Miami Bicycle Accident Lawyer
Bicyclists have a legal right to use many of the same Miami roads as motor vehicles. Yet when a driver and cyclist collide, there is little question about who is physically more vulnerable.
A bicycle offers no steel passenger compartment, airbags, or seat belts. When a motorist passes too closely, turns across a bicycle’s path, opens a door into a rider, or strikes a cyclist from behind, the consequences can include traumatic brain injuries, spinal injuries, fractures, and other life-changing harm.
At Sotolongo Law, we represent cyclists injured by negligent drivers in Miami and throughout South Florida. Florida has specific laws governing how motorists must interact with bicycles, including a minimum three-foot passing requirement and rules requiring drivers to wait behind cyclists when they cannot pass safely. Understanding those laws can become an important part of determining responsibility after a bicycle accident.
Miami bicycle accident lawyer Pedro P. Sotolongo brings more than 20 years of personal injury legal experience to these cases, including five years practicing medical malpractice defense. That background gives our boutique firm experience with both sides of a serious injury case: the law governing how the accident happened and the medical details necessary to establish what the accident did to our client. Every lawyer knows the law, but not every lawyer understands the medicine. Because We Care® reflects our commitment to both.
Florida Law Gives Bicyclists Rights on the Road
A bicycle is not simply something that belongs on a recreational trail. Under Florida Statute § 316.2065, a person operating a human-powered bicycle generally has the rights and duties applicable to drivers of other vehicles, subject to bicycle-specific provisions and laws that by their nature do not apply.
Florida law also addresses where cyclists should ride. A cyclist traveling below the normal speed of traffic generally must use a marked bicycle lane when one is provided or, if there is no bike lane, ride as close as practicable to the right-hand curb or roadway edge. But important exceptions exist.
A cyclist can move away from the right edge when passing, preparing for a left turn, or avoiding conditions that make staying to the right unsafe. Those conditions can include parked cars, moving vehicles, pedestrians, animals, surface hazards, and lanes too narrow for a bicycle and motor vehicle to travel side by side safely.
That last point can become significant after an accident. A driver or insurer should not simply assume a cyclist was doing something wrong because the cyclist was not hugging the curb.
Florida’s Three-Foot Bicycle Passing Law
Florida Statute § 316.083 establishes specific duties for motorists overtaking bicycles. When a driver overtakes a bicycle traveling in the same traffic lane, the motorist must pass at a safe distance of at least three feet. If the driver cannot safely provide that clearance, the law requires the motorist to remain a safe distance behind the bicycle until a safe pass with at least three feet of clearance can be made.
The statute also applies when a cyclist is traveling in a bicycle lane. A motor vehicle overtaking a bicycle occupying a bike lane must maintain at least three feet between the motor vehicle and bicycle. The statutory three-foot provisions do not apply when the cyclist occupies a separated bicycle lane.
The law is important because a close pass can be dangerous even when a vehicle does not initially strike the bicycle. A cyclist may be sideswiped by a mirror, forced toward a curb, or pushed into a hazardous portion of the roadway while trying to avoid a vehicle passing inches away.
Drivers do not have a right to squeeze past simply because they do not want to wait.
Passing Bicycles in Florida No-Passing Zones
Florida law contains another bicycle-specific rule that motorists may not know. Ordinarily, drivers must obey pavement markings and signs establishing a no-passing zone. However, Florida Statute § 316.0875 contains an exception allowing a motorist to safely and briefly drive left of the center of the roadway, only to the extent necessary, to overtake and pass a bicycle, other nonmotorized vehicle, or electric bicycle in accordance with § 316.083.
Of course, this law does not give drivers permission to cross blindly into approaching traffic. The maneuver still must be safe.
The interaction between these laws is important: when a motorist cannot provide the required clearance while remaining entirely within the lane, Florida law may permit the driver to cross the centerline briefly to make a safe pass, even in a designated no-passing zone. If that cannot be accomplished safely, § 316.083 requires the driver to remain behind the cyclist until a safe pass is possible.
In other words, a no-passing line is not an excuse to crowd a bicycle.
Penalties for Violating Florida’s Bicycle Passing Law
A violation of § 316.083 is a non-criminal traffic infraction punishable as a moving violation under Chapter 318 of the Florida Statutes.
Florida’s current penalty statute generally establishes a $60 statutory penalty for moving violations that do not require a mandatory appearance, although assessments, fees, and other amounts can also apply.
A traffic citation and a civil personal injury claim are separate matters, however.
The purpose of a civil claim is not to impose a traffic fine. It is to determine whether someone’s negligence legally caused an injury and, when appropriate, provide compensation for the resulting damages.
That distinction becomes important when a driver violates the three-foot passing law.
How a Violation of Section 316.083 Can Affect a Civil Bicycle Accident Claim
Evidence that a motorist violated Florida’s bicycle passing law can be significant in a personal injury case.
Florida courts have long distinguished violations of traffic regulations from statutes whose violation automatically establishes negligence. Under Florida law, violation of a traffic regulation is generally evidence of negligence rather than conclusive proof of negligence.
That means a citation for violating § 316.083 does not automatically decide an entire civil lawsuit. Instead, evidence that a driver passed within less than three feet, failed to remain safely behind a cyclist, or otherwise violated an applicable traffic rule can be considered along with the surrounding facts when determining whether the motorist acted negligently.
Causation also matters. A cyclist generally must still establish that the negligent conduct legally caused the collision and resulting injuries. Florida courts have emphasized that a traffic violation and causation are distinct issues. For example, evidence that a driver passed a cyclist with only inches of clearance immediately before sideswiping the rider could be highly relevant to determining negligence and causation.
The civil investigation therefore goes well beyond whether the police officer issued a ticket.
Common Causes of Miami Bicycle Accidents
Unsafe passing is only one way motorists injure cyclists.
Other common bicycle accident scenarios include:
- Drivers turning right across a cyclist’s path;
- Vehicles turning left in front of an approaching bicycle;
- Distracted drivers drifting into bike lanes;
- Motorists running red lights or stop signs;
- Drivers failing to yield when entering a roadway;
- Vehicles backing from parking spaces;
- Speeding;
- Impaired driving;
- Rear-end collisions; and
Drivers opening doors into approaching cyclists.
Dooring accidents can be especially dangerous on streets with parallel parking. Florida law prohibits opening a vehicle door into moving traffic unless it is reasonably safe and can be done without interfering with traffic.
A cyclist can strike an open door, be thrown from the bicycle, or be forced into the path of another vehicle.
Evidence in a Bicycle Accident Claim
Bicycle accidents can produce disputed accounts. A motorist may claim there was sufficient passing room. The cyclist may report that the vehicle came dangerously close. An insurer may argue that the cyclist suddenly moved into the vehicle’s path.
Physical and electronic evidence can help resolve those disputes. Depending on the circumstances, useful evidence may include:
- Police reports and citations;
- Photographs of the roadway;
- Measurements of lane width;
- Bicycle and vehicle damage;
- Dashcam or helmet-camera footage;
- Surveillance video;
- Traffic-camera evidence;
- Witness statements;
- Vehicle event data;
- Cellphone evidence when relevant; and
Accident reconstruction.
Video can be particularly important when a collision happens near a Miami business, condominium, hotel, parking garage, or residence. But recordings can be overwritten. Promptly identifying and preserving available evidence can make an important difference in a disputed bicycle accident case.
Serious Injuries to Cyclists
Even a relatively low-speed impact can cause severe injuries when a cyclist is thrown onto pavement or struck by a motor vehicle. Potential injuries include traumatic brain injuries, concussions, spinal cord injuries, neck and back injuries, facial trauma, broken wrists and arms, shoulder injuries, pelvic fractures, leg injuries, internal injuries, severe road rash, and nerve damage.
Florida law requires bicycle riders and passengers under age 16 to wear a qualifying, properly fitted bicycle helmet. Regardless of helmet use, however, a serious bicycle collision can create complicated medical questions about causation, treatment, surgery, rehabilitation, and permanent limitations.
That is an area where Sotolongo Law brings a distinctive background. Pedro P. Sotolongo spent five years defending medical malpractice cases before representing injured plaintiffs. His experience helps him understand medical records, communicate with physicians, work with experts, and analyze how injuries may affect a client’s future.
Compensation After a Miami Bicycle Accident
Depending on the circumstances and applicable law, an injured cyclist may be able to pursue compensation for medical expenses, future medical treatment, lost wages, diminished earning capacity, pain and suffering, disability, and other legally recoverable damages.
For catastrophic injuries, future needs may become particularly important. A traumatic brain injury may affect memory, concentration, employment, and independence. A complicated orthopedic injury can require multiple surgeries. A spinal injury may require continuing treatment or assistance.
Our goal is to understand the entire medical picture rather than evaluating a serious injury solely from the bills that have accumulated so far.
A Boutique Miami Firm for Injured Cyclists
Sotolongo Law combines more than 20 years of personal injury legal experience with the individualized attention of a boutique firm.
We are prepared to pursue claims against large insurance companies and other defendants while keeping our clients informed about their cases.
We have long been a trusted voice for Miami’s Spanish-speaking communities and welcome inquiries from the area’s Venezuelan, Nicaraguan, Argentinian, and other Latin American families. Clear communication matters after a serious bicycle accident. Clients should understand what the law requires of motorists, how the insurance company is responding, and what the medical evidence says about their injuries.
Because We Care® means treating the injured person as more than a claim number.
Frequently Asked Questions About Bicycle Accidents in Miami
Does Florida really require drivers to give bicycles three feet of space?
Yes. Under Florida Statute § 316.083, a driver overtaking a bicycle in the same travel lane must provide a safe passing distance of at least three feet. The statute also requires at least three feet when overtaking a bicycle occupying a bicycle lane, except where the cyclist is in a separated bicycle lane.
What should a driver do if there is not enough room to give me three feet?
When a driver cannot safely pass a bicycle in the same lane while maintaining at least three feet of clearance, § 316.083 requires the driver to remain a safe distance behind the bicycle until a safe pass can be completed.
Can a car cross a double yellow line to pass a bicycle in Florida?
Florida’s no-passing-zone statute provides an exception allowing a driver to safely and briefly travel left of center, only to the extent necessary, to overtake a bicycle in accordance with § 316.083. That is not permission to create a danger for approaching traffic. The maneuver must be safe; otherwise, the motorist should wait behind the bicycle.
Does a ticket for violating the three-foot law prove my civil case?
Not automatically. Florida courts generally treat a violation of a traffic regulation as evidence of negligence rather than conclusive proof of negligence. The surrounding facts and causation still matter. Evidence of a § 316.083 violation can nevertheless become an important part of establishing how the motorist operated the vehicle.
Do cyclists have to ride at the extreme right edge of the road?
Not always. Although Florida law generally directs slower-moving cyclists toward a bicycle lane or as close as practicable to the right side when no bike lane exists, it recognizes several exceptions. A cyclist can move away from the edge when passing, preparing for a left turn, or avoiding hazards such as parked vehicles, pedestrians, surface conditions, or a lane too narrow for a bicycle and motor vehicle to travel side by side safely.
Contact a Miami Bicycle Accident Lawyer at Sotolongo Law
Cyclists have rights on Florida roads. A motorist who is impatient, distracted, or unwilling to leave adequate passing space can cause an accident with consequences lasting a lifetime.
If you or someone you love was injured in a bicycle accident in Miami or elsewhere in South Florida, Sotolongo Law can investigate the collision, determine whether Florida’s bicycle safety laws were violated, preserve available video and physical evidence, and develop the medical evidence needed to document the full extent of your injuries.
Pedro P. Sotolongo brings more than 20 years of personal injury experience together with a medical malpractice defense background that helps our firm understand the medical issues at the center of serious injury claims. We provide the personal attention of a boutique practice while being prepared to stand up to major insurance companies and other powerful defendants.
Contact Sotolongo Law today for a free consultation with a Miami bicycle accident lawyer. There is no legal fee unless we obtain a recovery for you.