Bicycle accident attorney, Melbourne FL Hit while riding your bike?
Cyclists have every right to the road in Florida. When a driver ignores that, Renee Dial represents injured riders in Melbourne, Palm Bay, and across Brevard County.
Your rights on the road
Cyclists have the same rights.
In Florida a bicycle is legally a vehicle, so a cyclist has the same rights and duties as a driver, and a driver who hits one can be held responsible for the injuries.
Whether it happened on the causeway, along A1A, or in a neighborhood crosswalk, the driver’s insurer will look for a way to blame the person on the bike. Renee has worked these claims for years.
- Identifies which auto policy pays your medical bills first
- Documents the bike, your gear, and the crash scene
- Deals with the driver’s insurance company for you
- Pursues the at-fault driver when your injuries are serious
After a bicycle crash
Six things worth doing.
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Call 911
Get police and medical help to the scene, even if you think you can ride home.
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See a doctor within 14 days
If PIP coverage applies to you, it generally requires initial care within 14 days.
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Photograph the scene
The car, your bike, the road, and any signs or signals nearby.
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Get the driver’s details
Name, plate, and insurance, plus contact information for witnesses.
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Keep the bike as it is
Do not fix it yet. The damage is evidence.
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Call Renee
Find out which coverage applies before you speak with an adjuster.
Florida law in plain English
The rules that protect riders.
A bicycle is a vehicle
Florida law gives a person on a bicycle the same rights and duties as the driver of any other vehicle.
Source: Florida Statutes section 316.2065
Drivers must give you room
A driver passing a bicycle must leave at least three feet of space.
Source: Florida Statutes section 316.083
PIP can cover a cyclist
If a car hits you while you are on a bike, PIP coverage can still pay medical bills. It generally comes from your own auto policy first, then a relative you live with, then the driver.
Source: Florida Statutes section 627.736
Fault is shared by percentage
Florida uses modified comparative negligence. Your recovery is reduced by your share of the blame, and if you are found more than 50 percent at fault you generally cannot recover damages.
Source: Florida Statutes section 768.81
You have two years
Most negligence claims in Florida must be filed within two years of the crash. Evidence fades much faster than that, so do not wait.
Source: Florida Statutes section 95.11
Google reviews
Word gets around.
After a crash
Straight answers. No runaround.
The questions Renee hears most from people in Melbourne and Palm Bay after an accident. This is general information about Florida law, not legal advice for your situation.
Ask ReneeAre bicycles allowed on the road in Florida?
Yes. A bicycle is legally a vehicle in Florida, and a cyclist has the same rights and duties as a driver.
How much room does a driver have to give a cyclist?
At least three feet when passing. A driver who cannot pass safely with that much room is supposed to wait.
Source: Florida Statutes section 316.083
Who pays my medical bills if a car hits me on my bike?
PIP coverage often applies even though you were on a bicycle. It generally comes from your own auto policy first, then a relative in your household, then the driver who hit you.
Source: Florida Statutes section 627.736
Does not wearing a bicycle helmet hurt my claim?
Not by itself. Florida requires helmets for riders under 16, and the statute says failing to wear one may not be treated as evidence of negligence.
How long do I have to file a claim in Florida?
Generally two years from the date of the crash. Florida shortened the deadline for negligence claims to two years for accidents on or after March 24, 2023.
Source: Florida Statutes section 95.11
Hurt in a crash in Brevard County?
Call your neighbor.
Tell Renee what happened. He will tell you where you stand and what he would do next.
(321) 926-8002