Skip to content
The Importance of Timely Action After a Bicycle Accident
We Don’t Take “Low” for an Answer!
Kaiser Romanello, P.A. — Florida bicycle accident attorneys serving South Florida. Available 24/7 · No fee unless we win.
Quick answer: In most cases you have two years from the date of a Florida bicycle crash to file a personal injury lawsuit (Fla. Stat. §95.11, as shortened by HB 837 in 2023). Wrongful death claims also carry a two-year deadline. But some claims — especially those against a city or other government entity — require formal notice on a much shorter, stricter timeline. Miss the deadline and your claim is barred, no matter how badly you were hurt. Free 24/7 review: (844) 877-8679.
The Short Answer: Two Years
Florida's deadline to sue — the "statute of limitations" — is what decides how long you have to bring a bicycle accident claim.
One nuance: if your crash happened before March 24, 2023, the older four-year deadline may still apply. Because the cutoff turns on your specific date of injury, it is worth confirming with an attorney rather than guessing.
Call (844) 877-8679 — Free 24/7 Case ReviewWhen the Deadline Is Shorter or Different
The two-year rule is the starting point, not the whole story. Several situations change it:
- Claims against a government entity. If a city bus, a municipal vehicle, or a negligently maintained public road contributed to your crash, Florida law (Fla. Stat. §768.28) requires a formal written notice of claim well before the two-year mark, and the entity must be given time to respond before you can sue. Missing this notice step can end an otherwise valid claim.
- Injured minors. Special rules can pause or extend the deadline when the injured cyclist is a child, though limits still apply. A parent should never assume there is unlimited time.
- Incapacity. If the injured person is legally incapacitated, the deadline may be tolled (paused) in some circumstances.
Why You Shouldn't Wait — Even With Two Years
Two years can feel like plenty of time. In practice, waiting quietly damages a bicycle claim:
- Evidence disappears. Traffic- and business-camera footage is often overwritten within days, skid marks fade, and the vehicle that hit you gets repaired.
- Witnesses forget. A driver who "didn't see" you is far easier to hold accountable when witnesses are found and interviewed quickly.
- The 14-day medical rule. If you have Personal Injury Protection through a household auto policy, you generally must seek treatment within 14 days to keep those benefits — a deadline that arrives long before the two-year mark. See our guide to Florida's 14-day PIP rule.
How Injured Cyclists Get Paid in Florida
A bicycle isn't covered by PIP the way a car is — but that doesn't leave you without options. Injured Florida cyclists commonly recover through:
- Your own auto PIP, if you own a car or live with a relative who does — it can follow you onto the bike for the first $10,000 of medical bills and lost wages.
- The at-fault driver's liability insurance, for injuries that meet Florida's serious-injury threshold.
- Your uninsured/underinsured motorist (UM/UIM) coverage, which is often critical when the driver who hit you carries little or no insurance.
Sorting out which policies apply is part of what we do on every case. Learn more on our Florida bicycle accident page and our guide to what to do after a bicycle accident.
Fault and Comparative Negligence
Drivers and their insurers often try to blame the cyclist. Because that blame directly cuts your recovery, it is worth contesting.
Florida Bicycle Accident Deadline FAQ
How long do I have to file a bicycle accident claim in Florida?
Generally two years from the date of the crash for injuries occurring on or after March 24, 2023, under Fla. Stat. §95.11 (HB 837). Wrongful death claims also have a two-year deadline. Claims against government entities require notice on a shorter timeline.
What happens if I miss the deadline?
If you file after the statute of limitations expires, the court will almost always dismiss your case and you lose the right to recover — regardless of how serious your injuries are. That is why confirming your deadline early matters.
Is the deadline different if a city or government vehicle was involved?
Yes. Claims against a government entity require a formal written notice of claim under Fla. Stat. §768.28 on a much shorter, stricter timeline, and you generally cannot sue until the entity has had time to respond. These claims should be started as early as possible.
My child was hurt on a bike. Do we have more time?
Special rules can pause or extend the deadline for an injured minor, but limits still apply. Don't assume there is unlimited time — have the specific deadline confirmed by an attorney.
How much does a bicycle accident lawyer cost?
Nothing up front. We work on a contingency fee, so you pay a fee only if we recover compensation for you. The consultation is free and available 24/7.
Talk to a Florida Bicycle Accident Attorney
If you or a loved one was injured in a Florida bicycle crash, don't let the deadline decide your case. Reach out for a free, confidential review. We are available 24 hours a day, 7 days a week, and there is no fee unless we win.
Call or text: (844) 877-8679 · Email: info@injurymatters.com
Serving Broward, Palm Beach, and Miami-Dade counties. Explore our Florida bicycle accident services.
Contact Us Today
Recent Victories for Clients
$5 Million
Negligent Security
$4 Million
Truck Accident
$1 Million
Ride Share
$1 Million
Car Accident
“Kaiser Romanello changed my life. They are The Dream Team! Could not recommend them anymore! If you want to get the most money for your personal injury claim call Kaiser Romanello today!”
-Lu R
Former client
“l just got off the phone with Mr. Loren Kaiser for a free consultation and he was absolutely amazing. He was extremely helpful, detail oriented and did not add any “rushed” feeling to the phone call. If I have anything substantial to move forward with, I will proudly utilize this law office. Thank you, Mr. Kaiser, for your help, input and advice! It is greatly appreciated.”
-Trina R
Former client
“Steve and his partner are just very knowledgeable, amazing client service, Steve it is the kind of persons who loves what he is doing, he went about and beyond his lawyer responsibilities in my case, they care about you, If you are looking for professionals at the highest levels, use their services. Not only you will be represented by top lawyers, but you feel like part of the family. Thanks for everything, God bless you.”
-Carlos V
Former client
