Florida Injury Lawyer Blog

As a former bicycle racer and as a Florida bicycle injury attorney, I know that South Florida is a very dangerous place to ride a bicycle. The tragic death of Aaron Cohen, a 36 year old Miami father and husband, mowed down in a hit and run car crash Miami's Key Biscayne--Miami-Dade's most popular cycling circuit--causes one to question how these types of catastrophes can be avoided. Mr. Cohen's death occurred nearly two years from the day that Christophe LeCanne, another cyclist, lost his life in virtually the same place.

Triathlete Thomas Jennings is recovering in a Kendall trauma center after he was hit by a car in Northwest Miami-Dade. He suffered a shattered knee and an open fracture that required screws, bolts, and a plate to put back together.

Like many Miami cyclists, Mr. Jennings and Mr. Cohen have the responsibility of supporting young children. A catastrophic car crash can leave a family both physically and financially devastated. According to statistics, severe head injuries account for about one third of hospital emergency room visits for all bicycle-related injuries.

Florida has very specific laws regarding how to ride a bicycle on public streets. Florida Statute §316.003(2) defines a "bicycle" as a vehicle that is human powered and capable of achieving speeds over 20 mph. Florida Statute Section 316.2065 mandates that bicycles ridden after sunset and before sunrise have a front white light that is visible from at least 500 feet and a rear red light that is visible from 600 feet.

Anyone riding a bicycle under 16 years of age must wear a properly fitting helmet that is certified by a nationally recognized safety association. The law also requires that one hand be kept on the bars at all times.

According to Florida Statutes §316.2065(10) and (11), cyclists are permitted to ride a bicycle on the sidewalk and are provided with all of the rights and duties that are applicable to a pedestrian in the same circumstances.

Key Biscayne is often used by cyclists to train because of its central location, the bridge, and breathtaking views of the Miami skyline. However, in reality, Miami offers little alternatives. The recent epidemic of bicycle/car collisions highlights the immediate need for Key Biscayne to be made safer. I recommend the speed limit be lowered to 20 mph for all cars and trucks and a greater police presence on both the east and west bound road from the toll booths to the Village of Key Biscayne. I would also recommend more signs that flash, reminding drivers to be cautious and on the look out for cyclists, and the complete blocking of one entire lane for bicycle use in the early morning hours between 5-9 AM.

As a MIramar bicycle crash injury lawyer I recommend that all cyclists always use a bicycle helmet that has been properly fitted, as they are the most effective means in reducing the severity of a head, brain, and upper facial injury. We also urge all cyclists to make sure they have valid uninsured motorist coverage on their car insurance to protect them in the event they are hit by a car with little or no insurance coverage available to compensate them for medical expense, lost wages and injuries. Our thoughts and prayers go out to the families of these cyclists.

As a Florida bicycle injury lawyer and former amateur bicycle racer I know a lot about crashes and the effect they have on both a cyclist physically and mentally. The most common question posed after most serious bicycle accidents is, "how did it happen?"

According to a recent New York Times article, figuring out what went wrong just got a lot simpler with the use GPS device analysis. Serious cyclists now often train using Garmin-type cyclometers that are mounted on the handlebars. Traditionally, these devices would tell the rider information regarding speed, heart rate, watts and pedal cadence. For our Broward bike injury law firm, the GPS device produces valuable data used to prove fault and location in complex bike/car collisions, especially when there are no independent witnesses.

Think of the bike GPS as the "black box for bicycle wrecks". This poses an interesting question for both the defense and prosecution of injury cases. Our Miami cycling crash lawyers recommend that any cyclist involved in a crash immediately download and save the GPS data so that it will be preserved and that the defense does not claim a spoliation of evidence defense.

Lastly, our Broward County bicycle injury lawyers always recommend that you use a helmet no matter where you ride. Make sure that the helmet is both properly fitting and not damaged.

As a Florida car wreck attorney I know that many laws are designed to prevent people from obtaining justice for their injuries. For instance, Florida Statute §627 prevents those injured in Florida car, truck, bicycle or pedestrian accidents from recovering for injuries caused by another unless those injuries result in:

Significant and permanent loss of an important bodily function.
Permanent injury within a reasonable degree of medical probability.
Significant and permanent scarring or disfigurement.
Death.

This means that one could be injured in a car accident, through no fault of their own, end up with time in the hospital or doctors' offices with pain, and not be able to obtain any compensation for their pain and suffering unless it falls withing those specific categories. Often, this is a surprise to our car accident clients and is one of the most hotly-contested issues in motor vehicle litigation in Florida.

Moreover, this law is hidden in the insurance section of the Florida Statutes. It is nowhere to be found in either the Motor Vehicle or Torts sections.

While our Miami car accident law firm hopes that if you are involved in a car accident that you are not injured, we urge you to seek the appropriate medical care immediately and follow up with your health care providers' recommendations. We also recommend that you document all of your physical complaints as the defense will surely try to prove that your injury does not fall within the limited definitions of Florida Law.

I want you to know as a parent, and as a Miami traumatic brain injury lawyer, nearly 300,000 children ages 14 and under are treated in hospital ERs for bicycle related injuries every year. Half of these kids are diagnosed with traumatic brain injuries.

75 percent of fatal head injuries among child bicyclists could be prevented with a bicycle helmet. So why don't parents insist that their children wear them? Why don't local, state or federal lawmakers make it a crime to allow children to ride bicycles without a helmet? Florida Statute Section 316.0265 has a mandatory helmet law for children sixteen years and younger. But why just stop at 16? That is an absurd and crazy law and literally suggest that 16-, 17-, and 18-year olds; do not need helmets. Hell, everyone needs a bicycle helmet, even professional racers.

Now, thanks to the Epilepsy Foundation of Florida is offering free helmets. The program is funded by a grant from the Florida Department of Transportation. Interested in getting a free helmet? CLICK HERE and ride safely.