Average Bicycle Accident Settlement in Florida

The popularity of bicycling as a form of commuting, recreation, exercise, and sport has increased over the years, with more than 48 million Americans participating in 2019. While bicycling provides countless benefits to riders in terms of efficiency, health, and the environment, with benefits come the risk of catastrophic and permanent injuries from bike collisions with motor vehicles.

I Got Hit by a Car on My Bike. Can I Sue?

If you’ve been hit by a car while riding your bike, you might be wondering, “Can I sue?” Yes, you can sue if you got hit by a car on your bike. In fact, Florida recorded a record 6,678 bicycle crashes on roadways in 2019. Very few cyclists hit by a car walk away with minimal injuries. Florida law permits bicycle accident survivors to pursue a personal injury claim for their injuries. Many personal injury lawsuits reach a settlement before trial. However, achieving a fair settlement for your injuries requires the help of an experienced personal injury attorney who operates on a contingency fee basis, meaning no fee unless we win.

Disclaimer

This case value calculator is for informational purposes only. It is no substitute for sound legal advice. You should be aware that the value of an individual personal injury case is based on many factors, including liability determination, witness testimony, accident reconstruction, and how long a settlement takes, which varies by case complexity.

Is There an Average Settlement for a Cyclist Hit by a Car?

Wondering if there is an average settlement for a cyclist hit by a car? The amount of compensation a cyclist hit by a car can expect is subject to the outcome of settlement negotiations and the specific details of the case, evaluated on a case-by-case basis. However, your personal injury attorney may provide insight as to what damages you may be eligible to recover in your lawsuit. According to the bicycle accident settlement examples listed on this page, the typical Florida bicycle accident lawsuit is anywhere from $100,000 to $600,000. Settlements depend greatly on the unique circumstances of each case, which is why there is no accurate average settlement amount for bicycle accident lawsuits in Florida.

Recent Bicycle Accident Settlements and Awards in Florida

In these recent examples of settlement cases, here’s how much we were able to recover for victims of bicycle accidents. The unique circumstances of each case play a significant role in determining settlements, which is why it is important to contact us today to learn how we can help with immediate investigation and expert witnesses to support your claim.

$240,000 Bicycle Accident Settlement – Recovered

In March of 2022, our client, who was a New Jersey resident, returned to his summer home in Florida for a vacation.  While he was in Florida, one of his pastimes included taking long bike rides with a group of friends on his custom 12-speed bike.  When his group was biking down Drew Street, in Clearwater, a vehicle failed to stop at an intersection and struck our client on his right side.  As a result of the impact, our client was thrown over the hood of the defendant’s vehicle and into the street.  An ambulance was called to the scene and our client was transported to the nearest emergency room.  At the hospital, our client was treated for numerous patches of road rash and for complaints of right shoulder and right elbow pain as well as soft tissue injury.

After he was discharged from the hospital, he quickly hired our firm.  We referred our client to an orthopedic surgeon who immediately sent our client out for an MRI of the right shoulder and an MRI of the right elbow.  Both MRIs revealed extensive internal damage to the joints.  Our client ultimately underwent a right shoulder arthroscopic procedure and decided to treat the right elbow with physical therapy and rehabilitation.

While our client was receiving treatment for his injuries, are firm was fast at work locating any and all applicable insurance coverages.  Through our investigations we determined that, unfortunately, the defendant did not have any bodily injury coverage.  We were, however, able to secure a sizable uninsured motorist insurance policy for the client through his own personal policy in New Jersey and a separate policy that was held by his wife. 

Through quick and aggressive negotiations with both insurance companies, we were able to secure $120,000 from each policy for a total $240,000.  The client was happy that he made a very good recovery and could return to his active lifestyle, and he was equally happy that the case resolved without the need to go to trial or mediation.

$600,000 / Motor Vehicle/Bicycle Accident / Closed Head Injury

Our client sustained a closed-head injury while riding a bicycle when struck by a vehicle.

$225,000 Bicycle Accident Settlement

In this unfortunate case, our client was traveling southbound on 4th Street South on her bicycle in a designated crosswalk at the intersection with 6th Ave. South in St. Petersburg, FL. Our client was crossing the street on a green light when the defendant, who was headed westbound on 6th Ave. South, negligently entered the crosswalk and struck our client, knocking her off her bicycle. The defendant was found at fault by the police and cited for careless driving.

Shortly after the accident, our client presented to a pain clinic with injuries to her neck, lower back, and left hip.  She was diagnosed with multiple neck and low back disc herniations after undergoing MRI scans.  A scan of her left hip also revealed a labral tear.  Her pain management physician recommended, and our client consented to numerous injections in her hip and lower back in order to relieve the pain.  Ultimately, our client required a surgery known as a sacroiliac joint fusion for her left hip.

Not long after her surgery, our client tragically passed away from causes that were unrelated to her accident.  Under Florida law, we were limited to collecting her unpaid medical expenses and compensation for the pain and suffering she endured from the date of the bicycle accident until she passed away, which was around 10 months.

We presented a demand to the defendant’s insurance company and negotiated hard for fair compensation.  Despite the legal limitations on the damages we were entitled to claim, we were ultimately able to convince the insurer to pay $225,000.00 to settle the claim.  An estate was then established, and our client’s sister was appointed as the executor.  We were also able to get the medical providers to take substantial discounts on their balances so as to maximize the recovery.  Our client’s sister was very pleased with the result.

$100,000 / Motor Vehicle/Bicycle Accident / Cervical Disc Fractures

This tragic crash occurred when our client was riding his bicycle in the parking lot area of a public boat ramp in Clearwater, Florida. As he was riding, a large truck being driven by the defendant pulled out directly in front of our client. He veered to the right in an attempt to avoid colliding with the truck, however, his bicycle fell to the right as a result, and he hit the ground hard.

Our client was rushed to the hospital where x-rays revealed serious, unstable fractures in the neck. Three days after the crash, our client underwent surgery to fuse the bones of his cervical and upper thoracic spine.

Unfortunately, in this case, the negligent driver was uninsured. Our client did, however, purchase what is known as uninsured motorist coverage (“UM”) UM coverage is insurance that protects you by providing compensation if you are injured by a negligent driver who is uninsured or underinsured for your damages. In seeking compensation for our client, we were limited to the amount of insurance our client had purchased. Based on our efforts though, we were able to recover all the available UM insurance for our client.

If you’ve been hit by a car while on a bike, don’t wait any longer to seek the settlement you deserve. Contact us today to learn how we can help you get the compensation you need after a bicycle accident.

Common Causes of Bicycle Accidents

Bicycle accidents can occur anywhere. However, bicyclists are often disproportionately injured in these accidents compared to motorists. Without a car to shield them, bicyclists have no physical protection other than their helmets. Even on neighborhood streets and at low speeds, bicycle accidents result in severe and sometimes fatal injuries, including whiplash, scarring, and permanent disability.

Bicycle accidents may be caused by any number of factors. These factors are important because they are used to establish fault and liability of the at-fault driver. Common causes of bicycle accidents include:

• Driver inattention and distracted driving,
• Failure to yield the right of way,
• Speeding and reckless operation of vehicles,
• Dangerous road conditions,
• Riding at night,
• Impaired driving, and
• Bad weather.

While many bicycle accidents result from driver error, in some situations, bicyclists may be found at least partially at fault for an accident, which raises the question of what if I was partially at fault and how comparative negligence affects your claim.

Bicyclists should ride with caution at all times. However, when certain unavoidable conditions exist, such as dangerous weather or road conditions, bicyclists should raise their awareness to protect themselves from the risk of bicycle accidents.

How is Fault Determined?  

Florida is a modified comparative negligence state. This means that if you are found to be no more than 50% at fault for the accident, your recovery is reduced by the same proportion as your percentage of fault. As an example, if you are found to be 20% at fault in an accident, you may still recover 80% of your damages in a lawsuit. If, however, your percentage of fault is found to be more than 50%, you are barred from any recovery under the law. If you’ve been thinking, “Can I sue if I was hit by a car while biking?” it’s important to understand how your level of fault might impact your ability to recover damages and whether you need expert witnesses and accident reconstruction to prove the liable driver was responsible.

What Should I Do First? 

There are many steps to take after you suffer an accident on a bicycle. Knowing what to do immediately following a bicycle accident makes a difference in maintaining control and protecting your rights, and understanding when to contact an attorney is critical since immediate investigation preserves evidence.

Seek Medical Attention

Even if you believe you have not been injured, seek medical attention. You may suffer injuries you are unaware of immediately following an accident, such as a concussion, traumatic brain injury, or internal soft tissue injury. Medical records legitimately document your injuries and may increase the value of your bicycle accident settlement.

Additionally, follow all required medical directions and recommendations for your recovery. Failing to follow through with prescribed medical treatment may negatively affect the value of your case and can impact how much scarring and permanent injury compensation you receive.

Document the Scene

If physically able, write down every detail about the accident, including the following information: 

• Where and when you were hit by a car; 
• Road, traffic, and weather conditions; and
• Diagrams showing the position of parties involved for potential accident reconstruction by expert witnesses.

Take photos of the car that struck you, the license plate of the vehicle, your injuries, and damage to your bicycle. Additionally, exchange contact information with the driver. This includes a photo of their driver’s license, their insurance information, and witness testimony contact details if bystanders saw the collision.

Call 911

Call and wait for law enforcement officials to arrive at the scene. Responding officers create accident reports. These reports provide crucial, unbiased information used in bicycle accident lawsuits and settlement negotiations. Additionally, law enforcement officials assess the scene and determine whether other factors may have contributed to the accident, such as driving under the influence or a traffic violation by the at-fault driver, and what if police didn’t come can complicate your claim.

Never Negotiate with the Motorist

Even if a driver accepts blame for a bicycle accident, never accept any offers of settlement. You don’t know the full extent of your injuries and damage to your bike. 

Keep All Documentation

Your personal injury attorney will review and analyze all documentation related to your bicycle accident. Medical bills, bicycle repair receipts, and pay stubs are used to calculate the value of your claim. A bicycle accident settlement calculator may also be used to provide an estimate, but it is for informational purposes only and not a substitute for legal advice.

What Duties Do Bicyclists Have in Florida?

Florida law defines a bicycle as a vehicle. Therefore, Florida cyclists have all the same privileges, rights, and duties applicable to drivers. Bicyclists in Florida must undertake certain responsibilities.

First, all bicyclists in Florida must ride in the bike lane if traveling at speeds slower than vehicle traffic. If no bike lane is available, bicyclists must ride as far to the right as is safe to avoid interrupting traffic. 

If a bicyclist is younger than 16 years of age, they must wear a helmet at all times. Bicyclists also must obey all traffic signals while biking to avoid traffic violation citations that could establish liability.

What Factors Affect the Value of My Bicycle Accident Case?

Those injured in a bicycle accident may recover for economic and non-economic losses, and understanding how long a settlement takes and whether I will have to go to court depends on settlement negotiation success and whether mediation or arbitration resolves the claim.

Economic Damages 

Economic damages include those tangible, calculable losses related to your bicycle accident. The most common economic damages include the following:

• Past and future medical expenses, including diagnostic testing, rehabilitation, and life care planning for permanent disability,
• Lost wages and future loss of income, calculated by economic expert analysis and vocational rehabilitation assessment, and
• Property damage and repair to your bicycle and equipment.

Economic damages are generally easy to quantify and prove with documentary evidence. Recovery of these damages often alleviates the financial burden many feel following a bicycle accident and provides adequate and reasonable compensation for calculable losses.

Non-Economic Damages  

Non-economic damages do not have a specific monetary value and can vary widely. These losses may include:

• Pain and suffering,
• Emotional distress, 
• Loss of consortium,
• Loss of companionship,
• Disfigurement and scarring from road rash and permanent injuries, and
• Mental anguish.

Non-economic damages may vary from a fraction of the cost of your medical bills to multiple times the cost of your medical bills. Non-economic damages have the potential to make up the bulk of your bicycle accident settlement. The attorneys at Abrahamson and Uiterwyk never overlook the importance of non-economic damages. While money cannot truly compensate for many of these losses, it can help to ease your recovery. Similarly, understanding the average settlement for pedestrian hit by car cases can provide valuable insight into potential compensation for those affected by such accidents.

Contact Us

After you are hit by a car on a bike, you probably feel overwhelmed by the financial, emotional, and physical consequences of a bike accident. Acceptance of a first offer of settlement may sound like the right way forward, but in the end, it may cause more harm than good since insurance adjuster initial offers rarely represent full and maximum compensation.

Our team of experienced Florida bicycle accident lawyers who are licensed, dedicated, and results-driven with proven trial experience can fight to help you get justice for your injuries. But if a fair settlement can’t be reached, we are prepared to take your case to trial or pursue mediation and arbitration to secure a successful verdict or jury award. The team at Abrahamson and Uiterwyk provides all clients with personalized attention and compassion during difficult times. For over 35 Years, our firm has been fighting for the rights of injured victims and their families throughout Florida as a local and established firm providing statewide representation. We handle all types of personal injury cases with zeal and integrity on a contingency fee basis with no upfront costs and no fee unless we win.

If you or a loved one was involved in a bicycle accident, let us assist you in seeking a just settlement. Contact us 24/7, including holidays, weekends, and evenings, for a free consultation.