In the state of Florida, a bicycle falls under the division of a vehicle (see also: Vehicle Accidents), and therefore, bicycle operation is relegated to the same traffic laws as any other roadway vehicle. Bicycle accidents which occur as the result of criminal or negligent acts may be prosecuted in a court of law under the same legal restrictions and penalties as a motor vehicle accident.
A bicycle accident is legally defined as the accident involving a self-propelled vehicle possessing either two (2) or more wheels, excluding tricycles. Based on a study by the National Center for Biotechnology Information (a division of the National Institutes of Health), 19% of bicycle accident sufferers receive moderate to significant injury which may lead to emergency medical treatment or hospitalization.
Any of these incidents may be caused by irregular surface areas, faulty braking, mechanical or structural failure or negligent bicycle operation. If any of these circumstances resulted in personal injury or wrongful death for you or a family member, you may be able to seek financial compensation for pain and suffering as well as property damage and/or medical expenses. Parties at fault may include individual bicycle or vehicle operators, property owners where the accident occurred, and bike manufacturers, distributors or repairers.
Furthermore, Florida law states that it is illegal to operate a bicycle while under the influence of drugs or alcohol. Drinking and biking may increase the risk of bicycle accidents and injury by up to 2,000%. If you suspect that the bicyclist involved in your accident may have been intoxicated at the time of the accident, they may be held criminally liable for your injuries.
Since 1932, over 49,000 fatalities have been directly linked to bicycle accidents. But due to increased safety regulations over the past decade, bicycle accident deaths have reduced by 24%. By bringing parties at fault to justice in a court of law, your actions may help promote safe bicycle usage regulations and prevent further accidents.
If you would like to contact an experienced bicycle accident attorney at the Law Offices of Gross & Telisman to discuss your case, please contact us today.