Skip to content
Who Is at Fault or Liable in a Bicycle Accident in Hialeah, Florida?
We Don’t Take “Low” for an Answer!
At Kaiser Romanello Accident and Injury Attorneys, we specialize in representing bicycle accident victims in Hialeah and across Florida. Determining fault in these cases is often contentious, as cyclists are vulnerable on roads shared with much larger vehicles. Florida’s modified comparative negligence rule means even partial fault can reduce your compensation, but if you’re less than 51% responsible, you can still recover damages proportionally. In Hialeah, with its dense traffic and bike lanes along streets like West 49th Street, accidents frequently stem from driver negligence. This blog breaks down liability factors to help you understand your rights. Call us at 844-877-8679 if you’ve been injured—we offer free consultations.
Understanding Negligence and Fault
Fault in bicycle accidents is determined by negligence: who failed to exercise reasonable care? Drivers owe cyclists the same duty as other road users under Florida Statute 316.083, which requires safe passing and yielding.
- Common Driver Liabilities: Most accidents (over 80% per Florida stats) involve motorist errors like failing to yield at intersections, dooring cyclists, or distracted driving (e.g., texting).
- Cyclist Responsibilities: Bicyclists must follow traffic laws, such as signaling turns and using lights at night. Violating these, like running a red light, could assign partial fault.
- Third-Party Factors: Poor road maintenance (potholes) or defective bike parts might implicate municipalities or manufacturers.
Evidence and Florida's Rules
Florida uses evidence like police reports, witness statements, and traffic cam footage to assign fault. In a no-fault state, initial claims go through PIP, but for serious injuries, you can sue the at-fault party.
- Gathering Evidence for Fault: Photos of skid marks, vehicle positions, and injuries help. Expert reconstructions can prove speed or visibility issues.
- Comparative Negligence in Action: If you're 20% at fault (e.g., no helmet), your $100,000 award drops to $80,000.
- Helmet Laws Impact: Florida doesn't require helmets for adults, but not wearing one might argue contributory negligence in head injury cases.
For more information on Hialeah bicycle accident lawyers and fault determination services, visit our dedicated page here.
Hialeah-Specific Scenarios and Multi-Party Liability
In Hialeah-specific scenarios, liability often hinges on bike lane rules. Drivers must not encroach on marked lanes, per Florida law.
- Multi-Party Liability: If a drunk driver hits you, both the driver and bar (under dram shop laws) might be liable.
- Government Immunity Challenges: Suing for faulty roads requires proving notice of defects—our firm has experience here.
- Insurance Company Tactics: Insurers may shift blame to minimize payouts; we counter with thorough investigations.
Real-world example: We represented a Hialeah cyclist sideswiped by a turning truck. Evidence showed the driver ignored the bike lane, leading to a settlement covering surgeries and rehab.
Empowering Victims
Understanding liability empowers victims. Florida’s two-year statute means acting fast is essential.
To get in contact with an experienced lawyer and submit your details, click here to access our contact form.
If fault seems unclear, don’t assume—you deserve justice. Contact Kaiser Romanello at 844-877-8679 today
Contact Us Today
Recent Victories for Clients
$5 Million
Negligent Security
$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
Additional Locations
Frequently Asked Questions
How to Pick a Personal Injury Lawyer in Florida?
How Much Do Personal Injury Lawyers Charge in Florida?
How Long Do Personal Injury Cases Take in Florida?
