Miami Bicycle Accident Lawyers

Miami Bicycle Accident Lawyers

Strong advocacy for injured bicycle riders and families

There are many beautiful sights to see while bicycling around Miami-Dade County. There are sights in all of our cities including City of Aventura, Bal Harbour Village, Town of Bay Harbor Islands, Village of Biscayne Park, City of Coral Gables, Town of Cutler Bay, City of Doral, Florida City, Town of Golden Beach, Village of El Portal, City of Hialeah, City of Hialeah Gardens, City Of Homestead, Indian Creek Village, Village of Key Biscayne, Town of Medley, City of Miami (and Coconut Grove), City of Miami Beach, City of Miami Gardens, Town of Miami Lakes, Miami Shores Village, City of Miami Springs, City of North Miami, City of North Miami Beach, North Bay Village, City of Opa Locka, Village of Palmetto  Bay, Village of Pinecrest, City of South Miami, City of Sunny Isles Beach, Town of Surfside, City of Sweetwater, Village of Virginia Gardens, and City of West Miami. And we can ride to our parks on the ocean and Biscayne Bay. We can ride to mangroves and farmland in the Redlands.

John H. (Jack) Hickey grew up in Miami and riding his bicycle around this county his entire life. Jack understands bicycle riders and bicycle riding. It is an essential form of transportation and recreation. For some people, the bicycle is how they get to work. For others and most of us, it is fun. Bicycle riding allows us to see the sights and get exercise outside at the same time.

Bicycle riding in Miami-Dade County, however, can be dangerous. Bicyclists rely on car and truck drivers to respect their right to be on the road. When vehicles hit bicycles, the bicycle rider is likely to be killed or suffer catastrophic injuries and the driver of the car, truck, or bus is likely not to be injured at all.

When accidents happen, you need the experienced Miami injury lawyers at Hickey Law Firm on your side. We have been fighting for bicycle accident victims and other personal injury victims for 40 years.

We’ve been recognized by national, state, and local legal associations for our impressive record of success as trial advocates. We have the experience and resources Miami bicycle accident victims and families need to present and argue the strongest case possible.

The Best Lawyers in America© recognizes John H. (Jack) Hickey in three areas: Personal Injury Litigation – Plaintiffs, Admiralty and Maritime Law, and Medical Malpractice –Plaintiffs. Attorney John H. (Jack) Hickey is Board Certified by The Florida Bar in Civil Trial  and by the National Board of Trial Advocacy (NBTA).

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How often do bicycle accidents happen?

Almost 1,000 bicyclists die and more than 130,000 bicycle riders are hurt in bicycle accidents on US roads each year, according to the US Centers for Disease Control and Prevention. The Florida Department of Highway Safety and Motor Vehicles statistics for 2020 show that there were nearly 6,000 reported bicycle accidents causing 169 deaths, 759 incapacitating injuries, and 4,815 other types of injuries. There were even more crashes in 2019 and 2018.

Since a bicycle is no match for the size and weight of a vehicle, the bicycle riders take the full brunt of the force of the collision. Bicycle accidents include a car, truck, or motorcycle directly striking a bicycle, as well as riders who fall from the bicycle when they are either struck by the vehicle or when they try to brake or steer to avoid the vehicle.

WHEN PEOPLE NEED A SPECIALIST IN LIFE CHANGING INJURIES,
PEOPLE CHOOSE HICKEY LAW FIRM.

What causes Miami bicycle accidents?

Most bicycle accidents in Miami are due to the negligence of a driver. Some of the common causes of driver negligence include:

  • Speeding and other traffic rule violations
  • Drivers who drive under the influence of alcohol or drugs
  • Driver distraction including texting while driving, using a smartphone, eating, and drinking
  • Driver fatigue
  • Failure of a driver to respect the right of the bicyclist to be on the road
  • Entering a crosswalk improperly
  • Failure to yield to bicyclists at a crosswalk or intersection
  • Driving too fast for weather conditions
  • Opening car doors without looking for a bicyclist
  • Dangerous road conditions
  • Poor visibility

Many Miami bicycle accidents are also due to defective bicycle parts.

What types of bicycle accident injury cases do you handle?

At Hickey Law Firm, we handle the tough cases. We represent victims who have catastrophic injuries and permanent injuries as well as injuries that take a long time to heal. We also represent the families of loved ones who die in a bicycle accident. Some of the many different types of injuries we handle include:

  • Traumatic brain injuries
  • Spinal cord injuries, including paralysis
  • Traumatic amputation/loss of limb injuries
  • Broken bones, including complex, compound, simple, and other fractures
  • Neck, shoulder, and back injuries
  • Tissue, muscle, ligament, and nerve damage
  • Road rash if a bicycle rider slides along the highway
  • Dental damage
  • Burn injuries
  • Scarring and disfigurement
  • Psychological harm
  • Other severe injuries

Many bicycle accident victims never fully recover from a bicycle accident. Many live with a lifetime of pain and need long-term medical help.

Who is responsible for my Miami bicycle accident?

At Hickey Law Firm, we file claims against everyone responsible for your accident or the death of a loved one. The primary defendant in most Miami bicycle accident cases is the driver of the vehicle that struck the bicycle. Other defendants may include:

  • The owner of the vehicle the driver was operating, if it wasn’t the driver. For example, if a teenager causes an accident while driving his/her parents’ car, then the parents may also be liable.
  • The employer of the driver
  • A bicycle repair shop
  • A manufacturer of a defective bicycle part
  • The Florida Department of Transportation or other governmental agencies, if the roadway or intersection was improperly designed

Generally, the insurance carriers for the car, truck, or bus which hit you  pay your damages. If they are underinsured or had no insurance, your own uninsured motorist coverage may apply.

What are Florida’s bicycle laws?

There are many different bicycle laws that govern drivers and bicycle riders. Some of the rules that apply to drivers include:

  • “Drivers MUST give bicyclists a minimum of three feet of clearance when driving alongside or passing them.
  • When turning, yield to any bicyclist in the bike lane and make your turn behind the cyclist.
  • Avoid using high-beam headlights when you see a bicyclist approaching.
  • Before opening a car door, check for bicyclists who may be approaching from behind.”

Car, truck, and bus drivers are legally obligated to keep the distance of their vehicles from bikes. Florida law, in Florida Statute Section 316.083, requires drivers to keep three  feet away from bicycles. That applies whether the bike is on the street or in a bike lane. Section 316.083 (2) and (3) provide:

  1. The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle or an electric bicycle occupying the same travel lane must pass the bicycle or other nonmotorized vehicle or electric bicycle at a safe distance of not less than 3 feet or, if such movement cannot be safely accomplished, must remain at a safe distance behind the bicycle or other nonmotorized vehicle or electric bicycle until the driver can safely pass at a distance of not less than 3 feet and must safely clear the overtaken bicycle or other nonmotorized vehicle or electric bicycle.
  2. The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle, or an electric bicycle, occupying a bicycle lane must pass the bicycle, other nonmotorized vehicle, or electric bicycle at a safe distance of not less than 3 feet between the vehicle and the bicycle, other nonmotorized vehicle, or electric bicycle.

What about rules for riders?

Some of the rules that apply to bicycle riders include:

  • Bicycle riders must obey all traffic signs, signals, and controls.
  • The bicyclist must use a “fixed, regular seat for riding.”
  • Parents and guardians cannot knowingly allow a child or minor ward to violate any provisions of Florida bicycle laws.
  • “Every bicycle must be equipped with a brake or brakes which allow the rider to stop within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement.”
  • “A bicyclist who is not traveling at the same speed of other traffic must ride in a designated bike lane…or as close as practicable to the right-hand curb or edge of the roadway.

Bicycle riders under 16 must wear a properly fastened bicycle helmet. There are additional equipment rules, signaling rules, left-turn rules, and many other rules Florida bicyclists must follow.

What about electric bicycles?

People who operate electric bicycles also have rights. Florida also regulates electric bicycles. Florida Statute Section 316.20655 applies to electric bicycles and provides:

  • Except as otherwise provided in this section, an electric bicycle or an operator of an electric bicycle shall be afforded all the rights and privileges, and be subject to all of the duties, of a bicycle or the operator of a bicycle, including s. 316.2065. An electric bicycle is a vehicle to the same extent as a bicycle. However, this section may not be construed to prevent a local government, through the exercise of its powers under s. 316.008, from adopting an ordinance governing the operation of electric bicycles on streets, highways, sidewalks, and sidewalk areas under the local government’s jurisdiction; to prevent a municipality, county, or agency of the state having jurisdiction over a bicycle path, multiuse path, or trail network from restricting or prohibiting the operation of an electric bicycle on a bicycle path, multiuse path, or trail network; or to prevent a municipality, county, or agency of the state having jurisdiction over a beach as defined in s. 161.54(3) or a dune as defined in s. 161.54(4) from restricting or prohibiting the operation of an electric bicycle on such beach or dune.
  • An electric bicycle or an operator of an electric bicycle is not subject to the provisions of law relating to financial responsibility, driver or motor vehicle licenses, vehicle registration, title certificates, off-highway motorcycles, or off-highway vehicles.
  • Beginning January 1, 2021, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed in a prominent location to each electric bicycle. The label must contain the classification number, top assisted speed, and motor wattage of the electric bicycle.
  • A person may not tamper with or modify an electric bicycle so as to change the motor-powered speed capability or engagement of an electric bicycle, unless the label indicating the classification number required in subsection (3) is replaced after such modification.
  • An electric bicycle must comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission under 16 C.F.R. part 1512.
  • An electric bicycle must operate in a manner so that the electric motor is disengaged or ceases to function when the rider stops pedaling or when the brakes are applied.
  • An operator may ride an electric bicycle where bicycles are allowed, including, but not limited to, streets, highways, roadways, shoulders, bicycle lanes, and bicycle or multiuse paths.

How much is my Miami bicycle accident claim worth?

Our Miami injury lawyers have some of the highest verdicts and settlements in the state, including many for millions of dollars and hundreds of thousands of dollars. We demand compensation for all your injuries related to your bicycle accident including:

  • All economic and non-economic damages
  • Medical expenses, past and future
  • Lost income and loss of earning capacity (for the future)
  • Pain, suffering, loss of the enjoyment of life, mental anguish, physical disability and impairment, scarring, and disfigurement
  • Loss of consortium (the effects that the injuries have on your marital relationship)

We demand payment of wrongful death damages if a loved one died In a Miami bicycle accident.

How much time do I have to file a bicycle accident claim?

Generally, all negligence claims must be filed within two years from the date of the accident. Other shorter time limits may apply if the defendant is a state entity or agency. Different time limits may apply in product defect cases.

The best step to take is to contact Hickey Law Firm as soon as possible after a bicycle accident. Your strongest case depends on a prompt investigation of the accident site, speaking with witnesses while the accident is still fresh in your mind, and focusing on your medical care as quickly as possible.

Do you have a bicycle accident lawyer near me?

We are located in the heart of Miami.  Our Miami office is located at 12150 SW 128th Ct, Suite 225. We meet with clients whenever and wherever.  But we also can “meet” you on Zoom and can sign you up remotely.  You never have to come to our offices just to sign up.

Our lawyers will calmly and clearly guide you through each phase of your bicycle accident claim.

WHEN THE STAKES ARE HIGH, PEOPLE CHOOSE HICKEY LAW FIRM. ™

Call Hickey Law Firm after a bicycle accident caused you injury

At Hickey Law Firm, our Miami bicycle accident lawyers understand why bicycle accidents happen, the laws that motorists must follow, and who should be held liable for your injuries.

We know medicine and what you are going through.  We work with your doctors to show just how life-changing your injuries are. When negligence causes the death of a loved one, we demand just compensation from those who failed to value the life of your loved one.

To schedule a free consultation, call us or complete our contact form. We’re ready to fight for you from day one.

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