Can You Still Recover Compensation if You Were Riding Outside a Bike Lane?
After a bicycle accident, many cyclists worry that riding outside a bike lane automatically ruins their injury claim. Luckily, that is not necessarily true in Florida. Under Florida law, whether you can recover compensation after a bicycle accident depends on the circumstances of the accident, not just where you were riding.
Understanding your rights can help you avoid accepting the blame too quickly when you don’t have to and protect your ability to recover compensation for your injuries.
Is Riding Outside a Bike Lane Illegal in Florida?
Not always. Florida law generally expects you to ride in a bike lane if you’re moving slower than traffic, as long as one is available. If there’s no bike lane, you should ride as far to the right as is safely possible.
However, you don’t always have to stay in the bike lane. You can legally leave it to:
- Pass another bicycle or vehicle
- Get ready to make a left turn
- Avoid hazards such as potholes, debris, parked cars, pedestrians, animals, or a lane too narrow for a bicycle and a vehicle to safely travel side by side.
In the situations above, riding outside a bike lane is not only legal but may actually be the safest option.
Can You Still Recover Compensation?
Yes. Even if you were riding outside a bike lane or if you made a mistake in traffic, you can still recover compensation in many cases.
Florida uses a modified comparative negligence rule. Under Florida Statute section 768.81, you are entitled to compensation as long as you weren’t more than 50% responsible for the crash. If you’re partly at fault, your compensation just gets diminished by your share of fault.
Drivers Still Have To Look Out for Cyclists
Drivers can’t ignore cyclists just because they’re outside a bike lane. Motorists still have a duty to:
- Yield the right of way
- Make safe, legal turns
- Avoid distractions or driving under the influence
- Not overspeed or tailgate
- Watch for bikes before opening their doors
Key Evidence To Gather
Insurance companies love to argue that riding outside a bike lane caused the accident. Having strong evidence can make it much easier to prove what really happened.
Strong evidence includes:
- Police reports
- Traffic or surveillance video
- Your bike’s camera footage
- Witness statements
- Photos showing hazards or blocked bike lanes
- Accident reconstruction reports
This evidence can support your reason for leaving the bike lane and show whether the driver’s negligence actually caused the crash.
Fault isn’t always obvious after a bike accident. That’s why it’s best to retain an attorney as soon as possible. An experienced attorney can investigate the crash, gather the right evidence, deal with insurance companies, and make sure you have the best shot at recovering the compensation you deserve if someone else caused your injuries.
Disclaimer: This article is for general information purposes only. It is not legal advice. For legal advice, talk to a qualified Florida attorney.
Contact Us for Legal Help
If you’ve been hurt in a Florida bicycle accident, don’t assume riding outside the bike lane means you can’t recover compensation. Contact our experienced Orlando bicycle accident attorneys at Orlando Accident Attorneys today to schedule a consultation. We can help you understand your rights and pursue the compensation you deserve.