Serving all of Florida
I spent nearly two decades defending insurance companies in crash cases. Now I use everything I learned to fight for you.
— Emanuel Galimidi, former insurance-defense attorney
Main Office Miami · In person or video consultations statewide
Usually yes. In Florida, cyclists have the same rights and duties as drivers (§ 316.2065), and drivers must pass you at a safe distance of at least 3 feet (§ 316.083) — a violation can support negligence per se. You generally have 2 years from the crash to sue (§ 95.11(5)(a)). Contact is not required: a driver who forces a crash with a too-close pass can still be liable. If you own a car or live with a relative who does, your own PIP (§ 627.736) may pay first even though you were riding, and you can pursue the at-fault driver for full damages once your injuries meet the serious-injury threshold (§ 627.737). Your recovery is reduced by your share of fault and barred only if you are more than 50% at fault (§ 768.81). And if the driver had no insurance, your own uninsured-motorist coverage can step in.
What they do
Bike cases get a special playbook — because shifting blame to the rider is the cheapest way to cut what they pay.
They argue you ran a light, rode against traffic, or weren't visible — to push fault onto you under the 50% bar.
They claim that because the car never touched you there’s no claim — Florida law says otherwise, and the 3-foot rule is often the proof.
A fast check before your injuries are fully known — designed to close the file for a fraction of its value.
Next steps
Call 911, and photograph the scene, the car, its plate, and your injuries.
See a doctor promptly — within 14 days if you're claiming PIP.
Keep your bicycle, helmet, and damaged gear unrepaired — they're evidence.
Don't give the driver's insurer a recorded statement first — get advice.
Florida bicycle law
Under § 316.2065, cyclists have the same rights and duties as drivers of vehicles on Florida roads.
“Negligence per se” means the violation itself proves the driver breached a duty — so a citation for an unsafe pass on the crash report, or camera footage of it, does much of the liability work for you.
Insurers use this rule offensively: push your share past 50% and they pay nothing — which is why the “blame the rider” arguments above matter. Adult riders aren’t required to wear a helmet in Florida, and not wearing one can’t be used as evidence that you were negligent (§ 316.2065).
Florida generally gives you 2 years from the crash to file an injury lawsuit (§ 95.11(5)(a)).
A recent result
Bicycle accident · confidential settlement
One of several recent recoveries handled by the firm. Each case is different and past results do not guarantee a similar outcome. See more results →Client reviews
“I never once felt like just another file; my well-being was his priority. We achieved the maximum possible outcome for my case.”
— Luciana Neves · Google“His long experience working for the other side — the insurance companies — is absolutely invaluable when negotiating a payout.”
— Victor · Avvo“They were very helpful, professional and always kept me updated throughout my case. They made the whole process easy and were always available to answer my questions.”
— Lana · Google“Emanuel not only helped me win my case but helped me understand all the processes and procedures you need to go through when dealing with a claim. He’s an expert in his field and I highly recommend his services.”
— Alexander Siriani · GoogleIndividual results; outcomes vary by case. Reviews are from the firm’s Google and Avvo profiles.
Questions people ask
Possibly yes. Florida law does not require contact. If a driver's unsafe pass or maneuver forced you to crash, that can still be negligence — often supported by the 3-foot passing law (§ 316.083).
At least 3 feet when passing, under § 316.083 — in a shared lane or a marked bike lane. If they cannot pass safely at that distance, they must wait behind you.
Yes, as long as you are found 50% or less at fault. Under § 768.81 your recovery is reduced by your share, and barred only if you are more than 50% at fault.
Often yes. If you own a vehicle or live with a relative who does, your own PIP may pay first even though you were riding. You can also pursue the at-fault driver once your injuries meet the serious-injury threshold (§ 627.737).
Your own uninsured/underinsured motorist coverage can apply even though you were on a bike — it follows you, not the vehicle.
Not by itself. Florida law lets you recover for the aggravation of a prior injury or condition — if the crash made it worse, the at-fault party owes you for the worsening. What does hurt a case is hiding the prior condition, so be candid with your lawyer and your doctors.
You'll talk to a senior attorney who spent nearly two decades on the other side — not a case manager. No fees or costs unless you recover.
Call 786-442-2873