Miami offers beautiful routes for cyclists, from the scenic Rickenbacker Causeway to the historic streets of Coconut Grove. However, sharing the road with distracted drivers, heavy tourist traffic, and congested metropolitan lanes presents significant dangers. If you or a loved one has been seriously injured while riding, navigating the physical and financial aftermath can be overwhelming. At Altman Law Firm, we understand the unique challenges injured cyclists face. Jeffrey S. Altman is dedicated to helping victims seek fair compensation, helping you understand your rights, and providing compassionate guidance through the legal process.
Bicycle accidents in Miami often occur due to driver inattention, failure to yield the right-of-way, and a general lack of awareness of cyclists sharing the road. Popular cycling corridors like Brickell Avenue, US-1, and Collins Avenue see frequent collisions. Common scenarios include 'dooring'—where a parked motorist opens a car door directly into a cyclist's path—and right-turn side-swipes at busy intersections. Because cyclists have minimal protection compared to motor vehicles, these incidents frequently result in severe, life-altering injuries. Understanding how and why these accidents happen is a critical step in building a strong claim for recovery.
Florida operates under a modified comparative negligence system. This means that if you are injured in a bicycle accident, your financial recovery can be reduced by your percentage of fault. For example, if you are found to be partially responsible for the accident, your compensation will be decreased proportionally, provided your share of responsibility does not exceed 50 percent. If you are determined to be more than 50 percent at fault, you may be barred from recovering damages entirely. Because insurance adjusters often attempt to shift blame onto the cyclist, having legal representation to protect your interests is vital.
If you are involved in a bicycle collision, your immediate priority should always be medical attention. Even if your injuries seem minor, internal trauma or concussions may not be immediately apparent. Next, ensure law enforcement—such as the Miami Police Department or Miami-Dade Police—responds to the scene to document the incident in an official crash report. If safe to do so, take photographs of the scene, your bicycle, the vehicle involved, and any visible injuries. Avoid discussing fault at the scene or signing any statements for insurance adjusters before consulting with a qualified attorney.
Under Florida law, the statute of limitations for personal injury claims based on negligence is generally two years from the date of the accident. If the accident resulted in a tragic loss of life, a wrongful death lawsuit must also typically be filed within two years. It is important to act promptly to ensure evidence is preserved and legal deadlines are met.
Yes. In Florida, riders over the age of 16 are not legally required to wear a helmet. While insurance companies may attempt to argue that failing to wear a helmet contributed to your injuries under comparative negligence principles, it does not automatically bar you from seeking compensation for your medical bills, lost wages, and other damages.
Yes, in many cases. If you own a motor vehicle in Florida and have Personal Injury Protection (PIP) coverage, your own policy may cover a portion of your medical bills and lost wages after a bicycle accident involving a motor vehicle. If you do not own a vehicle, you may be covered under the PIP policy of a resident relative, or potentially the PIP coverage of the motorist involved in the crash.
Injured cyclists may seek compensation for economic and non-economic damages. This includes past and future medical expenses, lost wages, loss of earning capacity, physical pain, suffering, mental anguish, and property damage to your bicycle and gear. Each case depends on the specific circumstances and the severity of the injuries.
It is generally advisable to consult with an attorney before accepting any initial offers from an insurance company. Early settlement offers are often low and may not fully account for your future medical needs, ongoing rehabilitation, or long-term lost income. Once you sign a release, you waive your right to seek additional compensation.
If you have been injured in a bicycle accident in Miami, contact Jeffrey S. Altman at Altman Law Firm today to discuss your case during a free, confidential consultation. Call (305) 373-3730.