Serving all of Florida
Florida Bicycle Accident Lawyer
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 by video, anywhere in Florida
Can I get paid if a car hit me on my bike in Florida, even if I share some blame?
Usually yes. In Florida, cyclists have the same rights and duties as drivers (§ 316.2065). Drivers must give you at least 3 feet of space when they pass (§ 316.083). If a driver breaks that rule, the law can treat the violation itself as proof of carelessness (“negligence per se”). You usually have 2 years from the crash to sue (§ 95.11(5)(a)).
The car does not have to touch you. A driver who passes too close and forces you to crash can still be responsible. If you own a car, or live with a relative who does, your own no-fault coverage (PIP, § 627.736) may pay first, even though you were riding. Florida also has a “serious injury” test (§ 627.737). It's a test you must pass before you can claim pain and suffering. Once you pass it, you can go after the driver who caused the crash for everything you lost.
If you were partly at fault, your payment is cut by your share. If you were more than 50% at fault, you get nothing (§ 768.81). And if the driver had no insurance, your own uninsured driver coverage (UM/UIM) may pay. That is part of your own policy that pays when the other driver has no insurance, or not enough.
Florida bicycle accident — the facts that matter
- Deadline to file
- 2 years from the crash (§ 95.11(5)(a))
- 3-foot passing law
- Drivers must give cyclists at least 3 feet (§ 316.083)
- Fault rule
- You can get paid if you are 50% or less at fault
- What it costs
- Free case review · no fees or costs unless we recover for you
What they do
How insurance companies try to blame the cyclist
Bike cases get a special playbook. Blaming the rider is the cheapest way to cut what they pay.
Blame the rider
They argue you ran a light, rode against traffic, or were hard to see. The goal is to push your share of the blame over the 50% line.
‘No contact, no case’
They claim that because the car never touched you, you have no claim. Florida law says otherwise, and the 3-foot rule is often the proof.
The quick, low offer
A fast check before you know how badly you're hurt. It's designed to close the file for a fraction of what it's worth.
Next steps
After a bicycle crash in Florida
Report & document
Call 911, and photograph the scene, the car, its plate, and your injuries.
Get treated quickly
See a doctor right away. If you're claiming PIP, it must be within 14 days.
Keep the bike and gear as they are
Keep your bicycle, helmet, and damaged gear unrepaired — they're evidence.
Talk before you give a statement
Don't give the driver's insurance company a recorded statement before you get advice.
Florida bicycle law
The rules that decide your claim
Cyclists are ‘drivers’
Under § 316.2065, cyclists have the same rights and duties as drivers of vehicles on Florida roads.
The 3-foot rule
“Negligence per se” means breaking the law is itself proof that the driver was careless. So a ticket for an unsafe pass on the crash report, or camera footage of it, does much of the work of proving fault for you.
The 50% fault bar
Insurance companies use this rule as a weapon. If they push your share of the blame past 50%, they pay nothing. That's why the “blame the rider” arguments above matter. Adult riders don't have to wear a helmet in Florida. And if you didn't wear one, that can't be used as evidence that you were careless (§ 316.2065).
2-year deadline
Florida generally gives you 2 years from the crash to file an injury lawsuit (§ 95.11(5)(a)).
A recent result
Paid in full.
Bicycle accident · confidential settlement
One of several recent recoveries by the firm. Each case is different and past results do not guarantee a similar outcome. See more results →Client reviews
What clients say
“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
Florida bicycle accident FAQ
Do I have a case if the car never actually hit me?
Possibly yes. Florida law does not require the car to touch you. If a driver's unsafe pass or move forced you to crash, that can still be carelessness. The 3-foot passing law (§ 316.083) often helps prove it.
How much room must a driver give a cyclist in Florida?
At least 3 feet when passing, under § 316.083. That applies in a shared lane or a marked bike lane. If they cannot pass safely at that distance, they must wait behind you.
Can I get paid if I was partly at fault?
Yes, as long as you are found 50% or less at fault. Under § 768.81, your payment is cut by your share of the blame. If you are more than 50% at fault, you get nothing.
Does PIP cover me if I was on a bicycle?
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. Once your injuries pass Florida's “serious injury” test (§ 627.737), you can also go after the driver who caused the crash.
What if the driver who hit me had no insurance?
Your own uninsured driver coverage (UM/UIM) can apply even though you were on a bike. It follows you, not the vehicle.
Does a pre-existing condition hurt my case?
Not by itself. If the crash made an old injury or condition worse, Florida law says the person who caused the crash owes you for that. What does hurt a case is hiding the old injury. Be honest with your lawyer and your doctors.
Tell me what happened. The case review is free.
You'll talk to me, a senior attorney who spent nearly two decades working for the insurance companies. Not a case manager. No fees or costs unless we recover for you.
Call 786-442-2873