Gainesville Bicycle Accident Lawyer
Riding a bike in Gainesville means sharing busy roads with cars, buses, and campus traffic, and one careless driver can leave you with broken bones and months of recovery.
A cyclist hurt by a negligent driver can usually seek payment through insurance and, in serious cases, through a lawsuit.
A Gainesville bicycle accident lawyer can help sort out who pays first, how fault will be argued, and which deadlines apply.
Smith, Feddeler & Smith, P.A. helps injured cyclists in Gainesville and throughout Alachua County. Call (863) 355-4204 or contact us to schedule a free case evaluation.
Why Gainesville Cyclists Choose Smith, Feddeler & Smith, P.A.
Bicycle cases often turn into a fight over fault, because Florida gives a cyclist the same duties on the road as a driver. An insurer can point to lane position, lights, or signals to shift blame onto the rider.
Our firm has handled more than 10,000 claims, and that experience matters when the other side tries to turn a driver’s mistake into the cyclist’s fault.
When an offer does not reflect the injury, we are prepared to take the case to trial, and insurers know it. We also see each case through from the first insurance claim to the final result.
Who Is at Fault in a Gainesville Bicycle Accident?
Under Florida’s bicycle law, a person riding a bike has the same rights and duties as the driver of any other vehicle. Fault in a bike crash is judged much like fault in a car crash, looking at both the driver’s conduct and the rider’s.
On the driver’s side, common fault issues include:
- Failure to yield: A driver turns left or pulls out of a driveway into a cyclist’s path.
- Dooring: A parked driver opens a car door into a passing cyclist.
- Unsafe passing: A driver passes without leaving the rider enough room.
On the rider’s side, an insurer may point to:
- Running a red light or stop sign: Cyclists have to follow traffic signals the same way drivers do.
- Riding against traffic: On the road, a cyclist has to ride with the flow of traffic, not toward it.
- Turning without a signal: Riders are generally expected to show a turn with a hand signal before making it.
When both sides share some blame, Florida’s comparative fault law reduces the cyclist’s damages by the rider’s own share of fault and bars recovery for a cyclist found more than 50% at fault. As an illustration, a cyclist with $100,000 in damages who is found 30% at fault would recover $70,000. At 51% fault, the recovery would be nothing.
Florida Bike Riding Rules That Come Up in Fault Disputes
A cyclist moving slower than traffic generally must ride in the bike lane or, where there is none, as close as practicable to the right-hand curb or edge of the road. The law lists exceptions, including passing, preparing for a left turn, and avoiding hazards such as debris, parked cars, or a lane too narrow to share safely with a car.
Florida law also sets rules for:
- Group riding: No more than two riders side by side on a roadway or in a bike lane, except on a bike path.
- Night lighting: A white front light and a red rear light and reflector between sunset and sunrise.
- Sidewalk riding: A cyclist on a sidewalk or in a crosswalk has a pedestrian’s rights and duties and must yield to people walking.
Breaking one of these rules does not create a separate claim, but an insurer may use it to argue the rider shares the blame. The exceptions matter just as much, since a rider who moved away from the edge of the road to avoid a hazard was following the law, not breaking it.
Who Pays My Medical Bills After a Bike Accident in Florida?
Florida’s no-fault law, personal injury protection (PIP), generally covers a cyclist hit by a car the same way it covers a pedestrian. A cyclist with PIP through a household auto policy usually claims that coverage first, while a Florida resident with none can generally claim PIP from the insurer of the car that hit them. One deadline controls access to these benefits: initial medical treatment must happen within 14 days of the crash.
| Coverage | Who pays | What it covers | Fault required? |
| PIP (no-fault) | The cyclist’s household auto policy, or the striking driver’s policy if the cyclist has none | Part of medical bills and lost wages, up to the PIP limit | No |
| Bodily injury liability | The at-fault driver’s insurer, if the driver carries this coverage | Costs beyond PIP, including pain and suffering for a qualifying permanent injury | Yes, reduced by the cyclist’s share of fault |
Under Florida’s no-fault threshold law, a claim against the driver for pain and suffering generally requires a significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or disfigurement, or death.
What Compensation Can I Recover for a Bicycle Accident Injury?
Depending on the injury, PIP and a claim against the at-fault driver together can cover:
- Medical care: Past and future treatment, from the emergency room through physical therapy.
- Lost income: Pay missed during recovery, plus reduced future earning ability if limitations last.
- Pain and suffering: Physical pain and the emotional toll of the crash.
- Property damage: The cost to repair or replace the bike and riding gear.
How Long Do I Have to File a Bicycle Accident Lawsuit in Florida?
Florida generally allows two years to file a negligence lawsuit after a bike crash, under Section 95.11 of the Florida Statutes, the state’s statute of limitations. The clock starts when the claim accrues, meaning when every legal piece of the claim is in place, which for a crash is usually the day it happens, not when treatment ends or an insurer denies the claim. A lawsuit filed late will usually be dismissed no matter how strong the facts are. Even with time left, intersection video and witness memories can disappear well before the deadline.
Common Injuries in Gainesville Bicycle Accidents
Gainesville’s mix of University of Florida students, campus traffic, and busy commuter corridors puts many cyclists and drivers on the same roads. When a car hits a bike, the rider absorbs most of the force, and injuries often include:
- Traumatic brain injury: Damage from a fall or direct impact, even when the rider wore a helmet.
- Fractures: Broken arms, legs, wrists, and collarbones.
- Road rash: Skin abrasions from sliding across pavement, sometimes severe enough to need skin grafts.
- Spinal injuries: Anything from soft-tissue strain to nerve or vertebral damage.
5 Things That Help Protect a Bicycle Accident Claim
In the days after a crash, these points tend to matter most for a future claim:
- Medical care: Early treatment protects your health and keeps PIP benefits available.
- Police report: An official crash report gives insurers and courts a record of what happened.
- Photos: Pictures of the bike, the road, and where the vehicles ended up are often the clearest proof of fault.
- Recorded statements: An adjuster’s questions can aim to pin down shared fault, so many riders talk with a lawyer before giving one.
- Early offers: A quick settlement offer reflects the insurer’s estimate of the damages, not the rider’s.
Frequently Asked Questions About Gainesville Bicycle Accidents
Does Not Wearing a Helmet Hurt My Bicycle Accident Claim?
Florida law says that failing to wear a bicycle helmet may not be considered evidence of negligence or comparative fault. Riders and passengers under 16 are required to wear one, but even for them, a missing helmet cannot be held against the rider that way.
What If I Was Riding on the Sidewalk When I Was Hit?
A sidewalk crash can still support a claim against the driver. A driver pulling out of a driveway or turning across a crosswalk still has to use due care, meaning reasonable caution, to avoid a cyclist there. The rider’s own sidewalk duties, such as giving an audible signal before passing someone on foot, mainly come into play if an insurer argues shared fault.
What If I Was Riding for Work When I Was Hit?
A courier or delivery rider hit while working may have a workers’ compensation claim through the employer and a separate claim against the driver. Independent contractors are generally not covered by an employer’s workers’ compensation, so how the job is classified matters.
Next Steps With a Gainesville Bicycle Accident Lawyer
A bike crash can turn an ordinary ride into weeks of appointments and calls with adjusters. Smith, Feddeler & Smith, P.A. can sort out which coverage pays first and keep track of the deadlines that apply to your claim. For a free case evaluation with a Gainesville bicycle accident lawyer, call (863) 355-4204 or contact us today.
Phone calls were returned timely. I was kept informed of my case and my questions were answered. The staff was professional, courteous, concerned and caring. Overall my experience with this law firm was good and I would recommend them to a friend.
- Rhonda D.
Keep up the good work!
- Thomas B.Everyone who I had the pleasure in talking to or email correspondence has been great and professional. Thank you all for the good service.
- Elixsandra F.Everyone in the office was always helpful and did everything to help up on the case.
- Thomas D.I appreciate all the work you all did. I will recommended Brad Smith and Smith, Feddeler & Smith to anyone who is looking for good legal help.
- Robert S.I would like to thank Mr. Feddeler and the Law Firm for their help in my workers; compensation case. I want to especially thank Julie for being such a special lady and for have such a patient and wonderful personality and manners. She kept me informed of what was going on and answered all my questions when I needed them.
- Stanley E.I am thankful with the firm and staff for always being so courteous and helpful with my case and with me. You guys helped me every step of the way and I am glad I chose your firm to represent me. Thank you for all you do!
- A Montalvo.Everyone that was involved with my case was awesome! No complaints. Hope I never need to get a lawyer again, but if I did I would choose this Law Firm. So thank you!
- Juanita B.I was bit by a Pit Bull in the face in May of 2016. The injuries I suffered was a fractures nose and teeth marks to the nose and under my lip. I chose Smith, Feddeler because they had a great reputation on line. They were very compassionate, very sympathetic and very respectful of the situation I was going through. The attorney was very sincere and staff always responsive and available when I needed. I would definitely recommend Smith, Feddeler & Smith. Kevin Balentine was very helpful and efficient.
- Lauren M.If you ever want a good attorney who is going to fight and advocate for injured workers and knows the law of workers’ comp in the State of Florida, please contact Brad at Smith, Feddeler & Smith. I assure you they will fight for your rights and you will come out victorious, and you will be able to tell somebody else like I’m telling you.
- Ricky B.Contact Us For A Free Consultation With A Qualified Lawyer
