Cycling in the wrong direction, often called "salmon riding," can lead to dangerous situations for cyclists and motorists. When cyclists ride against the flow of traffic, they significantly increase the risk of accidents and injuries.
In cases of wrong-way cycling, determining liability for the accident can be a complex process, as both the cyclist and the motor vehicle driver can be held partially responsible. Traffic rules, road conditions, and visibility all feed into how that fault is split. An injured cyclist in Florida can still recover, but the award is cut by the cyclist's own share of the fault, and a cyclist found more than 50 percent at fault recovers nothing under Florida Statute 768.81(6).
Understanding Bicycle Accident Liability
Determining fault in wrong-way accidents involving cyclists is critical to personal injury claims. Liability can involve multiple parties, including motorists, bicyclists, and pedestrians. If a motorist's negligence, such as running a red light or disregarding the right of way, caused the accident, they may be held liable for the cyclist's injuries.
However, a cyclist's negligence, such as riding against moving traffic or disregarding the right of way, can also affect their personal injury claim and the compensation they may be entitled to.
Negligence and Rules of the Road
Fault in a bicycle accident turns on negligence. To prove negligence, one must prove the following elements:
- A duty of care is the legal duty to exercise reasonable care to prevent harm to others.
- A breach of duty is the failure to exercise that required standard of care.
- Causation means the breach of duty directly caused the bicycle accident.
- Damages means the victim suffered injuries or losses because of the accident.
Traffic law is what sets the standard of care on both sides. Under Florida Statute 316.2065(1), a person riding a bicycle has all of the rights and all of the duties of the driver of any other vehicle. That is why riding against traffic counts against a cyclist: Florida Statute 316.081(1) requires a vehicle to be driven on the right half of the roadway, and Florida Statute 316.2065(5)(a) requires a cyclist moving slower than traffic to ride in the bicycle lane or, where there is none, as close as practicable to the right-hand curb or edge.
Bicyclist and Motorist Duties
Both cyclists and motorists must follow the traffic rules to ensure road safety. The common duties of cyclists and motorists include
- Obeying traffic signs and signals
- Yielding the right-of-way to other vehicles and pedestrians
- Maintaining a safe and appropriate speed
- Exercising due care to avoid collisions
Florida uses modified comparative negligence. Fault is divided between the cyclist and the motorist, and each side's damages are reduced by its own percentage, so a cyclist found 50 percent at fault for riding against traffic recovers half. One percent further and the claim is gone: Florida Statute 768.81(6) bars any recovery by a party found more than 50 percent at fault for his or her own harm.
Legal Options and Procedures
If you’ve sustained injuries while biking the wrong way, your case may be challenging, but that doesn’t mean you aren’t entitled to compensation for your injuries. Here is how the legal process will typically work after a bicycle accident.
Filing a Personal Injury Claim
If you have been injured by a vehicle while riding your bicycle in the wrong direction on the road, one of the legal options you should consider is filing a personal injury lawsuit against the at-fault driver. It's important to gather evidence as soon as possible after the accident, such as photos from the scene, witness statements, and a police report, if available.
It's strongly recommended that you consult a personal injury lawyer who can assess your case and advise you on the best course of action.
Insurance Claims Process
Another important aspect of the legal process is filing a claim with the at-fault driver's insurance company. First, inform the insurance company of the accident and provide them with the necessary details, such as the date and location of the incident, the at-fault driver's details, and your injuries. The insurance company will investigate the claim, examine the evidence, and determine liability. In some cases, they may offer a settlement.
Be careful with the insurance company. The adjuster's cheapest route is to push your share of the fault above 50 percent, because at that point Florida Statute 768.81(6) pays you nothing, so expect the wrong-way riding to be the centerpiece of their file. The help of an experienced personal injury attorney is invaluable during this process, as they can help you negotiate fair compensation and protect your rights.
Statute of Limitations and Legal Deadlines
If you're filing a personal injury lawsuit or insurance claim, it's important to be aware of the statute of limitations and statutory time limits that apply to your case. The statute of limitations is the deadline by which you must file a claim or lawsuit, and it varies by jurisdiction. If you miss the statutory deadline, this may limit your ability to claim compensation.
In Florida the deadline is 2 years. Florida Statute 95.11(5)(a) gives you 2 years from the date of the crash to file a negligence suit for a cause of action accruing on or after March 24, 2023. Miss it and the claim is barred no matter how strong the facts are, so speak to a personal injury attorney well before the date arrives.
Proving Negligence In A Bicycle Accident
Riding against traffic is a factor in apportioning fault, but it does not decide the case. The claim still turns on proving the driver's negligence, and the more of it you can prove, the smaller your own share becomes. This section discusses the importance of a police report and gathering evidence and witnesses to prove negligence.
The Importance of a Police Report
A police report is one of the strongest pieces of proof of negligence in a bicycle accident. It documents key details of the accident, witness statements, and the officer's assessment of fault. A copy of the report written at the scene is often the document the whole liability fight is argued over.
In some cases, the report may indicate that the motor vehicle driver was negligent even though the cyclist was traveling in the wrong direction. Insurance companies often rely on police reports to determine liability, so it is critical to your claim that it is accurate.
Gathering Evidence and Witnesses
The report is not the only record that matters. Collect and preserve the following at the scene:
- Photograph the accident scene, including damage to your bike and to the motor vehicle, road signs, skid marks, and the surrounding area. Those photos help show how the accident happened and how bad the damage was.
- Get contact details for any witnesses who saw the accident. Their statements give an unbiased account of the incident and help clarify details in your claim.
- See a doctor immediately after the accident, even if your injuries appear minor, and document your injuries, treatments, and medical expenses to prove the impact of the accident on your well-being.
- Keep a record of your bike's condition after the accident. An expert can analyze the damage to determine the cause of the crash and the speed of the parties.
Gathering and organizing this evidence can strengthen your case to the insurance companies and, if necessary when making your claim in court. Although driving in the wrong direction can be a factor in determining fault, proving the motorist's negligence can significantly affect the outcome of your compensation claim.
Types of Injuries and Medical Evaluations
Common injuries in such accidents are broken bones, concussions, neck and back injuries, or cuts.
Get examined and get it written down. Under Florida Statute 627.736(1)(a), personal injury protection pays medical benefits only if initial services and care are received within 14 days of the crash. The records from that first visit, and the ones that follow, are what a claim for medical expenses is built on.
Calculating Damages for Compensation
The claim for damages may involve various costs incurred as a result of the accident, such as
- Medical bills: This includes the cost of initial care, follow-up appointments, and ongoing treatment.
- Lost wages: the amount an injured person would earn during recovery.
- Pain and suffering: Compensation for the physical and emotional pain suffered by the injured cyclist.
How much a claim is worth depends on the severity of the injuries, the cyclist's own percentage of fault, and the insurance available to pay it.
Dealing with Insurance Post-accident
A cyclist struck by a car in Florida is usually covered by personal injury protection even though no bicycle is insured. Under Florida Statute 627.736(4)(e)1., a cyclist who owns an insured vehicle claims PIP from their own auto policy for injury sustained while not an occupant of a self-propelled vehicle where the injury came from contact with a motor vehicle. A Florida resident who does not own a vehicle subject to the insurance requirement claims instead against the striking vehicle owner's PIP under Florida Statute 627.736(4)(e)4. PIP pays 80 percent of reasonable medical expenses, up to $10,000 where a qualified provider has determined there was an emergency medical condition and $2,500 where one has not. Health insurance and the at-fault driver's liability coverage sit behind that.
In some cases, the insurance companies can negotiate a fair settlement for both parties, considering the percentage of liability shared between cyclists and motorists.
Recovery and Ongoing Medical Costs
Recovery from these injuries can take months of physical therapy, ongoing treatment, or prescription medication. It is important that the injured party keep detailed records of all medical expenses, treatments, and recommended actions related to their injuries.
That documentation is what substantiates a compensation claim, which may include current and future medical expenses, depending on the nature of the injury and the long-term impact on the cyclist's overall health.
Speak To A Bicycle Accident Attorney About Your Injuries
If you were hurt on a bicycle in Florida, the insurer is going to argue about your share of the fault, and Florida Statute 95.11(5)(a) gives you 2 years from the crash to file suit. Contact Weinstein Legal Team to talk through where your claim stands.
We'll work tirelessly to help you recover damages, including medical bills, lost wages, and compensation for pain and suffering. Give us a call at 888.626.1108 or click here to schedule a free, no-obligation consultation today.
