Not owning a car doesn't mean insurance coverage doesn’t apply to you after a bicycle accident. That misunderstanding costs West Kendall cyclists real money every year. Berger & Hicks, P.A. represents cyclists hit by vehicles on the roads, greenways, and neighborhood streets throughout West Kendall and the surrounding South Miami suburbs.
Florida treats a cyclist struck by a car similarly to a pedestrian for insurance purposes, which opens up coverage many riders never expect to have.
A cyclist without a car can still access personal injury protection benefits through a household member's policy, or even through the driver who hit them.
Sorting out which policy applies takes someone who works these claims regularly. Call Berger & Hicks, P.A. at (305) 670-7050 or complete the contact form on this page to find out what coverage applies to your accident.
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Why Choose Berger & Hicks, P.A. For A West Kendall Bicycle Accident Claim?
A bicycle accident case requires more than filing an insurance claim. Berger & Hicks, P.A. provides direct access to experienced trial attorneys who handle cases personally instead of passing clients through layers of staff.
Martin Berger brings 32 years of experience handling personal injury cases and holds an AV Preeminent rating. Zachary Hicks brings 21 years of experience and recognition from Super Lawyers. Together, they focus on helping injured people throughout West Kendall, Homestead, and the surrounding South Miami suburbs.
What separates Berger & Hicks, P.A. from other firms:
| What Clients Get | How Berger & Hicks, P.A. Handles Cases |
|---|---|
| Direct Attorney Access | Clients work directly with Martin Berger or Zachary Hicks instead of communicating only with case managers or intake staff. |
| Trial-Ready Preparation | The firm prepares cases with the possibility of trial from the beginning and has experience presenting cases before judges and juries. |
| Selective Case Intake | The attorneys remain personally involved in their cases and focus on claims where they believe the facts support moving forward. |
| Personalized Guidance | Clients receive answers from attorneys familiar with their case rather than feeling lost in a high-volume system. |
| Risk-Free Consultation | The firm offers free consultations, advances case costs, and charges no fee unless there is a recovery. |
Whether the injury happened on a busy West Kendall road, near Homestead neighborhoods, or elsewhere in South Miami-Dade, Berger & Hicks, P.A. helps cyclists understand which insurance coverage applies and what steps may protect their claim.
Call Berger & Hicks, P.A. at (305) 670-7050 or complete the contact form to speak with an attorney about your bicycle accident.
Schedule Your ConsultationWhat Should You Know About Bicycle Accident Claims in Florida?
A bicycle accident claim in Florida generally follows the same negligence rules as any other roadway collision, since Florida law gives cyclists the same rights and duties as drivers of any other vehicle.
This standard comes from Florida Statute 316.2065, which governs how cyclists must operate on public roads.
That statute also lays out specific duties unique to cyclists, and a driver's insurer looks at whether the cyclist followed them.
- Riding Position: Cyclists traveling slower than surrounding traffic must ride in a bike lane or as close to the right edge of the roadway as safely possible.
- Nighttime Lighting: Bicycles ridden between sunset and sunrise must carry a front white light and a rear red light or reflector.
- Sidewalk And Crosswalk Rules: A cyclist riding on a sidewalk or through a crosswalk takes on the same rights and duties as a pedestrian in that space.
- Traffic Signal Compliance: Cyclists must obey the same traffic signals, stop signs, and right-of-way rules that apply to motor vehicles.
None of these duties shifts the core question in a bicycle accident case, which almost always comes down to whether the driver failed to see, yield to, or safely pass a cyclist who had every right to be on the road.
What Common Causes Lead To Bicycle Accidents In West Kendall?
Bicycle accidents in West Kendall often stem from a driver's failure to properly account for a cyclist's presence on the road, rather than any error by the rider. Certain collision patterns show up consistently along the corridor's busy commercial strips and residential side streets.
Several recurring scenarios account for a large share of the bicycle collisions reported in this part of Miami-Dade County.
- Dooring Incidents: A parked car's door opens directly into a cyclist's path along a bike lane or roadway shoulder.
- Right Hook Turns: A driver turning right across a bike lane fails to check for a cyclist traveling alongside the vehicle.
- Failure To Yield At Intersections: A driver pulling out from a side street or driveway does not see an approaching cyclist with the right of way.
- Unsafe Passing Distance: A driver passes too closely, clipping a cyclist or forcing them off the roadway entirely.
Each of these scenarios produces different physical evidence and witness accounts, which is why documenting exactly how the collision happened matters just as much as documenting the resulting injury.
What Should I Do After A Bicycle Accident In West Kendall?
The steps taken immediately after a bicycle accident can affect the evidence available and the strength of an insurance claim. A cyclist should focus first on getting medical care, documenting the crash scene, and preserving information that may help explain what happened.
Steps that help protect a bicycle accident claim:
| Step | Why It Matters |
|---|---|
| Seek Medical Treatment | Medical records connect the crash to the injuries and document the care needed after the accident. |
| Report The Accident | A police report creates an official record of the collision, the vehicles involved, and the information gathered at the scene. |
| Document The Scene | Photos of the bicycle, vehicle damage, road conditions, traffic signs, and injuries help preserve details that may change later. |
| Collect Witness Information | Witness statements may help establish how the collision occurred and whether the driver failed to act safely. |
| Preserve The Bicycle And Equipment | Keeping the damaged bicycle, helmet, and riding gear helps prevent the loss of evidence related to the crash. |
| Avoid Giving A Recorded Statement Too Quickly | Insurance companies may use recorded statements to evaluate fault before all evidence is available. |
A bicycle accident claim depends on details that disappear quickly after a crash. Preserving evidence early gives attorneys and insurers a clearer picture of what happened and how the injuries occurred.
Does My Auto Insurance Cover A Bicycle Accident In Florida?
Yes, Florida's no-fault insurance system extends personal injury protection coverage to cyclists struck by motor vehicles, under Florida Statute 627.736.
A cyclist qualifies for these benefits the same way a pedestrian does, meaning the source of the coverage may come from more than one direction.
Several different policies may apply depending on the cyclist's own situation and the details of the crash.
- The Cyclist's Own Policy: If the cyclist or a household relative owns an insured vehicle, that policy's PIP coverage generally applies first.
- The At-Fault Driver's PIP: A cyclist without available PIP coverage through their own policy or a household policy may need to look to other available sources of coverage depending on the circumstances of the crash.
- Uninsured Motorist Coverage: A cyclist who owns a car with UM coverage may file a claim under that coverage if the driver who hit them carried no insurance or fled the scene.
- The Driver's Bodily Injury Liability Coverage: Once medical costs exceed the PIP limit and the injury meets Florida's serious injury threshold, a claim against the driver's liability coverage becomes available.
Getting initial medical treatment within 14 days of the crash protects PIP eligibility regardless of which policy ends up paying, and missing that window can eliminate benefits a cyclist would otherwise have received.
How Long Do I Have To File A Bicycle Accident Claim In Florida?
Florida gives an injured cyclist two years from the date of the crash to file a negligence-based lawsuit against the at-fault driver, under Florida Statute 95.11. This two-year window reflects the 2023 changes to Florida's general negligence deadline, which cut the previous four-year period in half.
Florida also applies a modified comparative negligence standard to bicycle accident claims under Florida Statute 768.81. A cyclist found more than 50 percent responsible for causing their own crash cannot recover damages, which makes early documentation of traffic signals, lighting conditions, and right-of-way facts particularly important.
Waiting to pursue a claim risks losing witness memory and physical evidence like skid marks or dashcam footage that often disappears within weeks of a crash.
What Compensation is Available After A Bicycle Accident?
Compensation after a Florida bicycle accident depends on the severity of the injury, the medical treatment required, and whether the cyclist's injuries meet the state's serious injury threshold for non-economic damages. Every case gets evaluated on its own facts and documentation.
Cyclists injured by a negligent driver may pursue several categories of damages once PIP benefits run out or fall short.
- Medical Expenses: Costs beyond the PIP limit, including emergency care, surgery, and ongoing rehabilitation.
- Lost Wages: Income missed during recovery, along with reduced future earning capacity for serious injuries.
- Pain And Suffering: Physical pain and emotional distress tied to injuries meeting Florida's permanent injury threshold.
- Property Damage: The cost of a damaged or destroyed bicycle, helmet, and riding gear.
Bicycle crashes frequently produce fractures, road rash, and head injuries severe enough to clear the serious injury threshold, which is part of why insurers scrutinize these claims closely from the start.
How Do Insurance Companies Respond To Bicycle Accident Claims?
Insurance companies representing the at-fault driver typically look for ways to shift blame onto the cyclist before ever discussing a fair settlement. Big Insurance carriers train adjusters specifically to spot gaps in a cyclist's account of the crash.
Certain tactics show up consistently once a bicycle accident claim reaches a driver's insurer.
- Blaming Rider Visibility: Arguing the cyclist lacked proper lighting or reflective gear at the time of the crash.
- Disputing Right Of Way: Claiming the cyclist ran a stop sign or entered traffic without the right of way.
- Minimizing Injury Severity: Downplaying road rash, soft tissue injuries, or concussions as minor despite lasting symptoms.
- Delaying PIP Payments: Slow-walking the 14-day treatment verification or requiring repeated documentation before releasing benefits.
Recognizing these tactics early helps a cyclist avoid giving a recorded statement that gets used against their own claim later in the process.
How Berger & Hicks, P.A. Handles Bicycle Accident Claims In West Kendall
Martin Berger brings 32 years of trial experience and an AV Preeminent rating to bicycle accident claims, while Zachary Hicks carries 21 years of experience and a Super Lawyers recognition alongside fluency in Spanish from his years in the Peace Corps.
Clients throughout West Kendall, Homestead, and the South Miami suburbs work directly with these attorneys rather than a rotating team of case managers.
Berger & Hicks, P.A. advances the costs of building a bicycle accident case and charges no fee unless the client recovers. A free consultation covers which insurance policies apply to your specific crash and what evidence matters most for your claim.
Ask Berger & Hicks, P.A.
Q: Can I still make a claim if I don't own a car or have my own auto insurance?
A: Yes, you may still access PIP benefits through a household relative's auto policy or through the at-fault driver's own PIP coverage if no household policy exists. Florida law treats cyclists like pedestrians for these purposes.
Q: What happens if the driver who hit me doesn't have insurance?
A: If you or a household relative carry uninsured motorist coverage on an auto policy, that coverage may apply depending on the policy terms and whether you qualify as an insured person under the policy.
Q: Do I need a police report to file a bicycle accident claim?
A: Yes, a police report documents the scene, statements, and information insurers review during a claim.
Q: Can I still recover damages if I wasn't wearing a helmet?
A: Yes. Since Florida does not require adult cyclists to wear helmets, helmet use may still be considered as a factor relating to injury severity.
Talk To A West Kendall Bicycle Accident Lawyer About Your Coverage
Figuring out which insurance policy actually pays your medical bills after a bicycle accident often takes more digging than the crash itself, and getting that answer wrong costs real money. Martin Berger and Zachary Hicks review these coverage questions directly with every new client.
Call Berger & Hicks, P.A. at (305) 670-7050, submit the contact form on this page, or visit the firm at 9700 South Dixie Highway, Suite 850, Miami, FL 33156 to find out what applies to your case.
Schedule Your Consultation