If you hit a cyclist with your car, the rider may try to seek compensation for their injuries and property damages with an insurance claim or lawsuit. It may be in your best interest to speak with a bicycle accident lawyer from our firm about how to protect yourself against a potentially costly settlement or verdict.
Consequences for Drivers Who Hit a Cyclist
When a vehicle strikes a cyclist, the driver can face significant legal and financial repercussions. The nature and severity of these consequences depend on factors such as the circumstances of the crash, the cyclist’s injuries, and whether the driver was negligent.
1. Legal Consequences
-
Traffic Citations:
Drivers may receive traffic tickets for violations like failing to yield, unsafe lane changes, or other infractions, depending on local laws and the specifics of the incident. -
Criminal Charges:
If the collision results in serious injury or death, the driver could be charged with crimes such as reckless driving or vehicular manslaughter—especially if impaired by alcohol or drugs. -
Civil Lawsuits:
Injured cyclists may sue the driver for damages, seeking compensation for medical expenses, lost income, property damage, and pain and suffering. -
Hit-and-Run Penalties:
Leaving the scene without stopping can result in hit-and-run charges, which are often treated as felonies, particularly when injuries are involved.
2. Financial Consequences
-
Insurance Claims:
The driver’s auto insurance is generally expected to cover the cyclist’s damages, subject to policy limits. -
Personal Liability:
If damages exceed insurance coverage, or if the driver was grossly negligent or reckless, the driver may be personally responsible for the excess amount.
3. Steps to Take After Hitting a Cyclist
-
Stop Immediately:
Pull over safely and assess the situation. -
Call Emergency Services:
Contact 911 if anyone is injured or needs help. -
Exchange Information:
Share your contact and insurance details with the cyclist and any witnesses. -
Document the Scene:
Take photographs or video of the accident site, vehicle positions, and relevant road conditions. -
Report to Police:
File an official police report, which may be required for insurance claims. -
Notify Your Insurance Company:
Inform your insurer about the accident as soon as possible.
4. Cyclist Rights
-
Equal Road Rights:
Cyclists have the same legal rights to use the roadway as motor vehicles and are entitled to safe travel. -
Right to Compensation:
Cyclists injured due to a driver’s negligence may pursue compensation for their losses through legal and insurance channels.
5. The Importance of Driver Awareness
-
Sharing the Road:
Drivers must remain vigilant for cyclists, yield when appropriate, and maintain a safe distance. -
Blind Spots:
Always check mirrors and blind spots, especially when turning or merging, as cyclists may be less visible.
Special Note for California
California uses a fault-based insurance system, meaning the at-fault driver is financially responsible for injuries and damages resulting from a crash.
Are Vehicle Drivers Always at Fault in Bicycle Accidents?
According to Florida Statutes § 316.2065, bicyclists have “all of the rights and all of the duties applicable to the driver of any other vehicle.” This means that cyclists must obey the same rules of the road as any other driver. Therefore, if a bicyclist is breaking traffic laws or operating their bike negligently or recklessly, they may bear all or part of the fault for their accident.
In addition to following the standard rules of the road, bicyclists must:
- Not carry more riders than intended by the bicycle’s manufacturer, except for children in a backpack, sling, or child’s bicycle seat
- Wear a helmet if under 16 years of age
- Never ride attached to a moving motor vehicle
- Travel in the bicycle lane or as close to the right-hand curb as possible when no lane is present
- Not ride two-abreast in bicycle lanes or on the roadway
- Outfit their bicycle with the proper lamps and reflectors for night-time riding
- Equip their bikes with proper brakes
Florida Law Requires Accidents Resulting in Damage to Be Reported
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), drivers must report crashes involving injuries, death, or at least $500 in vehicle or property damages. Failure to do so is against the law and could result in hit-and-run accident charges.
If you hit a cyclist, stop, and call local law enforcement immediately. If you have already left the scene, you can complete a Driver Report of Traffic Crash (Self Report) form or a Driver Exchange of Information form. To learn more about self-reporting, visit the FLHSMV’s Crash Portal.
What Damages Can an Injured Bicyclist Seek?
The cyclist involved in your accident may try to seek compensation for their injuries and other losses. This may include awards for:
Economic Damages
Economic damages are the actual, out-of-pocket costs a personal injury victim can pursue after an accident. This type of compensation may include the value of:
- Past and future medical bills
- Rehabilitation services
- Medications and medical equipment
- Mobility aids
- Long-term nursing care
- Lost wages
- Loss of earning potential if the injured party cannot return to work
- Vehicle and personal property damages
- Household services
- Home modifications
- Medical travel expenses
Non-Economic Damages
This type of compensation, also known as pain and suffering damages, includes awards for the physical, mental, and emotional consequences of a personal injury victim’s accident. Non-economic compensation may consist of awards for:
- Scarring and disfigurement
- Loss of a limb, body part, or bodily function
- Physical pain
- Mental anguish
- Depression, stress, and anxiety
- Loss of enjoyment of life
Wrongful Death Compensation
A deceased cyclist’s loved ones can seek compensation on behalf of surviving family members and the deceased’s estate. In Florida, this may include awards for:
- Medical expenses
- Funeral and burial costs
- The deceased’s lost wages, benefits, and earnings
- The deceased’s pain and suffering
- Surviving family members’ pain and suffering
- Loss of the deceased’s care, support, and companionship
How Long Does the Cyclist Have to Take Legal Action?
After an accident, the injured party will usually file an insurance claim as soon as possible. However, legally, the cyclist involved in your accident has four years to file a personal injury lawsuit against you, according to Florida Statutes § 95.11. The same statute allows surviving family members two years from the time of their loved one’s death to pursue a wrongful death action.
How Can a Bicycle Accident Attorney Help Me?
To win an insurance claim or lawsuit, the bicyclist must prove your negligent actions caused the accident and resulting losses. Our bicycle accident attorneys can help you prove you are not at fault and assist you with any counterclaims for your damages. We can:
- Visit the scene of the accident and collect evidence, including photographs and surveillance video
- Enlist help from crash-reconstruction experts
- Locate and interview eyewitnesses
- Hire medical professionals to review the cyclist’s injury claims
- Speak with the insurance companies on your behalf
- Protect you from pressure or intimidation from the other party’s insurance agents or legal representatives
- File your counterclaims or lawsuits and represent you throughout the insurance and legal process
Find Out More About How a Bicycle Accident Lawyer Can Assist You
If you were involved in an accident with a bicyclist, contact our firm to find out how our attorneys can help. Speaking with our lawyers can help you be proactive in protecting your rights and your assets. If your accident was not your fault, we can stand up for you. Call our offices at 1-800-747-3733 for a free case evaluation.
We Can Help.
