A Miami-Dade bicycle accident lawyer helps a cyclist hit by a vehicle recover compensation from the at-fault driver's insurance company. Florida law gives cyclists the same rights and duties as any other driver on the road, and insurance adjusters often undervalue these claims.
Berger & Hicks, P.A. represents cyclists injured across Homestead, West Kendall, and the South Miami-Dade suburbs, where commuting and recreational riding are part of daily life.
Martin Berger and Zachary Hicks handle these claims personally, from gathering witness statements through negotiating with the driver's insurer or taking the case to trial.
Call (305) 670-7050 for a free consultation.
Why Berger & Hicks Takes Bicycle Injury Claims Seriously
Martin Berger has practiced for more than three decades and holds an AV Preeminent rating. Zachary Hicks, a Super Lawyers honoree fluent in Spanish, brings more than two decades of his own experience.
Both partners handle bicycle injury cases directly, which matters because these claims often get treated as minor by insurance adjusters who assume a bike crash cannot cause serious harm.
That assumption is often wrong.
A cyclist has no seatbelt, no airbag, and no steel frame around them, which means even a crash at moderate speed can cause fractures, head trauma, or long-term injury.
Berger & Hicks takes these cases on a no-fee-unless-recovery basis, with a free consultation and no upfront cost. Our team also handles cases in Spanish.
What Rights Do Cyclists Have on Florida Roads?
Florida law gives a person riding a bicycle the same rights and duties as the driver of any other vehicle, under Fla. Stat. § 316.2065(1). A cyclist is not a pedestrian according to the law, and drivers are legally required to treat a bike the same way they treat a car sharing the road.
That right comes with a specific positioning rule. A cyclist riding slower than surrounding traffic must stay as close as practicable to the right side of the road or within a bike lane, except in a few clearly defined situations.
- When passing another bicycle or vehicle moving in the same direction.
- When preparing to make a left turn.
- When avoiding a hazard, parked vehicle, pedestrian, or a lane too narrow to share safely with a car.
- When riding at the normal speed of traffic, in which case the cyclist may take the full lane.
Knowing these exceptions matters after a crash, because insurance companies sometimes point to lane position as evidence of fault without accounting for a legitimate reason the cyclist left the shoulder.
How Does Florida's Three-Foot Passing Law Protect Cyclists?
Florida law requires a driver overtaking a cyclist to leave a safe distance of at least three feet between the vehicle and the bicycle, under Fla. Stat. § 316.083. If a driver cannot pass at that distance safely, the driver has to stay behind the cyclist until it is safe to do so.
| Situation | What Florida Law Requires |
|---|---|
| Riding slower than traffic | Stay near the right edge or in a bike lane, with listed exceptions |
| Riding at normal traffic speed | May take the full travel lane |
| Vehicle passing a cyclist in the same lane | Must leave at least 3 feet of space |
| Riding between sunset and sunrise | Must use a front white light and rear red light or reflector |
What Are the Most Common Causes of Bicycle Accidents in Homestead and West Kendall?
Cyclists in South Miami-Dade face a mix of suburban intersections, agricultural roads, and commuter traffic, and certain patterns show up again and again in local crash reports.
- Drivers failing to yield when turning left across a cyclist's path.
- Distracted drivers who do not see a cyclist until the last moment.
- Dooring, where a parked car's door opens directly into a cyclist's path.
- Unsafe road shoulders or bike lanes that suddenly narrow or disappear.
- Drivers running red lights or stop signs at suburban intersections.
Infrastructure in the fast-growing pockets of West Kendall and Homestead has not always kept pace with the number of cyclists using these roads, which adds a layer of risk that a driver's insurance company rarely wants to discuss.
What Happens During a Dooring Accident?
A dooring accident happens when someone inside a parked car opens the door directly into a passing cyclist's path, often without checking for oncoming traffic first. These crashes can throw a cyclist into moving traffic, turning what looks like a minor incident into a serious one.
Fault in a dooring case generally falls on the person who opened the door without checking, though proving that requires the same kind of evidence any other bicycle crash needs: witnesses, photographs, and a clear timeline of what happened in the seconds before impact.
What Should a Cyclist Do Right After a Crash?
The steps a cyclist takes in the minutes after a crash can shape the entire claim, especially since a bicycle shows less visible damage than the injuries actually sustained.
- Call 911 and request police and medical response, even if the injury feels minor at first.
- Photograph the bicycle, the vehicle, the road position of both, and any visible injuries.
- Get the driver's name, insurance information, and license plate before leaving the scene.
- Collect contact information from any witnesses who saw the crash happen.
- Avoid posting about the crash on social media before speaking with an attorney.
How Does Insurance Bias Affect Bicycle Injury Claims?
Insurance adjusters approach a bicycle claim assuming the cyclist was reckless or should not have been on the road in the first place, even when the driver was clearly at fault.
Florida's modified comparative fault rule bars a cyclist from recovering anything if they are found more than 50 percent at fault for the crash, and reduces the award proportionally at 50 percent or below.
Because a cyclist rarely has anything equivalent to a car's black box data, witness statements, traffic camera footage, and the responding officer's crash report often carry more weight in a bicycle case than in an ordinary car accident.
What Compensation Can a Bicycle Accident Claim Recover?
A cyclist injured by a negligent driver may be entitled to recover several categories of damages, depending on the severity of the injury and how it affects daily life going forward.
| Damages | Coverage |
|---|---|
| Medical treatment | Past and future care, including emergency treatment, surgery, and physical therapy |
| Lost income | Wages missed during recovery and reduced future earning capacity for a disabling injury |
| Pain and suffering | The physical and emotional impact of the crash |
| Property damage | The bicycle itself and any gear damaged in the collision |
How Long Do You Have to File a Bicycle Accident Claim in Florida?
Florida generally gives an injured cyclist two years from the date of the crash to file a negligence-based lawsuit, under Fla. Stat. § 95.11(4)(a). This two-year window, shortened from four years by a 2023 change in the law, applies to most bicycle accident claims against a negligent driver.
Missing that deadline generally bars the claim entirely, regardless of how clearly the driver was at fault. Because evidence like traffic camera footage and witness memory fade quickly, waiting until close to the deadline to seek help rarely benefits an injured cyclist.
FAQs for the Miami-Dade Bicycle Accident Lawyers at Berger & Hicks
The driver's insurance company said I was partly at fault because I wasn't in the bike lane. Is that true?
Not necessarily. Florida law allows a cyclist to leave the right edge or bike lane in several specific situations, so the full circumstances of the crash need to be reviewed before accepting that argument.
I wasn't wearing a helmet. Does that hurt my case?
Florida does not require adult cyclists to wear helmets, so a lack of one generally does not affect fault, though it could be raised in connection with the severity of certain head injuries.
The driver who hit me only has the state minimum insurance. Is it even worth pursuing a claim?
It may still be worth pursuing, since a cyclist's own uninsured or underinsured motorist coverage can sometimes fill the gap when the at-fault driver's policy is not enough.
Can I still file a claim if the police report says I was at fault?
Yes, in most cases. A police report is not the final word on fault, and an independent investigation sometimes uncovers facts the responding officer did not have at the scene.
Do I need a lawyer for a minor bicycle accident?
Maybe. Even a seemingly minor bicycle crash can involve significant medical costs, so a free consultation helps clarify whether the case is worth pursuing.
What if the driver who hit me left the scene?
A hit-and-run bicycle accident can still be pursued through the cyclist's own uninsured motorist coverage, and identifying the driver later through witnesses or nearby cameras remains possible in many cases.
How much does hiring a bicycle accident attorney cost upfront?
Nothing. Berger & Hicks handles bicycle accident cases on a no-fee-unless-recovery basis, and the initial consultation is free.
Can I recover if I was riding on the sidewalk instead of the road?
Yes, in most cases, though riding on a sidewalk brings its own set of rules around yielding to pedestrians that can factor into how fault is assigned.
How long does a bicycle accident case typically take to resolve?
It depends on the severity of the injury and whether the insurer disputes fault, but many cases resolve through negotiation once liability and damages are clearly documented.
Does my auto insurance cover me if I'm hit while riding a bicycle?
Often yes. Many personal auto policies extend certain coverage, such as medical payments or uninsured motorist benefits, to a policyholder injured while riding a bicycle, so checking an existing policy is worth doing early.
Protect Your Claim by Speaking to a Miami-Dade Bicycle Accident Lawyer
A bicycle claim gets a lower first offer than the injury actually justifies simply because of what caused it, not the medical reality behind it.
Berger & Hicks, P.A. represents cyclists across Homestead, West Kendall, and the South Miami-Dade suburbs at no upfront cost, with no fee unless the case recovers.
Call (305) 670-7050 to speak with our lawyers.