Florida's Alarming Rate Of Cycling Deaths

Florida's warm climate and flat terrain make it good country for cycling, and also one of the harder places in the United States to ride safely. The Florida Department of Highway Safety and Motor Vehicles publishes the current crash, injury and fatality counts, by year and by county, on its crash dashboard.

The high rates of cycling-related fatalities in Florida are a pressing concern, but there’s hope for improvement. Keep reading to learn how we work towards making Florida's roads safer for all cyclists and what to do if you’re ever in an accident.

Road accident with injured cyclist and car

Alarming Rates Of Cycling Deaths In Florida

As the popularity of cycling continues to rise, so does the concern over cyclist safety. The high rates of cycling-related fatalities in Florida are causing alarm among public health officials, cyclists, and safety advocates.

The 3-Foot Passing Law

Florida Statute 316.083(2) requires a driver overtaking a bicycle in the same travel lane to pass at a distance of not less than 3 feet, and where that cannot be done safely, to stay behind the bicycle until it can. Florida Statute 316.083(3) applies the same 3-foot minimum where the cyclist is riding in a bicycle lane. The requirement does not apply where the cyclist is in a separated bicycle lane, under Florida Statute 316.083(4). Most bicycle accidents that start as a close pass are a violation of this section.

A violation of Florida Statute 316.083 is a noncriminal traffic infraction punishable as a moving violation under Florida Statute 316.083(6). The ticket rarely matches the harm done, but the citation and the statute together give an injured cyclist a fixed standard of care to point at in a civil claim.

Causes Of Bicycle Accidents In Florida

One of the most common causes of bicycle accidents is an unsafe lane change by a motor vehicle. This usually occurs when a motorist fails to check their mirrors or blind spot for bicyclists before changing lanes. In such cases, the driver may collide with a bicyclist traveling in the same direction.

Another common cause of accidents is motorists' failure to watch for bicycles, especially when turning. Motorists can’t anticipate a bicyclist's speed or path, which can lead to a collision. This problem can be mitigated by motorists looking twice before turning and being aware of their surroundings, especially in areas frequented by bicyclists.

Motorists who drive too close to bike lanes or on the side of the road can pose a significant risk to bicyclists. A car entering a bike lane forces cyclists to swerve, which can lead to dangerous situations. Showing consideration for bike lanes is important, and motorists should always maintain a safe distance from these designated areas.

A driver looking at a phone does not see a cyclist at all, which is why distraction turns up so often in these crashes. Florida Statute 316.305, the Florida Ban on Texting While Driving Law, makes it illegal to manually type or read text on a handheld device while driving. Florida Statute 316.305(2) states the Legislature's purposes plainly: improving roadway safety for bicyclists and other road users, and authorizing officers to stop vehicles and cite drivers who are texting. That statement of purpose is worth quoting in a distracted driving claim.

Impact Of Cycling Deaths On The Community

Cycling fatalities have far-reaching implications, affecting the immediate circle of the deceased and the wider community. These impacts span emotional, psychological, economic, public health, and societal aspects.

Emotional And Psychological Impact

The sudden loss of a community member often leaves a void and causes grief and sorrow among the residents. The tragedy is all the more poignant when the victim is a well-known or beloved community figure.

The frequency of such fatal accidents can cause anxiety and fear, especially among fellow cyclists. This fear can be so strong that it discourages people from cycling, causing them to abandon an activity they may have previously enjoyed or relied on for their commute. The effects of this fear can lead to a community-wide decline in cycling, impacting overall lifestyle habits.

Economic Impact

Direct costs emerge in the form of medical bills, emergency services, and funeral expenses. However, the indirect costs are often more substantial, manifesting as lost productivity due to premature death and long-term disability resulting from accidents.

Additionally, frequent cycling accidents can lead to increased insurance premiums. The rise in premiums can financially strain households, creating additional economic pressure. This financial burden can further exacerbate the community's loss and frustration.

Impact On Community Cohesion

These accidents can create divisions between cyclists and motorists, often leading to a blame game. Such divisions can foster an environment of tension and conflict, disrupting the harmony within the community.

In the wake of cycling tragedies, communities may witness protests or activism demanding safer roads and better infrastructure. While these actions are aimed at positive change, they can also highlight the existing divisions and tensions within the community.

Initiatives And Solutions To Improve Cyclists’ Safety

Improving cyclists' safety is a multifaceted issue that requires concerted efforts from various sectors. Several initiatives and solutions can be implemented to enhance cyclists' safety.

Advocacy For Improved Infrastructure And Bike Lanes

Creating separate bike lanes is a fundamental step towards enhancing cyclists' safety. Dedicated lanes for cyclists provide a safe space for them to ride, separate from motor vehicle traffic. This reduces the likelihood of car collisions and gives cyclists the confidence to ride without fear of encroaching traffic.

Protective barriers between bike and car lanes provide a physical buffer between cyclists and vehicles, significantly reducing the risk of accidents. They can be particularly effective on busy roads or at intersections with a high risk of collision.

Improving road conditions can include ensuring roads are well-paved to eliminate potholes and other hazards that can cause cyclists to fall or swerve in traffic. Good lighting and clear road markings are also important for improving visibility and guiding cyclists and motorists.

Intersections are often hotspots for accidents between cyclists and motorists due to the complex navigation involved. Special intersection designs, such as protected intersections and bike boxes, can provide safer spaces for cyclists to cross or turn.

Education And Awareness Campaigns

Raising awareness and educating motorists and cyclists about road-sharing rules and safety measures is important. The aim is to promote respect and understanding between all road users. Some ways to raise this awareness include:

  • Promote bicycle safety through educational programs and materials.
  • Conduct traffic safety campaigns to increase awareness of bicycle safety.
  • Encouraging helmet use. Florida Statute 316.2065(3)(d) already requires a properly fitted and securely fastened helmet meeting 16 C.F.R. part 1203 for any rider or passenger under 16.
  • Educate motorists about sharing the road with bicyclists.
  • Provide information on safe bicycling, such as using hand signals and staying visible at night.
  • Work with local communities to organize bicycle safety events and workshops.

Enforcing Traffic Laws And Penalties For Drivers

Stricter enforcement of traffic laws and regulations can deter dangerous behaviors like speeding, distracted driving, or failing to yield to cyclists. Some initiatives that can help include:

  • Police should prioritize policing areas with high bicycle activity and hold drivers accountable for violations.
  • More severe penalties, such as fines or license suspension, can discourage motorists from engaging in risky behavior around bicyclists.
  • Work with local organizations to develop programs that educate bicyclists and motorists about how to share the road safely.
  • Support legislation that strengthens bicycle safety laws and ensures that violations are taken seriously and result in appropriate consequences.
  • Invest in installing bike lanes and paths to separate bicyclists from motor vehicles.

Consequences For Motorists Behind The Wheel

Leaving the scene is where Florida is hardest on drivers. Under Florida Statute 316.027(2)(a), willfully leaving a crash that caused injury short of serious bodily injury is a third-degree felony. Under Florida Statute 316.027(2)(b) it is a second-degree felony where the crash caused serious bodily injury, and under Florida Statute 316.027(2)(c) it is a first-degree felony carrying a 4-year mandatory minimum prison term where it caused a death. A driver who stays and cooperates faces a narrower set of charges, which turn on the level of negligence or recklessness involved.

In addition to criminal charges, motorists who cause cycling injuries can also face civil liability. This means they can be held financially responsible for the damages and injuries caused to the injured cyclist. This can include medical bills, lost income, pain and suffering, and other related expenses.

Hire A Personal Injury Lawyer Today

The aftermath can be overwhelming when you're involved in a road-related accident. Between dealing with physical injuries, emotional trauma, medical bills, lost wages, and negotiating with insurance companies, it's a stressful time when you should be focusing on recovery. That is where a personal injury lawyer takes the claim off your desk. Weinstein Legal Team's lawyers deal with the insurer, pull the crash report and the medical records, and pursue the damages Florida law allows. The clock is short: under Florida Statute 95.11(5)(a), a negligence claim arising from a crash after March 24, 2023 must be filed within two years, and a wrongful death claim runs two years under Florida Statute 95.11(5)(e).

Whether you're a cyclist involved in an accident, a pedestrian hit by a car, or a driver injured due to someone else's negligence, you don't have to go through this alone. Contact Weinstein Legal Team  Team today to speak with a personal injury lawyer about your case. Tell us what happened and we will tell you what the claim looks like and which deadlines are already running.

Justin Weinstein
Justin Weinstein Founding Partner

Justin Weinstein, the Founding Partner of Weinstein Legal Team, earned his Juris Doctor from Nova Southeastern University and was admitted to the Florida Bar in 2012. Since establishing his practice in Fort Lauderdale, FL in 2016, he has expanded the firm with offices in West Palm Beach, Orlando, and, most recently, Naples.

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