leifer & Ramirez to learn about your rights if you were injured in a traffic incident but you weren’t in a vehicle. Reach out today, call 561-660-9421.
