MIAMI BICYCLE ACCIDENT LAWYER
One moment, you’re enjoying a peaceful bike ride through Miami. Then, before you have time to react, you collide with a vehicle and your world is instantly turned upside down. This was the reality for over 900 bicyclists throughout Miami-Dade County in 2023.
If you or a loved one was injured in a bicycle crash, Payer Law Personal Injury Lawyers can help you seek the compensation you deserve. Florida’s new statute of limitations gives you only two years to file a claim, so it’s crucial to act quickly. Call or text us 24/7 at (305) 363-7099 for a free consultation with a Miami personal injury lawyer. There are no fees unless we win.
Reviewed by: James D. Payer
Table of Contents
- How Common Are Bicycle Accidents in Miami?
- Common Causes of Miami Bicycle Crashes
- Florida Bicycle Laws That Can Impact Your Claim
- Typical Injuries and Damages After a Bike Crash
- What To Do Immediately After a Miami Bike Accident
- What Happens During a Miami Bicycle Accident Claim
- Why Injured Cyclists in Miami Choose Payer Law
- Ready for Answers? Contact Payer Law Today
- Miami Bicycle Accident FAQs
How Common Are Bicycle Accidents in Miami?
In 2023, there were 972 crashes involving a bicyclist in Miami-Dade County. Those crashes caused 19 deaths and 902 injuries.
That’s an average of nearly three bike accidents every day in the Miami area. In comparison, roughly 18 bicycle crashes happen daily statewide. Crashes in Miami-Dade County account for almost 17 percent of incidents with bikes occurring throughout Florida.
Some parts of the city are particularly dangerous for bicyclists, including neighborhoods like Wynwood, Allapattah, and Model City. There’s also greater danger on certain roads, including Alton Road in Miami Beach, FL-934, US-27/NW 36th St., and also FL-9.
Why Miami Ranks Among the Nation’s Most Dangerous Cities for Cyclists
Miami ranks fifth in the nation for fatal bike crashes. These crashes increased by 28 percent from 2017 to 2021, which is significantly higher than the national average.
Approximately 95 percent of Miami-Dade County’s bike lanes are unprotected. The vast majority of bicyclist fatalities in the U.S. occur in bike lanes, so Miami’s road infrastructure might play a role in the high fatality rate.
Heavy tourism traffic could also contribute. Out-of-town drivers who are unfamiliar with Miami’s roads might be more focused on navigation than looking out for cyclists.
Also, Miami has many wide, high-speed arterial roads. Cyclists may have no choice but to use these roads and share the space with cars driving at dangerous speeds.
Common Causes of Miami Bicycle Crashes
A combination of human error and road conditions contributes to bike accidents in Miami, including:
- People getting behind the wheel after drinking in South Beach and causing drunk driving accidents
- Drivers opening their doors after parking along the street at Calle Ocho cafés without checking for cyclists
- Distracted rideshare drivers using their phones behind the wheel on Biscayne Boulevard
- Drivers making right-hook turns near Brickell bridges and failing to see oncoming cyclists
Both the driver and the cyclist may share fault for a bicycle accident. Florida’s comparative negligence law allows you to recover compensation if you’re less than 51 percent at fault for your injuries.
We encourage you to gather evidence at the scene whenever possible to demonstrate what caused the crash and who’s at fault. Readily available evidence may include photos, dashcam footage, and GoPro footage.
Cyclist vs. Driver: Who’s Really at Fault After a Crash?
The actions of both drivers and cyclists can contribute to a single bicycle accident. However, that’s not always the case. In 2021, nearly 83 percent of Florida’s fatal bicycle accidents resulted from driver error.
Despite this statistic, proving that the driver was at fault can be challenging. Insurance companies and courts might assign an unfair amount of fault to you. This is especially likely if you weren’t wearing proper safety gear.
Florida Bicycle Laws That Can Impact Your Claim
Florida law requires bicyclists and passengers under 16 to wear a properly fitted bicycle helmet. However, violating this law may not result in partial fault for the injured bicyclist. If your child suffered a head injury in a bike crash and they weren’t wearing a helmet, their compensation cannot be reduced on that basis under Florida’s comparative negligence law.
Other behaviors, such as riding on the wrong side of the road, might lead to partial fault. All cyclists riding below the speed of traffic are required to ride in the marked bicycle lane or as close as possible to the right-hand curb. Exceptions apply when:
- Overtaking and passing another bicycle or vehicle moving in the same direction
- Preparing to make a left turn
- Moving to avoid hazards, such as parked vehicles, animals in the road, or potholes
Motor vehicle drivers in Florida are required to carry personal injury protection coverage, also known as PIP. If a cyclist has PIP, it can cover their bicycle accident injuries no matter who’s at fault, up to the policy’s limits. If you don’t have PIP, your coverage options could include your health insurance or the at-fault driver’s bodily injury liability insurance.
If you miss Florida’s two-year statute of limitations, you may lose your right to recover compensation altogether.
Comparative Negligence and Evidence Needed
Florida has a modified comparative negligence law. Under this law, you may only recover compensation if you’re less than 51 percent at fault for your bike crash.
Your percentage of fault will affect how much compensation you receive. For instance, if your damages are worth $100,000 and you’re 20 percent at fault, your compensation will be reduced to $80,000.
Strong evidence can help you prove the other party’s negligence and seek maximum compensation. Examples of key evidence in a Florida bicycle accident claim include:
- Police accident report
- Witness statements
- Medical records
- Photos of the bike’s damage and visible bodily injuries
Typical Injuries and Damages After a Bike Crash
Even when wearing helmets, bicyclists lack the protection of a car’s metal frame and airbags. This leaves them vulnerable to catastrophic injuries similar to those seen in Miami motorcycle accidents, such as:
- Traumatic brain injury, a physical injury to the brain resulting from a violent blow to the head that often causes long-term cognitive or neurological effects
- Spinal cord injury, an injury involving damage to the spinal cord that causes changes to movement, sensation, or other bodily functions
- Fracture, also known as a broken bone
- Road rash from when the skin rubs against the pavement
You may seek bicycle accident compensation in Miami for any losses you suffer as a result of these injuries. This includes economic damages, such as medical expenses and lost wages, as well as non-economic damages, such as pain and suffering.
Some cases also qualify for punitive damages, which are intended to punish the defendant rather than compensate you for specific losses. These are reserved for cases involving intentional harm or extreme recklessness, such as driving under the influence of alcohol and causing a Miami pedestrian accident.
Long-Term Costs Cyclists Often Overlook
A fair settlement covers the full extent of the accident’s impact on your life, both past and future. Many injured cyclists overlook certain costs and accept less money than they deserve. Before you accept a settlement, check with a Miami bike accident attorney to make sure it covers lesser-known damages such as:
- Rehabilitation devices such as braces and crutches
- Lost career mobility due to the injury’s long-term impact on the type or amount of work you can perform
- Bike replacement, including the cost of any modifications you made to your bike before it was damaged
- Therapy for the emotional effects of the accident, including post-traumatic stress disorder, or PTSD
Don’t forget about your non-economic losses as well. You can play a vital role in documenting them. Consider keeping a journal to track the physical pain and emotional distress you experience as a result of the accident.
What To Do Immediately After a Miami Bike Accident
Your actions after a bicycle crash can affect your options when you seek compensation. Do the following to protect your health and legal rights:
- Seek medical care, even if you don’t feel seriously injured. Go to the emergency room at Jackson Memorial Hospital, Baptist Hospital, or another hospital for life-threatening injuries. Urgent care or your primary care doctor can see you for mild injuries.
- Call Miami-Dade County law enforcement to get a formal crash report.
- Gather evidence before the Florida Department of Transportation clears the scene. Take photos, collect the driver’s insurance and vehicle details, and get witness information.
- Avoid speaking to insurance adjusters before you’ve hired a Miami bicycle crash lawyer.
- Don’t post on social media, even if it seems innocent. Videos of the crash and recovery updates can give insurers fuel to discredit your claim.
What Happens During a Miami Bicycle Accident Claim
After a serious bike crash, the process begins with a free legal consultation to discuss your injuries and potential claim. If we take your case, we’ll begin working immediately to protect your rights and pursue the compensation you deserve.
Step 1: Investigating the Crash and Preserving Evidence
We start by building a compelling case through a detailed investigation. Our legal team will:
- Reconstruct the accident scene
- Request black box data if a commercial or truck driver was involved
- Preserve GoPro, dashcam, or surveillance footage
- Interview witnesses
- Consult with medical professionals and accident reconstruction experts
This early work is critical for proving fault and documenting the full impact of your injuries.
Step 2: Filing a Demand and Negotiating
Once we understand the full extent of your damages—medical bills, lost wages, pain and suffering—we’ll send a formal demand letter to the at-fault party’s insurer. Most cases resolve during this negotiation phase, often within just a few months.
Step 3: Litigation, if Necessary
If the insurer refuses to offer a fair settlement, we’ll file a personal injury lawsuit. From there, your case will enter:
- Discovery: Both sides exchange evidence and take depositions
- Mediation: A neutral third party may help reach a resolution
- Trial: If no agreement is reached, we’ll present your case in court
No Upfront Costs—Ever
Throughout your claim, we cover all legal expenses, including court fees and expert witness costs. You don’t pay anything upfront—and we only get paid if we win your case.
Why Injured Cyclists in Miami Choose Payer Law
Our firm has recovered over $100 million for Florida injury victims and their families. We’re known for our aggressive negotiation style that’s driven by a deep commitment to holding negligent parties accountable. We give hands-on attention to every bicycle accident case that comes our way. When you turn to us, you’ll know who your lawyer is from day one and speak to them directly throughout the case. This can make all the difference when you feel lost in the legal system after a life-altering injury. We also offer services in Spanish.
Our Miami office is located at 12000 Biscayne Blvd, Suite 503, Miami, FL 33181. With 24/7 availability and no fee unless we win, we’re ready to fight for the results you deserve.
Recent Case Results & Testimonials
We have a proven track record of achieving high-value results for our clients. In one case, our Miami car accident lawyers secured a $27.56 million jury verdict for a woman who was struck by a vehicle traveling over 100 miles an hour on I-95. She suffered severe traumatic brain injuries, and our team held the at-fault driver accountable for their negligence.
Ready for Answers? Contact Payer Law Today
You’re dealing with enough after your injury. Let our Miami bicycle accident lawyers handle the legal details while you focus on your health.
It Pays To Call Payer, and it’s free to explore your legal options with us. The filing deadline may be sooner than you think, so start moving forward today. Contact us online or call (305) 363-7099 for a free consultation.
Miami Bicycle Accident FAQs
How Long Do I Have To File a Bicycle Accident Claim in Miami?
In most cases, you must file a personal injury claim within two years of your bicycle crash. The deadline for Miami wrongful death claims is two years from the date of death. It takes time to build a strong claim, so it’s best to contact us as soon as possible, even if your deadline isn’t yet approaching.
What if I Wasn’t Wearing a Helmet?
Florida law prevents contributory negligence on the basis of not wearing a helmet. This is true even when the victim is a child under 16 who is required to wear a helmet. That means your compensation may not be reduced if the other party tries to argue that your injury wouldn’t have occurred if you had been wearing a helmet.
Can I Still Sue if I Was Partially at Fault for the Miami Bicycle Accident?
You may still sue if you’re less than 51 percent at fault for your bike crash. However, your compensation will be reduced by the percentage of fault assigned to you.
Will Insurance Cover My Medical Bills Before the Case Ends?
Auto insurance will not cover your medical bills before the case is resolved. However, your health care providers may place a lien on your case and wait to be paid until the case is completed.
How Much Is My Miami Bike Accident Claim Worth?
Contact our Miami personal injury lawyers to find out how much your case might be worth. Each case’s value depends on factors such as injury severity and insurance limits.
12000 Biscayne Blvd STE 503
Miami, FL 33181
(305) 363-7099
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Client Reviews
Professional, efficient, helpful, and dedicated to their clients. Lysette West extremely attentive and responsive, answered every question or concern professionally and swiftly. She set my mind at ease during some of the most difficult times I have encountered. Even when I missed an appointment because of a natural disaster. She jumped right into the situation cleared it up and got the ball rolling again in short order. I only wish I was able to call on Payer Law for all my legal issues.
James has a heart for justice and is passionate about helping the ones in need of fair representation. Thank you for your professionalism and confidence in what’s right. Thank you for caring and being there for my mom and our family. God bless.
The staff are courteous and knowledgeable. Chris Payer treats me like family and I know he is fighting for me and my case. I highly recommend Payer Law.
