Legal Rights for Injured Cyclists in Hit-and-Run Accidents

Cyclists in Florida face unique risks when they hit the road. With its mix of urban and rural areas, Florida has a high rate of bicycle accidents, many of which involve drivers who flee the scene. A hit-and-run can be especially challenging for injured cyclists, leaving them with medical bills, lost wages, and no clear path to compensation. However, cyclists still have legal options to seek justice and recover damages, even when the at-fault driver is not immediately found.

If you are a cyclist involved in a hit-and-run accident in Florida, it’s crucial to understand your legal rights and the steps you can take to protect yourself. Below, we break down the key aspects of what to do after such an incident and how to navigate the legal process.

Understanding the Impact of a Hit-and-Run for Cyclists

A hit-and-run accident occurs when a driver strikes another person or vehicle and then leaves the scene without providing contact information or aiding the victim. For cyclists, this is particularly dangerous because they don’t have the protection of a vehicle’s frame, making them vulnerable to serious injuries even at low speeds.

After a hit-and-run accident, cyclists often face two major challenges:

• Physical Injuries: These accidents can result in broken bones, head injuries, spinal injuries, and road rash. Without immediate medical attention, injuries can worsen.
• Financial Strain: Medical bills can pile up quickly, and without the at-fault driver’s information, it may seem difficult to pursue compensation.

While it may seem like there are limited options after a hit-and-run, Florida law provides several ways to help injured cyclists recover damages, even when the driver has fled.

Florida’s No-Fault Insurance System and Cyclists

Florida follows a no-fault insurance system for auto accidents. This means that, typically, your own insurance coverage will pay for medical expenses and other related costs regardless of who caused the accident. However, this system can be complicated for cyclists involved in a hit-and-run, as they do not have car insurance to fall back on.

Cyclists can still benefit from their own Personal Injury Protection (PIP) coverage if they have it. PIP insurance is a type of coverage that pays for medical expenses and a portion of lost wages after an accident, regardless of fault. If you have a Florida car insurance policy, your own PIP coverage may apply, even if you weren’t in the car at the time of the accident. But, there are some limitations. PIP will not cover all of your medical expenses, and it won’t address pain and suffering or other damages, like lost wages that exceed the PIP limit.

If you don’t have car insurance or PIP coverage, you may need to look into other options for compensation.

Uninsured Motorist Coverage and How It Helps

One of the most important protections cyclists can use after a hit-and-run is uninsured motorist (UM) coverage. Uninsured motorist coverage is designed to protect you in the event that the driver responsible for the accident is uninsured or cannot be located. This type of coverage can help cover medical expenses, lost wages, and other damages you may have incurred.

Many Florida drivers carry uninsured motorist coverage as part of their car insurance policy. If you are struck by a hit-and-run driver and the at-fault driver cannot be identified, UM coverage can help pay for your medical bills and other costs related to the accident.

Even if you don’t have your own car insurance, you might be covered under a family member’s policy if they have UM coverage. If you don’t know whether you have this coverage, it’s important to review your insurance policy and speak with an attorney to understand your options.

Steps to Take After a Hit-and-Run Bicycle Accident

Knowing what to do immediately after a hit-and-run is critical to ensuring your legal rights are protected. Here are the steps you should take:

• Call 911: After any accident, it’s essential to call the police. Law enforcement can document the scene, interview witnesses, and start an investigation into the incident. In a hit-and-run case, they may be able to find evidence that leads to the driver. Having a police report will also be crucial if you need to pursue an insurance claim or legal action.
• Seek Medical Attention: Even if you feel fine after the accident, it’s important to see a doctor. Injuries like concussions, soft tissue damage, and internal injuries can be hard to detect immediately. A doctor can document your injuries and create an official record that may be important for your claim.
• Gather Evidence: If you’re physically able to do so, collect as much evidence as possible. Take photos of your injuries, the location of the accident, your damaged bicycle, and anything else that may help prove the accident occurred. Write down any details you remember about the driver or their vehicle, such as the make and model, color, or license plate number.
• Talk to Witnesses: If there were any bystanders or other drivers who saw the accident, get their contact information. Witnesses can provide valuable testimony about the driver’s behavior and any details about the crash that you may not have noticed.
• Notify Your Insurance Company: Report the accident to your insurance company as soon as possible. If you have PIP coverage or uninsured motorist coverage, they need to be notified so they can begin processing your claim.
• Consult with a Personal Injury Lawyer: A personal injury lawyer experienced with bicycle accidents can help guide you through the process. They can assist with dealing with insurance companies, investigating the hit-and-run, and ensuring you receive fair compensation for your injuries and damages.

Seeking Compensation for Injuries

Once you have gathered evidence and filed a claim, there are several avenues you may pursue to recover damages. In a hit-and-run situation, these are some common options:

• Personal Injury Protection (PIP): If you have PIP coverage, this will help cover your medical expenses and a portion of lost wages, though it may not cover all of your expenses.
• Uninsured Motorist (UM) Coverage: If the hit-and-run driver is never found, you may be able to use UM coverage to cover medical bills, lost wages, and other damages.
• Bodily Injury Liability: If the driver is found, you can pursue a claim against their insurance for bodily injury liability. This can cover medical costs, pain and suffering, lost wages, and other expenses.
• Legal Action Against the Driver: If the hit-and-run driver is identified, your lawyer may recommend pursuing a lawsuit against them to recover additional compensation for your injuries, including pain and suffering.

Conclusion

A hit-and-run accident can leave cyclists in a tough spot, especially when there’s no clear path to compensation. However, Florida law provides various ways for injured cyclists to recover damages, including through PIP coverage, uninsured motorist coverage, and other insurance options. If you are a cyclist injured in a hit-and-run accident, it’s important to act quickly and seek advice from an experienced personal injury lawyer to ensure your rights are protected and that you can pursue the compensation you deserve.