Miami Accident Lawyer Blog
Whether you bike for fun, exercise, or transportation, it is important to realize the risks of bicycle accidents around busy cities like Miami. The National Safety Council (NSC) reports that bicyclist fatalities increased 37% from 2015 to 2024, and bike crash injuries were also on the rise. Florida law does protect your rights as a victim, but your claim hinges on proving negligence: The motorist caused the collision by breaching the duty to drive safely, and you suffered losses as a result.
Your Miami bicycle accident attorney will explain the legal process to seek compensation through an insurance claim, settlement, or litigation. Some information about driver negligence in these crashes helps you understand the basics of the laws.
Distracted Driving and Bicycle Crashes
A driver who checks their phone may never see a cyclist in the bike lane. Florida law bans texting while driving, and that violation can help show negligence. To prove phone use, your attorney can request cell phone records, showing calls, texts, and related activities around the crash time.
Failure to Yield and Unsafe Passing in Miami
Drivers in Miami must follow right-of-way rules and give cyclists room on the road. Florida law requires drivers to leave at least three feet of space when passing a bicycle. A driver may be breaking the law by:
- Clipping a rider while passing
- Turning across a bike lane
- Ignoring a stop sign
Breaking a traffic law can be strong proof of negligence. Police reports, citations, skid marks, and vehicle damage patterns can show that the driver failed to yield or passed too closely.
Dooring Accidents and Driver Liability
In busy Miami areas with street parking, drivers and passengers commonly open a car door into a cyclist’s path because they are not paying attention. Florida law says no one may open a vehicle door into traffic unless it is safe to do so. In many dooring cases, the person who opened the door is at fault. Photos of the open door, the bike’s damage, and the rider’s injuries can help. Witness statements and the parked car’s location also matter when proving who was responsible.
Gathering Evidence to Prove Driver Negligence After a Miami Bicycle Accident
As you can see, strong evidence turns an allegation about negligence into a provable case. After a bicycle accident:
- Gather photos of the scene, your injuries, and your damaged bike.
- Get the police report number and contact details for any witnesses.
- Ask nearby businesses to save security video before it is erased.
- Keep medical records and bills, since they link your injuries to the crash.
- Avoid posting about the accident online.
Contact a Miami Bicycle Accident Lawyer About Your Rights
Fortunately, you can trust an experienced bike crash law firm to handle evidence gathering and other important tasks for your injury claim. Our team at Gerson & Schwartz, PA, will protect your rights and fight for the compensation you deserve. Please call (305) 371-6000 today to set up a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.