A driver passes you on Okeechobee Boulevard, cuts back into your lane too early, and turns right directly across your path. You slam into the passenger door at 18 mph. Your helmet cracks. Your collarbone doesn’t. This is called a right-hook collision, and it’s one of the most common ways cyclists get hurt in West Palm Beach. Florida law requires drivers to give you three feet when passing and to yield before turning across a bike lane. But knowing the statute doesn’t help much when you’re on the pavement with a fractured clavicle and a totaled bike.
Here’s what does help: understanding how Florida’s insurance rules work for bicycle crashes, what you need to do in the first 14 days to protect your medical coverage, and when you can step outside the state’s no-fault system to recover full compensation from the driver who hit you.
Need Legal Guidance? Talk to Eric Goldman Today.
Get answers to your real estate, landlord-tenant, or personal injury questions. Free consultations available for Florida residents.
Florida Treats Your Bicycle as a Vehicle
Under Florida Statutes Section 316.2065, a bicycle is legally a vehicle. You have the same rights as a car and most of the same duties. That means you can take the lane when it’s too narrow to share safely. It also means you’re supposed to stop at red lights and ride with traffic, not against it.
The three-foot passing rule is in Section 316.083(1). When a driver overtakes you, they must leave at least three feet of clearance between their vehicle and your handlebars. If the lane is too narrow to pass safely with three feet, they’re supposed to slow down and wait until they can move into the next lane. Many drivers in West Palm Beach either don’t know this or ignore it.
At night, you’re required to have a white front light visible from 500 feet and a red rear light and reflector visible from 600 feet. If you get hit at night without lights, the driver’s insurance company will use that against you even if the driver ran a stop sign. It doesn’t make the crash your fault, but it does give the adjuster ammunition to argue comparative negligence.
Your Auto Insurance PIP Covers You Even on a Bike
Florida’s no-fault system is built around Personal Injury Protection, or PIP. If you carry auto insurance with PIP coverage, that policy typically covers you when you’re injured in a bicycle crash involving a motor vehicle — even though you weren’t driving your car. Section 627.736 governs PIP and requires coverage for 80% of your medical bills and 60% of lost wages, up to your policy limit (often $10,000).
The catch is the 14-day rule. You must seek medical treatment within 14 days of the crash to access PIP benefits. If you wait longer, the insurer can deny the claim entirely. Even if you feel fine the day after the crash, get checked out. Adrenaline and shock mask injuries. Traumatic brain injuries, internal bleeding, and spinal damage don’t always announce themselves immediately.
There’s a second trap. If the emergency room or your doctor doesn’t diagnose you with an emergency medical condition — a term of art defined in the statute to include things like substantial risk of serious dysfunction or disfigurement — your PIP benefits may be capped at $2,500 instead of the full $10,000. Insurance companies fight over this designation constantly. A concussion might qualify. Road rash and a bruised hip might not, even if the pain is severe.
If you don’t carry auto insurance because you don’t own a car, you may still be able to access PIP through a household relative’s policy. If that’s not an option, you’ll be looking at your health insurance and the at-fault driver’s bodily injury liability coverage.
When You Can Sue for Pain and Suffering
Florida’s no-fault system limits your ability to recover non-economic damages like pain and suffering unless your injuries meet the tort threshold in Section 627.737. To step outside the no-fault rules and sue the driver directly for full compensation, you need to show one of the following:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
A broken collarbone that heals completely in three months probably doesn’t meet the threshold. A traumatic brain injury with lasting cognitive deficits does. A torn rotator cuff that requires surgery and leaves you with permanent range-of-motion loss does. Facial scarring from road rash might, depending on severity and location.
This threshold matters because it determines whether you can recover compensation for months of pain, the inability to ride or exercise, and the anxiety every time you see a car drift into the bike lane. Without meeting the threshold, you’re stuck with PIP’s limited medical reimbursement and whatever the driver’s insurer offers for your bike and gear.
Most serious bicycle crashes meet the threshold. Cyclists don’t have airbags or crumple zones. When a 4,000-pound SUV hits you, the injuries tend to be significant. The insurance company will still fight the permanency determination, which is why you need medical records from specialists — orthopedic surgeons, neurologists, physical therapists — who can document lasting impairment.
You Have Two Years to File Suit
Florida’s statute of limitations for negligence-based personal injury claims is two years from the date of the crash. That deadline is in Section 95.11(4)(a), and the Florida Supreme Court has been clear that it’s a hard cutoff. Miss it by a day and your case is dead, no matter how strong your evidence.
Two years sounds like a long time. It isn’t. Severe injuries take months to treat and stabilize. You can’t evaluate the full extent of permanent damage until you’ve finished physical therapy and your doctors have given you a final prognosis. Insurance companies know this and will drag out negotiations hoping you’ll either give up or run out of time.
Start the process early. An attorney needs time to investigate, pull surveillance footage before it’s deleted, interview witnesses while their memories are fresh, and consult accident reconstruction experts if fault is disputed. Waiting 18 months to call a lawyer leaves almost no room to build a strong case if settlement talks fail.
Wrongful death claims also carry a two-year deadline under Section 95.11(4)(d). If a family member was killed in a bicycle crash, the personal representative of the estate must file within two years of the death.
What If You Were Partly at Fault
Florida switched to modified comparative negligence in 2023. Under Section 768.81, your damages are reduced by your percentage of fault. But if you’re found more than 50% responsible for the crash, you recover nothing.
Say you were riding at dusk without lights and a driver turned left across your path without yielding. A jury might find you 30% at fault for the lack of lights and the driver 70% at fault for failing to yield. If your damages total $200,000, you’d recover $140,000. But if the jury puts you at 51% fault, you get zero.
This is a dramatic change from the old rule, which let you recover even at 99% fault. Defense attorneys across South Florida are using the 51% bar to pressure plaintiffs into low settlements. They’ll argue you were speeding, not wearing a helmet, riding unpredictably, or violating some minor traffic rule to push your fault percentage over 50%.
Florida doesn’t require helmets for adult cyclists. If you weren’t wearing one, the defense will still bring it up to suggest you were careless. It’s not legally relevant to liability, but juries sometimes hold it against you anyway. Document everything that shows the driver’s negligence — witness statements, traffic camera footage, the driver’s own admissions in the crash report.
The Crashes That Happen Most Often
Right-hook collisions are common in West Palm Beach because of the mix of bike lanes, right-turn lanes, and drivers who don’t check their mirrors. The driver passes you, merges back right, and turns across the bike lane without looking. You’re in their blind spot or they misjudged your speed. Section 316.151 requires drivers to yield to vehicles — including bicycles — in the lane they’re turning across.
Left-turn crashes happen when an oncoming driver turns left in front of you at an intersection. They either didn’t see you or misjudged your speed. Cyclists are smaller and harder to see than cars, but that doesn’t excuse the failure to yield. The driver has a duty to make sure the turn is safe before executing it.
Dooring is exactly what it sounds like. A parked car’s door swings open into your path. You hit it, or you swerve into traffic to avoid it and get hit by a car. The person who opened the door is liable for failing to check for cyclists before opening. That’s true even if you were riding close to parked cars — you’re allowed to ride in the street.
Overtaking collisions happen when drivers pass too close or misjudge your speed and sideswipe you. The three-foot rule exists precisely to prevent this. If the driver’s mirror clips your elbow or their passenger-side panel knocks you off the bike, they violated Section 316.083.
Crashes at crosswalks and intersections often involve a driver turning right on red without checking for cyclists, or a driver blowing through a red light or stop sign entirely. Cyclists on sidewalks have the same rights as pedestrians when crossing at a crosswalk, and drivers are required to yield.
Alcohol is a factor in a significant percentage of crashes. A drunk driver’s reaction time and judgment are impaired. If the driver who hit you was over the legal limit, that strengthens your case and may open the door to punitive damages in extreme cases.
Injuries You Should Expect and Document
Bicycle crashes produce the kind of trauma you’d see in a motorcycle crash. You’re unprotected. Common injuries include traumatic brain injuries, skull fractures, spinal cord damage, broken collarbones and ribs, fractured arms and legs, pelvic fractures, internal bleeding, and severe road rash.
Traumatic brain injuries are particularly insidious. A concussion can result from a direct blow to the head or from your body being hit hard enough that your brain slams against the inside of your skull. Symptoms include headache, dizziness, nausea, confusion, memory problems, difficulty concentrating, sleep disruption, and mood changes. Some symptoms don’t appear for days. This is why you should get evaluated within 14 days even if you feel fine.
Spinal injuries can cause permanent paralysis or chronic pain. A herniated disc might not show up on an X-ray in the emergency room but will become obvious on an MRI weeks later when you’re still in pain and your leg is numb. Fractures often require surgery and months of physical therapy. Internal injuries can be life-threatening if not caught early.
Road rash sounds minor but can be disfiguring and excruciating. It’s not just a scrape. It’s layers of skin torn off, gravel embedded in tissue, and a high risk of infection. Severe road rash can require skin grafts and leave permanent scarring.
All of this needs to be documented in medical records. See specialists. Follow their treatment plans. If your doctor refers you to physical therapy, go. If they recommend an MRI, get it done. Insurance adjusters will comb through your records looking for gaps in treatment to argue your injuries weren’t that serious.
Who Pays and How Much
The at-fault driver’s bodily injury liability coverage is the primary source of compensation beyond PIP. Florida only requires drivers to carry $10,000 in property damage liability. Bodily injury coverage is not required unless the driver has been convicted of certain violations. That means the driver who hit you might have no insurance or a minimal policy that doesn’t come close to covering your damages.
This is where uninsured and underinsured motorist coverage on your own auto policy becomes critical. UM/UIM coverage kicks in when the at-fault driver has no insurance or insufficient insurance. If you have a $100,000 UM policy and the driver who hit you has no insurance, your UM carrier steps in to cover your damages up to $100,000.
You can also recover property damage — the cost to replace your bike, helmet, phone, clothing, and any other gear destroyed in the crash. Take photos before you repair or discard anything.
Economic damages include all past and future medical expenses, lost wages, and loss of earning capacity if your injuries affect your ability to work long-term. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and the inability to participate in hobbies and activities you loved before the crash.
If the cyclist dies, the family can bring a wrongful death claim under Florida’s Wrongful Death Act. Damages include loss of support and services, loss of companionship, mental pain and suffering, and medical and funeral expenses. The personal representative of the estate must file within two years.
Punitive damages are available in rare cases involving gross negligence or intentional misconduct — extreme DUI, road rage, or a driver who fled the scene. These are governed by Sections 768.72 and 768.73 and require clear and convincing evidence. They’re not common, but they’re on the table in the worst cases.
What You Should Do Right After the Crash
- Call 911. Get police and paramedics to the scene. An official crash report creates a record of what happened and usually includes the driver’s insurance information and any citations issued. If the driver tries to talk you out of calling the police, call anyway.
- Take photos of everything: vehicle positions, skid marks, debris, the bike, your injuries, traffic signs, and road conditions. Take photos of the driver’s license and insurance card. Get the driver’s name, license number, insurance information, and phone number. Get contact information for any witnesses. If there are businesses or homes nearby with security cameras, note their locations.
- Do not give a recorded statement to the driver’s insurance company before you talk to an attorney. Adjusters are trained to get you to say things that minimize your injuries or suggest you were partly at fault. “I’m fine” or “I didn’t see the car” can be used against you later.
- Do not repair or throw away your bike or helmet until an attorney has inspected and photographed them. The damage to your helmet can show the force of impact. The damage to your bike can help reconstruct the crash.
- Seek medical evaluation immediately, and make sure you’re seen within 14 days to preserve PIP benefits. Follow all treatment recommendations. If you miss appointments or stop going to physical therapy, the insurance company will argue you must not be hurt that badly.
- Keep a journal. Write down your pain levels, what activities you can’t do, how the injuries affect your work and daily life, and your emotional state. This kind of documentation is powerful evidence of non-economic damages.
Protect Your Rights. Call Eric Goldman.
Whether you are buying a home, dealing with a landlord dispute, or recovering from an injury, Eric Goldman can help. Serving clients throughout Florida.
Why West Palm Beach Experience Matters
An attorney who handles bicycle crashes in Palm Beach County knows the roads where crashes happen most often — Okeechobee Boulevard, Flagler Drive, Southern Boulevard, US-1. They know which intersections are poorly designed and which drivers routinely ignore the three-foot rule.
They also know the judges in the 15th Judicial Circuit and the Palm Beach County Court. They know which insurance companies fight every claim and which ones settle reasonably. They know the local trauma centers, orthopedic practices, and neurologists who provide strong medical opinions about permanency.
Cases involving government entities — for example, a crash caused by a missing stop sign or a pothole that threw you into traffic — require navigating sovereign immunity rules and notice requirements under Section 768.28. Those claims have their own procedural traps. You need someone who has handled them before.
The investigation has to start immediately. Surveillance footage gets deleted after 30 or 60 days. Witnesses forget details. Skid marks fade. An attorney who knows what to look for and how to preserve evidence makes the difference between a strong case and one that falls apart because critical evidence is gone.
If you were hit by a car while riding your bike in West Palm Beach, call an attorney before you talk to the insurance company. The adjuster is not your friend, the 14-day clock is ticking, and the two-year deadline is closer than you think.
