DAPENALAW
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Miami and Tampa bicycle accident lawyer

A bicycle is a vehicle. The driver owes you three feet.

Florida law treats a bicycle as a vehicle and a cyclist as a driver, with most of the same rights and most of the same duties. What it does not give you is a policy of your own in the collision, so the coverage question runs the same route it does for a pedestrian.

Passing distance
3 feetThe minimum a driver must leave when overtaking
Whose PIP pays
Yours firstThen a household policy, then the vehicle that hit you
Deadline to sue
2 yearsFla. Stat. § 95.11, for crashes on or after 24 March 2023
Helmets
Under 16Required by law only for riders under sixteen

01 What the driver owed you

Florida’s three-foot passing law and cyclists’ right to the lane

Florida requires a driver overtaking a bicycle to pass at a safe distance of not less than three feet. A cyclist is also entitled to use a full lane where the lane is too narrow to share safely, which is frequently the case on the arterial roads where these collisions happen.

The two recurring collisions are the right hook — a driver overtaking and then turning across the cyclist — and the door, opened into a bike lane by someone who did not look. Both are failures by the driver, and both are routinely described in the first report as the cyclist appearing from nowhere.

02 Helmets and the argument that follows

Do Florida cyclists have to wear a helmet

Florida requires a helmet only for riders under sixteen. An adult riding without one is riding lawfully, and the absence of a helmet is not negligence.

Expect it to be raised anyway as comparative fault, which since 2023 is an argument with teeth. Whether a helmet would have altered these particular injuries is a medical question answered with records and expert opinion, not an assumption.

03 Where these cases come from

Miami-Dade

Miami-Dade cycling injuries cluster on the causeways, along Biscayne and across the grid in Little Havana and Hialeah, where bike lanes start and stop without warning. The Rickenbacker draws fast group riding and the collisions that come with it.

The Miami office · Homestead

Hillsborough

Hillsborough cyclists ride Bayshore, the Upper Tampa Bay and Pinellas trail connections, and the commercial corridors in between, where bike lanes sit immediately beside parked cars and turning traffic.

The Tampa office

04 What damages a claim

  • Letting the damaged bicycle be thrown away before it is photographed.
  • Missing the fourteen-day PIP window.
  • Accepting the driver’s account in the police report without asking for a correction.
  • Assuming no helmet means no case.

Frequently asked questions about Florida bicycle accidents

I was riding on the sidewalk. Does that matter?

It can. Riding on a sidewalk is lawful in many places in Florida, and a cyclist there generally has the rights and duties of a pedestrian.

Where it matters is at driveways and intersections, where drivers are not looking for someone moving at riding speed. It becomes a comparative fault argument rather than a bar.

Who pays for my bicycle?

Property damage is a separate claim against the at-fault driver’s liability coverage, and it is settled separately from the injury claim.

Keep the bike, the receipts and the photographs. Settling the property damage early is normal; settling the injury claim early rarely is.

Tell Jose what happened

A free review of your bicycle accidents case, with no obligation, and no fee and no costs unless there is a recovery. English or Spanish, whichever you would rather use. You speak with Jose A. Dapena directly at every stage, not with an intake department — and if there is no claim worth bringing, he will tell you that.