Determining Fault in a Florida Bike Accident

Let our Tampa bicycle accident attorneys gather the facts and build your case

Florida’s warm weather and bike-friendly terrain make cycling a popular mode of transportation. However, bicycle accidents are unfortunately common here. Since Florida is a “no-fault” state, you may be able to seek damages from your personal injury protection (PIP) insurance, regardless of who was at fault.

But what happens when your medical expenses, lost wages, property damage, and pain and suffering exceed your PIP limits? In this case, you’ll need to step outside the no-fault system and seek damages from the at-fault driver’s insurance company.

This requires a burden of proof that the driver was at fault. The Tampa bicycle accident lawyers at Armando Personal Injury Law know how to gather the facts to establish fault and hold responsible parties accountable.

What factors determine fault in a Tampa bike accident?

Driver negligence is the leading factor our Tampa attorneys will look for when investigating your bicycle accident. This can include behaviors such as distracted driving, speeding, failure to yield, and disregarding traffic signals. If a motorist is found to be negligent, they will likely be held primarily responsible for your damages.

How does Florida's comparative negligence law affect bike accidents?

Florida operates under a comparative negligence system, which means that fault can be distributed among all parties involved based on their contributions to a bicycle accident. Insurance companies often take advantage of this rule and try to shift the blame to reduce their payout.

For example, they may claim that you’re 20% at fault for failure to signal a turn. If you’re found 20% at fault and your damages equal $100,000, you would only be eligible for $80,000.

Our Tampa bicycle accident lawyers won’t let the insurance companies use their tactics against you. We’ll leave no stone unturned when investigating your bicycle crash and gathering the facts to clearly establish fault.

What role do Florida’s traffic laws play in determining fault?

Florida’s traffic laws are designed to protect both drivers and bicyclists, but they also play a role in determining fault in the event of a bicycle accident. When drivers violate traffic laws, they can be found at fault.

For example, if a motorist fails to observe the three-foot passing law—which requires drivers to maintain a minimum of three feet of clearance when overtaking a bicyclist—the driver could be liable for a resulting crash.

Don’t give the insurance companies an advantage over you

Being injured in a bicycle accident is already devastating as it is. Whether you suffered broken bones, a spinal injury, or a traumatic brain injury, the last thing you need is to deal with an insurance company that seeks to take advantage of you.

An experienced pedestrian accident lawyer at Armando Personal Injury Law can help you fight back. We have extensive experience handling bike accident cases just like yours. We’ll gather the facts, build a strong case, and negotiate with insurance companies on your behalf. You only have to focus on your recovery.

We understand that the outcome of your case can have a significant impact on your life, and we will work tirelessly to achieve the best possible result. To learn how, contact us online or call us to set up a free, confidential case consultation. There’s no obligation to hire us, just honest answers to your questions.

Plus, we work on a contingency fee basis, so you don’t have to pay any money upfront for our services. We only get paid if we recover compensation on your behalf, and our fee is a percentage of the recovery. Schedule a free consultation to learn more about how we can help with your potential legal case.