Cycling in Fort Myers is a great experience. You can stroll in the city, along the beach, or just enjoy nature. Unfortunately, many bicycle accidents happen across Lee County, including Fort Myers. During the first half of 2023, over 140 bicycle incidents were reported across Lee County. Many factors play in these rising accidents, such as dangerous intersections and the lack of dedicated bike lanes.
This is why it is important to understand the laws in case you get into a bicycle accident in Ft. Myers. In this guide, we will discuss the rights and obligations of cyclists, accident liabilities, and compensation for damages. We will also teach you how to document evidence after a crash and what to do after an accident.
Here at 1-800-ASK-GARY®, our mission is to help you get the assistance you need in case of bicycle and other accidents. Let’s begin.
Rights and Obligations: What Cyclists in Fort Myers Should Know
Cycling in Fort Myers affords you the same rights as motorists. But, you do need to abide by safe motorist laws. To avoid a bicycle accident in Ft. Myers, you need to understand your rights and obligations—and always remember them. By knowing these key aspects of motor vehicle and cycling laws and safety practices, you can help make roads safer.
Can Cyclists Use Full Lane?
Bicyclists can use the full lane when necessary for safety. For instance, you can use the full lane if the road is too narrow to share with a vehicle. This is allowed because Florida law recognizes bicycles as vehicles.
Should Cyclists Follow Traffic Laws?
Since Fort Myers and other parts of Florida consider bicycles as vehicles, cyclists are required to follow all standard traffic laws. These include obeying traffic signals, following stop signs, and riding with traffic flow.
Is Sidewalk Riding Allowed?
In Fort Myers, sidewalk riding is allowed. However, bicyclists need to yield to pedestrians since the latter are the priority on sidewalks. You also need to let pedestrians know you’re sidewalk riding by giving audible signals, such as saying “on your left” or “on your right.”
Are Helmets and Safety Lights Required?
Helmets are only required for cyclists under 16. But, everyone is highly encouraged to wear them when cycling. When it comes to safety lights, bikers need a front white light visible from 500 feet and a rear red light (or reflector) visible from 600 feet at night.
When is a Biker Liable?
If you got into a bicycle accident in Ft Myers, you need to know if you have any liability. It depends on many factors, such as the following.
Negligence
If you failed to use reasonable care, then you’re liable. These could happen if you run a red light, ride while distracted, or fail to yield.
Partial Fault
Partial fault means you and other individuals involved in the accident are both responsible. Fort Myers follows comparative negligence law. In this law, if a cyclist shares fault for an accident, their compensation may be reduced.
Proximate Cause
In Fort Myers’ bicycle accident laws, proximate cause matters. Authorities will investigate if you did something that mainly caused the accident. If the proximate cause is on you, then you could be liable.
Compensation for Damages: What Can You Recover?
As a cyclist you are able to try to get compensation if you’ve been involved in a bicycle accident in Ft. Myers. To give you an idea, here’s what you can recover after a cycling incident.
Economic Damages
Economic damages cover financial losses, such as medical bills, therapy, and injury recovery care. Lost wages can also be recovered if you’re unable to work because of the bicycle accident. If your bike was damaged, you can get back the cost for repair or replacement.
Non-Economic Damages
Experiencing a bicycle accident can lead to emotional and personal damage as well. This is where non-economic damages come in. You can get compensation for the pain and suffering you’ve experienced.
Punitive Damages
Punitive damages are losses or damages that can lead to punishment. There are some instances when you can get compensation and have the individual responsible for the accident punished. In case the other person can’t settle and provide the compensation you are entitled to, they will face punishment instead.
How to Collect Bicycle Accident Evidence
It is important to collect evidence after a bicycle accident in Ft. Myers. You can protect your rights if you have enough proof. Here’s how to document properly.
1. File a Police Report
Go to the nearest police station or find a police officer. Having a police report will give you an official account of the accident.
2. Take Photos
If you can, take photos of the accident right away. Capture the damages on your bike, your injuries, the road condition, and involved vehicles if there are.
3. Find Witnesses
If other people who saw the bicycle accident, ask for their contact details. They can provide important information, such as how the accident happened and who is responsible.
4. Gather Medical Records
Collect all medical records of your injuries and medical care. Also, keep related bills, diagnoses, as well as treatment notes. These will support your claim.
Filing Claims or Lawsuits After a Bicycle Accident
Filing claims or lawsuits after a bicycle accident in Ft. Myers can confuse you. To help you, here are the steps you need to follow to ensure fair compensation and treatment.
Insurance Claims
It would be best if you file an insurance claim since Florida follows a no-fault system. If you’re seeking compensation, your insurance company can give it to you. However, some injuries or damages that exceed insurance limits are still settled by the other individual or parties involved in the accident.
Filing a Lawsuit
You can file a personal injury lawsuit against the other party if your insurance doesn’t cover the damages. If you want to win the lawsuit, you need to have enough evidence to prove the other person’s negligence.
Lawsuit Deadline
In Florida, you’re allowed to file a lawsuit two years from the date of the accident. If you miss this deadline, you may never be able to recover the damages.
Need Help?
If you’ve been in a bicycle accident in Ft. Myers, contact us here at 1-800-ASK-GARY right away. We will connect you with trusted medical providers and experienced legal professionals. We only want to give you the care and guidance you need.Our representatives are available 24/7, making sure that you get assistance night and day. If legal action is necessary, our team will find the right attorney for your needs. For medical help or legal assistance, dial 1-866-939-4794 and call us or visit our website.
