Navigating the Aftermath of a Bicycle Accident

By Lorne Kaiser & Steven Romanello, Kaiser Romanello, P.A. | Florida personal injury attorneys since 2002 | Serving all of Florida

Prioritize Safety and Get Help

Your health comes first. If you can, move out of traffic to a safe spot and check yourself for injuries. Call 911 — Florida law requires reporting a crash that causes injury or significant property damage (Fla. Stat. §316.065), and the police report becomes important evidence.

See a doctor promptly even if you feel "okay." Adrenaline masks serious injuries like concussions and internal trauma, and prompt treatment both protects your health and creates the medical record your claim depends on. It also protects your PIP benefits (see below).

Document the Scene Thoroughly

If it's safe, gather evidence before it disappears:

• Photograph your bicycle, the vehicle involved, your injuries, and the surrounding area — road signs, signals, lane markings, and lighting.
• Get the driver's name, contact, and insurance information, plus the license plate.
• Collect names and phone numbers of any witnesses — independent accounts are especially valuable in bicycle cases, where drivers often claim they "never saw" the rider.
• Preserve your damaged bike, helmet, and clothing exactly as they are; don't repair or discard them.

Know Your Rights as a Cyclist — and Who Pays

Two things surprise most injured cyclists in Florida. First, a bicycle has the rights and duties of a vehicle under Florida Statute §316.2065 — you are a legitimate user of the road, and a driver who fails to yield or drives carelessly can be held responsible. Second, and just as important, is how the insurance works:

• PIP follows the person, not the bike. A bicycle carries no PIP of its own, but you likely do. If you own a car, your own auto PIP (up to $10,000, paying 80% of medical bills and 60% of lost wages) covers you even while cycling. If you don't own a car but live with a relative who does, that relative's PIP applies. If neither exists, the PIP of the vehicle that struck you covers you. To keep these benefits, you generally must seek treatment within 14 days (Fla. Stat. §627.736).
• Serious injuries let you step outside no-fault. Because bike-versus-car injuries are often severe, they frequently meet Florida's serious-injury threshold (§627.737) — a permanent injury, significant permanent scarring, or permanent loss of an important bodily function — which lets you pursue the at-fault driver's bodily-injury coverage for the full value of your claim, including pain and suffering.
• UM/UIM can fill the gap. If the driver has too little insurance or none (or fled), your own uninsured/underinsured motorist coverage may apply.

Avoid These Common Mistakes

• Don't admit fault or speculate. A casual "I didn't see the car" can be twisted into an admission under Florida's comparative-negligence rules.
• Don't give a recorded statement to the driver's insurer — or even your own — before getting legal advice. Those calls are used to minimize your claim.
• Don't delay medical care. Waiting past 14 days can cost you PIP benefits and weakens the link between the crash and your injuries.
• Don't post about the crash on social media. Insurers mine posts and photos to dispute injuries.

On comparative fault: under Florida's modified rule (§768.81, as amended by HB 837), a rider who is 50% or less at fault can still recover, reduced by their share; more than 50% bars recovery. And on helmets — Florida requires bicycle riders under 16 to wear one, but for an adult, not wearing a helmet does not automatically bar a claim, though an insurer may raise it.

Act Promptly to Preserve Evidence

Time is critical. Skid marks fade, traffic and business-surveillance footage is recorded over, and witness memories blur. An attorney can move quickly to send preservation letters, obtain the police report, secure any nearby video before it's gone, and interview witnesses while accounts are fresh. Serious head injuries may become a traumatic brain injury claim, and a fatal crash may give the family a wrongful-death claim — both need early, careful investigation.

How Kaiser Romanello Helps Florida Cyclists

Our Florida legal team handles bicycle-accident cases across the state. We identify every applicable insurance policy, work with medical professionals to document serious injuries, deal with the insurers so you can focus on healing, and pursue medical expenses, lost wages, and pain and suffering. Consultations are free, and there is no fee unless we recover for you. For our full practice, see our Florida bicycle accident page, or our car accident practice for crashes involving motor vehicles.

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Frequently Asked Questions

This information is for general educational purposes only and is not legal advice. Every case is unique, and prior results do not guarantee a similar outcome. Reading this page does not create an attorney-client relationship. Coverage and deadlines vary by policy and facts. For guidance on your situation, contact a Florida bicycle accident attorney at Kaiser Romanello, P.A. Contact us at (844) 877-8679. Kaiser Romanello, P.A., 11555 Heron Bay Blvd., Suite 200, Parkland, FL 33076.