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[post_content] => Drinking and driving is unfortunately very common, and Florida is far from immune from the dangers of drunk drivers. Nationwide, about 28% of all car accidents are caused by drunk drivers.
Nearly 8% of deaths related to alcohol-impaired driving happen in Florida on an annual basis, according to responsibility.org. Of all fatal car accidents in Florida, 26% are due to alcohol-impaired driving under the influence (DUI).
What is Considered Driving Under the Influence in Florida?
Legally, someone is considered under the influence of alcohol in Florida if their blood alcohol content (BAC) is 0.08% or higher. Of all the fatal DUI accidents in Florida each year, about 16% involved a BAC of 0.08% to 0.14%. Meanwhile, 84% of fatal DUI accidents involve drivers with a 0.15% or higher BAC – which is practically twice the legal limit.
While the legal limit is 0.08%, it is still possible for a driver’s driving to be impaired by alcohol or drug use even if their BAC is far below 0.08%.
What is the Benefit of Suing After Being injured by a DUI Driver in Florida?
There are numerous benefits to hiring a personal injury lawyer after being injured in a Florida car accident, especially if a DUI driver was involved.
For one, a personal injury lawsuit means that you will be able to pay your medical bills, be reimbursed for lost time from work, and be compensated for your pain and suffering.
While a drunk driver may face criminal charges, often, the only way for an injured person to seek justice after being injured by a DUI driver is through an injury lawsuit.
You’re legally entitled to seek recovery for damages, including emergency medical care, doctors’ visits, physical therapy, lost wages, and more.
What Can I Do If I Was Injured in a Car Accident with a DUI Driver? Florida DUI Injury Lawyer Explains Car Passenger Rights
Many people wonder if they can, and if they should, seek compensation for an injury caused in a car accident with a DUI driver in Florida. In Florida, you nearly always have a right to file a personal injury claim against the driver of the vehicle if you were injured in a car crash.
If you were hurt in a car accident of any kind as a passenger, you have the right to file an injury claim against the driver of the car you were in and maybe even against another driver if multiple vehicles were involved. If the driver of the car you were in, or the driver of another car involved in the accident, was driving under the influence of alcohol or drugs – you have even more reason to file a personal injury claim.
If someone was driving under the influence of alcohol or drugs, the fact that they were DUI helps establish their negligence in the accident.
What if the DUI Driver was a Family Member? Can I Sue Them?
If a family member was driving under the influence and was at fault for the accident, then the fact of the matter is that they are responsible for the accident. You can sue a family member in Florida if their negligence led to your injuries.
When family members are involved in a car accident, it can make things feel more complicated. Some clients worry about a lawsuit increasing their family member’s insurance policy premiums. Even if you file an injury claim against them, their insurance premium will increase.
Children and minors can even file injury claims against family members, including their parents or guardians, to ensure that they can get all the medical care and compensation they need and deserve after being involved in a DUI car accident.
Lawsuits can make people feel uncomfortable, whether it involves a family member or a friend. It’s important to remember that when you sue someone, you are actually effectively suing their insurance company most of the time. Assuming the driver has car insurance, when you file a personal injury lawsuit for injuries, their car insurance company will be the entity responsible for all your damages, compensation, and more that you’re legally entitled to.
If you choose not to sue after a car accident, the only entity that benefits is the insurance company. Filing an injury claim after being involved in a car accident is basically the way in which you claim what you’re already entitled to from the insurance company.
Were You Injured in a Car Accident as a Passenger with a Drunk Driver? South Florida DUI Injury Attorney Offers FREE Consultations
If you were hurt in a Florida DUI accident as a passenger in a car crash, you need to speak with an experienced Florida DUI Injury lawyer as soon as possible.
Please contact us online or call our Coral Springs law office directly at (954) 755-7803 to schedule your free consultation.
We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton, Miami-Dade County, Broward County, Palm Beach County and all points in between.
Schedule your Free Florida DUI Car Accident consultation today: (954)755-780
[post_title] => Were you injured as a passenger in a DUI accident? Advice from Coral Springs DUI Injury Attorney
[post_excerpt] => Did you know Florida is the most dangerous state in the nation for pedestrians? Injury & accident attorney Andrew Rosenberg shares pedestrian risks and rights.
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[post_content] => Florida is the Most Dangerous State for Pedestrians: Injury Attorney Shares Your Rights as a Pedestrian in Florida
Florida is the most dangerous state for pedestrians, according to a recent report. In the 10 years covered by the study, nearly 5,500 pedestrians died in Florida. The report also found that older pedestrians, people of color, and pedestrians in lower-income neighborhoods had the highest risk for fatal pedestrian accidents.
Florida reported 708 pedestrian deaths in 2020, according to Florida highway statistics. Florida is home to 9 of the cities on the list of the nation’s 13 most deadly metropolitan areas for pedestrians.
In this blog, we will address risk factors for pedestrians in Florida, and pedestrian rights, regulations, and safety tips from our pedestrian injury attorney.
Pedestrian Risk Factors and Crash Data in Florida
Pedestrians ages 65-74 have the highest pedestrian fatality rate, and pedestrians ages 5 to 18 have the lowest pedestrian fatality rate, according to a study conducted by a Florida university.
Pedestrian fatalities in Florida are less likely to occur at an intersection and more likely to take place at an uncontrolled mid-point in an intersection. More than 40% of pedestrian deaths in Florida happened near a controlled intersection, but in a place where a pedestrian had to judge whether it was safe to cross.
About 13% of pedestrian fatalities occurred when pedestrians were crossing an intersection.
Surprisingly, most pedestrian deaths in Florida were not intersection-related.
Florida Pedestrian Accident Data Shows us:
- Florida pedestrian deaths are most likely to occur between 6 pm and midnight and hours without daylight.
- Weather conditions were not a large factor in pedestrian deaths, as 70% of the accidents happened in clear weather conditions.
- In 9 out of 10 fatal pedestrian accidents, the roadways were dry.
- Pedestrian deaths were split nearly 50/50 between rural and urban environments, with 53% of accidents happening in a rural setting and 47% in an urban setting.
- Pedestrian accidents were spread out fairly evenly among the days of the week, but fatal crashes are most likely to happen on a Friday or a Saturday.
- In almost 40% of crashes, an action by the pedestrian resulted in the fatal injury.
- ○ About 28% of pedestrians failed to yield to the right-of-way of oncoming traffic.
- ○ 7% of pedestrians who died in an accident were alcohol- or drug-impaired.
- ○ About 3% combined involved pedestrians disregarding traffic signals or obstructing traffic.
- Pedestrian accidents are 4x more likely to occur when the pedestrian walked with traffic and not against or facing the traffic.
As you can see by this information, obeying traffic rules and the road as a pedestrian can be the difference between life and death. About 4 out of 10 accidents involve actions by a pedestrian.
Pedestrian Safety Tips Based on Specific Florida Risk Factors:
- Yield the right of way to traffic. Look both ways, twice. Make sure that you enter a road at a safe time and that drivers will have a very clear opportunity to see you. Don’t ever dart into the street or emerge into the road from between two parallel parked cars.
- Don’t drink and walk. Especially if you live near downtown, you may think that walking is a safer way to get around than driving, and it’s certainly cheaper than getting a cab or an Uber or a Lyft. Walking around drunk or under the influence of drugs can be extremely dangerous. Do not consider walking a safe method of transportation if you’ve been drinking.
- Obey traffic signals. Whenever possible, cross at designated crosswalks. It will help keep you safe, and in the event of an accident - fatal or not - it will help determine what rights you have as an injured pedestrian. It may seem overkill, but it’s also important to obey the crosswalk signals. Wait to cross until you have the walk signal.
What Are my Rights as a Pedestrian in Florida?
Most laws regarding pedestrian rights, regulation, and safety are found in
Florida Statute 316.130.
Pedestrian rights are strongest when walking in a marked crosswalk with the appropriate walk signal.
Drivers are required by law to stop for pedestrians in a crosswalk with a walk signal. If you’re in a crosswalk, a driver cannot get close enough that you’re in any danger.
Even if there are no traffic control signals or signs, drivers must yield to pedestrians in a crosswalk.
Your best bet to stay safe is to walk in a marked crosswalk. If you are
injured as a pedestrian, you will also have more rights and more opportunities to recover damages if you followed all the pedestrian rules of the road.
Pedestrian Rights According to Florida Law:
- If there is no provided sidewalk, a pedestrian can walk along a roadway but should only walk on the left side of the road to face traffic.
- Drivers of cars at controlled intersections should stop for pedestrians in the crosswalk and allow them to cross that portion of the road before entering the crosswalk.
- When there is no traffic control signal, a driver should yield the right of way to a pedestrian by slowing down or stopping.
Pedestrian Regulations According to Florida Law:
- If a pedestrian is crossing a road somewhere without a marked crosswalk or within an unmarked crosswalk, the pedestrian should yield the right of way to drivers and be extra cautious.
- If there is a traffic control signal, pedestrians should only cross in the marked crosswalk.
- Pedestrians are required to obey traffic control devices applicable to pedestrians unless a police officer directs otherwise.
- Pedestrians are subject to traffic control signs at intersections.
- If there is a sidewalk provided, a pedestrian cannot walk along a roadway.
- A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of vehicles making it impossible for the driver to yield.
- Pedestrians should not cross an intersection diagonally unless directed by a police officer or traffic controller.
Florida Pedestrian Injuries: Pedestrian Accident Lawyer
Pedestrian injuries caused by collisions with a car are often severe and life-threatening. Broken bones, cuts, scrapes, bruises and concussions and traumatic brain injuries are very common.
If a driver hurt you, as a pedestrian, you can seek to hold the driver responsible for the costs. A Florida personal injury lawyer can help pedestrian accident victims recover financial expenses including
emergency medical treatment, any ongoing medical care, physical therapy, and much more.
In addition to recovering for your medical expenses, injured pedestrians can also seek compensation for the mental pain, anguish and suffering caused by the accident.
Injured in a Florida Pedestrian Accident? Our South Florida Pedestrian Injury Lawyer Offers FREE Consultations
If you were hurt in a Florida pedestrian accident, you need to speak with an
experienced Florida pedestrian lawyer as soon as possible.
Please
contact us online or call our
Coral Springs law office directly at
(954) 755-7803 to schedule your free consultation.
We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton, Miami-Dade County, Broward County, Palm Beach County and all points in between.
Schedule your Free Florida Car Accident consultation today: (954)755-780
[post_title] => Did You Know Florida is the Most Dangerous State for Pedestrians?
[post_excerpt] => Did you know Florida is the most dangerous state in the nation for pedestrians? Injury & accident attorney Andrew Rosenberg shares pedestrian risks and rights.
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Do I Need to Wear a Bike Helmet in South Florida?
If you are older than 16 years old, you are not legally required to wear a bike helmet in Florida.
If you are under 16 years old in Florida, you are legally required to wear a bike helmet.
If you are under 16, you need to wear a helmet regardless of if you’re a bike rider or a passenger. The helmet must be fitted appropriately (more information on this below) and have the strap be snuggly fastened, according to
Florida law. Passengers also include children riding in trailers or anything attached to a bicycle, so any child riding or being transported by a bike in any way must have a helmet on in Florida.
Children ages 5 to 14 years old go to emergency rooms due to bicycle-related injuries more than any other sport, according to
NHTSA. Many of these injuries are head injuries. Because of how often children suffer head injuries on bikes, most states - including Florida - have bike helmet laws in place to protect children.
While bike accidents are very common among children, bicycle crashes can happen at any time to anyone - even the most experienced riders. A middle-aged adult is the average age of someone injured or killed in a bike accident, according to national data.
Bike Helmet Laws & Florida Bike Injury Lawyer Recommendations
Florida Law only requires the use of a helmet for children under 16 years of age (
Florida Law 316.2065(3)(d)). Although a first offense will likely only result in a
warning, education, or a revocable fine, the main concern is your safety, not the law.
Helmets are vital to your protection while riding a bicycle, whether you are a child under 16 or an adult. As
South Florida Bike Accident Injury Lawyers, we’ve been around the block. Here is our advice:
- We recommend wearing a helmet when riding a bicycle in Florida. Helmets can drastically reduce the risk of suffering from a traumatic brain injury or head injury if you’re injured in a Florida bike accident. A bike accident can cause serious injuries.
- If you are in a Florida bike accident, even if it is someone else’s fault, you can be found “negligent” for not wearing a helmet, which means you will get a smaller injury settlement. It depends on the court, but it’s likely to result in lesser damages awarded (which means a smaller monetary settlement for you if you’re injured in a bicycle accident).
- The risk is simply too great. Florida is the most dangerous state to ride a bike in and has the most bicycle accident deaths in the nation. Wearing a helmet can drastically improve your chances of survival, even if you’re injured in a bike accident.
- More than 20% of drivers in Florida are driving without car insurance. This means there is a good chance that if you’re involved in a bike crash with a car, the driver doesn’t have insurance money to pay for your medical bills or compensate you for damages.
Do I Need to Wear a Bike Helmet on an E-Bike in Florida?
In Florida, eBikes are classified as bicycles. You can learn all about
important Florida Bike Laws on our site.
This means that E-Bike rides have all the
rights, privileges and duties of a cyclist. You can ride them on the street and, where local law permits, on the sidewalk.
While riding an E-Bike in Florida, you are not required to wear a helmet if you are over 16 years of age. The same helmet rules apply to E-Bike riders as they do to regular bike riders in Florida.
However, as
E-Bike accident injury lawyers, we also recommend wearing a helmet anyway. The safety benefits cannot be overstated—it could be the difference between life and death.
6 Steps to Fitting your Bike Helmet: Florida Bike Injury Lawyer
- SIZE: To find the right helmet size, measure your head. Try on a few helmets your size to see which one feels right. Once you find one that feels right, adjust the sizing pads inside or the fit ring until the helmet is nice and snug.
- POSITION: A bike helmet should sit on your head and low on your forehead, about 1 or 2 fingers above your eyebrows.
- SIDE STRAPS: You can adjust the side straps by sliding the slider to make a V shape under and in front of your ears. If possible, lock the slider.
- BUCKLES: The buckle should be centered under your chin. Most of the time you can lengthen or shorten the chin straps by pulling the straps from the back of the helmet. Sometimes it’s easier to adjust this by taking off the helmet.
- CHIN STRAP: Always buckle your helmet’s chin strap before riding your bike. Tighten it until it’s snug, so only about 1-2 fingers can fit under the strap.
- FINAL FITTING: There are 4 final things to check!
- Open your mouth wide for a big, fake yawn. The helmet should pull down on your head; if it doesn’t, you need to tighten your chin strap a bit more.
- Does your helmet slide back on your head, so it’s more than 2 fingers above your eyebrows? If it does, take your helmet off and shorten the front strap. Try it on again, buckle and tighten the chin strap, and test again.
- Does your helmet slide forward into your eyes? If it does, take your helmet off and shorten the back strap. Shorten the back strap by moving the slider back closer to your ear. Try it on again, buckle and tighten the chin strap, and test again.
- Roll the rubber band down to the buckle. All 4 straps need to go through the rubber band and be close to the buckle to make sure the buckle doesn’t slip.
● Learn more about Helmet and Bike safety at
NHTSA. You can also learn more about helmets at the
Bicycle Helmet Safety Institute website.
Wearing a bike helmet is the single most effective piece of equipment for bike riders of all ages. In the unfortunate event of a crash, a helmet is the best thing to have. It could save your life or prevent a severe brain injury or concussion.
For other bike safety tips, check out our
E-Bike Guide Blog or our
guide on Florida Laws when it comes to Bikers and Drivers sharing the road.
Injured in a Florida Bicycle Accident? We Offer FREE Bike Accident Consultations
If you or someone you love
suffered injuries while riding a bicycle, a personal injury lawsuit may be the only way that you can fully recover financially.
Many injured riders are eligible to seek compensation for the expenses related to the accident, including
emergency medical treatment and long-term care needs, physical therapy and rehabilitation, and lost wages, as well as compensation for the pain and suffering.
The
Law Office of Andrew G. Rosenberg, P.A. is here to help bicyclists who careless or negligent drivers have injured start the process of financial recovery. If you've been hurt in a bicycle accident, you need to speak with an
experienced Florida bicycle accident lawyer as soon as possible.
Please
contact us online or call our
Coral Springs office directly at
(954) 755-7803 to schedule your free consultation. We proudly serve Florida residents, including all of Fort Lauderdale, Boca Raton, Miami-Dade County, Broward County, Palm Beach County, and all points in between.
Call (954) 755-7803 for a free consultation today.
[post_title] => Do I Need to Wear a Bike Helmet in Florida?: South Florida Bike Injury Lawyer Explains
[post_excerpt] => Are Bike Helmets required in Florida? South Florida Bike Injury Lawyer Shares Florida's bike helmet rules for adults and children as well as bike safety tips
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South Florida Bike Injury Attorney: Florida is the Most Dangerous State to Ride a Bike
A recent report named Florida the most dangerous state to ride a bike.
In 2019, 846 bicyclists were killed in traffic crashes in the United States. Nearly 50,000 bicyclists were injured in 2019. The report was based off of NHTSA's 2017 data which noted 783 cyclists killed in traffic accidents, with Florida taking the lead with 125 bicycle deaths, according to a
news report. That means Florida’s bicycle deaths accounted for 16% of bicycle fatalities nationwide.
Bicycle deaths are often caused by:
- Failure to yield to right of way (about 40%)
- Bicyclists not visible to drivers (wearing dark clothes, not having the correct bike lighting) (about 10%)
- Failing to obey traffic signs, signals, etc (nearly 10%)
A 2019 AAA survey of 400 bicyclists in Florida found that:
- 36% of bicyclists in Florida do not wear helmets
- 56% of bicyclists in Florida ride with traffic
- 21% of bicyclists in Florida ride against traffic (¾ of them saying because they prefer to see approaching vehicles)
If there is a
collision between a car and a bicyclist, it’s most likely that the
cyclist will be seriously injured. Many crashes can be avoided if drivers and cyclists follow the rules of the road and watch out for each other. By law,
bicycles on the roadway are considered vehicles in Florida and have the same rights and responsibilities as drivers and cars - which means that you cannot bike against the flow of traffic, as many reportedly do according to the survey data above.
The 2 most common types of bike crashes, according to NHTSA, are falls and collisions with cars or other motor vehicles. One in 4 fatal bike crashes involved a bicyclist who had been drinking alcohol. Did you know
you can get a DUI while riding a bike in Florida? Not only is it illegal, it’s incredibly dangerous. Most bike accident deaths happen between 6 - 9 p.m.
Here are some crash prevention tips from NHTSA
- Be prepared before heading out with all the right gear and a properly fitted bike
- Bike Defensively - be alert and try to anticipate what drivers may do. Ride with the flow of traffic and obey all traffic signals. Assume that others don’t see you. Don’t text or listen to music while cycling.
- Bike Predictably - ride where people expect to see you, and make sure you look over your shoulder before changing lanes or turning. Be extra cautious on sidewalks as cars may not be looking for you backing out of a driveway.
Another reason riding a bike in South Florida is so dangerous is the rate of uninsured drivers. More than
20% of drivers in Florida DO NOT have car insurance. That means that if you’re hit by a driver, there is a 1 in 5 chance that they have no type of insurance to cover your medical bills or pay for your pain and suffering.
Tips for Bicyclists’ Safety in South Florida
- Follow the Rules of the Road: A large percentage of bicycle and car collisions can be avoided if both drivers and cyclists follow the rules of the road and keep an eye out for each other.
- Wear a Properly Fitted Helmet: While not a legal requirement, everyone - no matter their age - should wear a helmet. A helmet should be the right size for your head, it should be positioned correctly, including side straps, buckles, and a chin strap fitting snugly. Fake a big yawn to see if the helmet pulls down on your head once it’s on. If not, you may need to tighten the chin strap.
- Adjust Your Bicycle to Fit: Riding a bike that fits you properly can help avoid a crash because a bike that is too big is harder to control.
- See & Be Seen: During the day wear bright colored clothing, and if you choose to ride at night wear reflective gear and have a white light in front, and a red light in the back of your bike. Also make sure that your bike has reflectors.
- Avoid Riding at Night: It’s much harder for a driver to see you when it’s dawn, dusk, or nighttime. If you ride at night make sure you have the correct lights and reflectors on your bike.
- Watch for Road Hazards: Always keep a look out for potholes, broken glass, gravel, puddles, palm tree leaves, dogs and pedestrians. These hazards and many others can cause a crash.
- Use Verbal and Nonverbal Communication: Make eye contact with drivers to make sure they see you, use appropriate turn signals, and if you’re passing pedestrians make sure you say “on your left” or “on your right” before passing. If you’re riding with other cyclists, point out hazards such as potholes.
- Plan your Route: If you’re going to bike on roads, choose roads with less traffic and slower speed limits. Bike lanes and bike paths are always good options. In South Florida, you can also ride on sidewalks.
- Find more safety tips at the NHTSA Bike Safety Hub.
Injured While Biking in South Florida? Our Coral Springs Bike Injury Attorney Offers FREE Consultations
If you or someone you love
suffered injuries while riding a bike or an E-Bike in Florida, a personal injury lawsuit may be the only way that you can fully recover financially.
Many injured riders are eligible to seek compensation for the expenses related to the accident, including
emergency medical treatment and long-term care needs, physical therapy and rehabilitation, and lost wages, as well as compensation for the pain and suffering.
The
Law Office of Andrew G. Rosenberg, P.A. is here to help
bicyclists and
E-Bike riders who careless or negligent drivers injured start the process of financial recovery. If you were hurt in an E-Bike accident, you need to speak with an
experienced Florida bicycle accident lawyer as soon as possible.
Please
contact us online or call our
Coral Springs office directly at
(954) 755-7803 to schedule your free consultation. We proudly serve Florida residents, including all of Fort Lauderdale, Boca Raton, Miami-Dade County, Broward County, Palm Beach County, and all points in between.
Call For a Free Consultation: (954) 755-7803
[post_title] => Florida is Ranked the Most Dangerous State to Ride a Bike: South Florida Bike Injury Attorney Shares Safety Tips
[post_excerpt] => Florida is the Most Dangerous State to Ride a Bike in, says South Florida Bike Injury Attorney. More than 15% of bicycle accident deaths occur in Florida.
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Everything you Need to Know About E-Bikes in South Florida Explained by a Coral Springs, Florida Bike Injury Attorney
“How is that person going so fast? They make it look so easy!” you think as you huff and puff on your bicycle, regretting the soreness you know you’re going to feel in the morning.
Chances are they’re not an Olympian; they’re probably riding an E-Bike, also called electric bicycle or electric-assisted bicycle.
Electric bicycles are booming in popularity in South Florida and bike retailers are rejoicing. But what are they? Electric bicycles have a small electric motor integrated into the gears that can assist and empower each pedal-stroke to propel you further, faster, and with much less effort. Because of these benefits, E-Bikes are becoming quite popular, whether you are getting into exercise, using your bike to run errands, or hoping to switch up your daily commute. E-Bikes open the world of bike travel to the average person, especially in South Florida. No Tour de France experience is necessary!
Are E-Bikes Considered Bikes, Motorcycles, or Something Else? Florida E-Bike Regulations
In Florida, eBikes are classified as bicycles. You can learn all about
important Florida Bike Laws on our site.
This means that E-Bike rides have all the
rights, privileges and duties of a cyclist. You can ride them on the street and, where local law permits, on the sidewalk. Since they are still primarily powered by the rider, they are considered a type of bicycle and not a motorcycle, moped, or scooter (which are primarily powered by a motor).
However, Florida law uses three
classifications of E-Bikes that are useful to know (Florida Law 316.003(23)):
- Class 1: An E-Bike that only assists while pedaling and cannot assist at speeds greater than 20 mph.
- Class 2: An E-Bike that can be used to assist your pedaling or operate exclusively to propel the bicycle but cannot assist or propel at speeds greater than 20 mph.
- Class 3: An E-Bike that only assists while you pedal and cannot assist at speeds greater than 28 mph.
If an E-Bike falls outside these classifications, it’s likely that it may be considered a moped or a motorcycle in Florida.
Pros and Cons of Riding E-Bikes in Florida
E-Bikes have many advantages and benefits. That’s why they are becoming so popular in South Florida. However, there are definitely some things worth considering to see if an E-Bike is a good fit for you. Below are some of the upsides and downsides to E-Bikes in Florida.
Pros of E-Bikes in Florida
- E-Bikes make fitness accessible: Have you been thinking of making some healthy lifestyle changes but feel overwhelmed by the thought of biking to work in the South Florida heat every day? Or maybe you just want to explore your city and don’t want to get stranded after pulling a muscle. An E-Bike gives you the extra boost you need to make the switch.
- Potential tax breaks For E-Bike owners: There is a bill before the House that, if passed, would allow for a 30% refundable tax credit for the purchase of an E-Bike.
- Great for the environment: E-Bikes contribute a minuscule amount to carbon emissions, especially since many are solar-powered or are recharged by your own pedal strokes. Even plug-in models take significantly less energy than an electric car. Still, that little bit of energy gives you the extra oomph you need to get around efficiently without having to show up at your destination as a sweaty mess.
Cons of E-Bikes in South Florida
- E-Bike learning curve: “It’s like riding a bike.” Well, with E-Bikes, that saying isn’t necessarily true. Just because E-Bikes are legally considered bicycles in Florida doesn’t mean they handle like one. Due to the electric assist function, E-Bikes can handle quite differently than your average bicycle. This is an easy adjustment to make for experienced cyclists, but for someone just starting out on an E-Bike this could make them more prone to accidents or losing control while riding. Inexperienced riders may also not realize how fast they are going and get into trouble that way. If you are going to ride an E-Bike, take some time to practice and get used to how it rides! One big thing to get used to will be learning that it might take you longer to stop than anticipated because you’ll be traveling faster than you may think you are.
- Drivers might misjudge your speed: Most E-Bikes look nearly identical to a standard bicycle. This means that automobile drivers might not realize how fast you are going. If going 20 mph on your E-Bike feels like a breeze to you, a driver who just glances might think you’re cruising at a leisurely pace of 5-10 mph. This could cause them to turn into you or pass you dangerously. It’s important to stay aware of your surroundings - including cars and unaware drivers - as you ride an E-Bike.
- E-Bike rental dangers: Many bike rental and bike-share companies in South Florida are now providing E-Bikes in their line-up. This means you may have people who don’t know the bike rules of the road may be riding E-Bikes. This could put both you and them at risk of accident and injury. If you rent a bike as a tourist and are less familiar with the area, that’s another risk factor as you cruise around on a rented E-Bike in Fort Lauderdale.
Can I Ride My E-Bike on the Sidewalk in South Florida?
As stated above, Florida Law classifies E-Bikes as bicycles. This means that E-Bikes may ride on sidewalks as long as they follow the regulations. Florida Law makes it very clear that E-Bikes are allowed on sidewalks (
Florida Statute 316.1995, see also
316.20655). However, it also makes it very clear that local governments such as cities and counties can make regulations to limit or prohibit the use of E-Bikes on trails, sidewalks, and multi-use paths.
For example, in Miami Beach E-Bikes are prohibited from all sidewalks in the city and along the Beachwalk, South Pointe Park and Pier, Marina Baywalk, and Lincoln Road Mall.
It is best to check your local regulations about riding E-Bikes on the sidewalk, and if you are in a crowded area such as cities, stick to the streets. You don’t want to run into a pedestrian going 20 mph on an E-Bike!
Do I Need a License to Ride an E-Bike in Florida?
No, you do not need a license to ride an E-Bike in South Florida. Florida law clearly exempts E-bikes from laws regarding licensing, registration, and titles (
Florida Law 316.20655(2)). Just like a bike, you can hop on an E-Bike any time you like.
Do I Need Insurance While Riding an E-Bike in South Florida?
That depends on what you mean and how safe you want to be. According to Florida law, “An electric bicycle or an operator of an electric bicycle is not subject to the provisions of law relating to financial responsibility” (
Florida Law 316.20655(2)).
That means insurance is not required by law. However, you may want to maintain an insurance policy that provides coverage in the event you are injured while riding a bicycle. In Florida, an
Uninsured/Underinsured Motorist policy is best, and can provide coverage for you if the motorist who hit you doesn’t have proper insurance. Often, your car insurance should extend to protect you while on a bike or E-Bike, but you can always ask your car insurance company to confirm.
Do I Have to Wear a Helmet on an E-Bike in Florida?
While riding an E-Bike in Florida, you are not required to wear a helmet if you are over 16 years of age.
However, as
E-Bike accident injury lawyers, we recommend you wear one anyway. The safety benefits cannot be overstated—it could be the difference between life and death.
Read more about helmets and our recommendations here.
How to Get Legal Help After A Florida E-Bike Accident: FREE Consultation with a Bike Injury Attorney
If you or someone you love
suffered injuries while riding an E-Bike in Florida, a personal injury lawsuit may be the only way that you can fully recover financially.
Many injured riders are eligible to seek compensation from the expenses related to the accident, including emergency medical treatment and long-term care needs, physical therapy and rehabilitation, and lost wages, as well as compensation for the pain and suffering.
The
Law Office of Andrew G. Rosenberg, P.A. is here to help bicyclists and E-Bike riders who have been injured by careless or negligent drivers start the process of financial recovery. If you've been hurt in an E-Bike accident you need to speak with an
experienced Florida bicycle accident lawyer as soon as possible.
Please
contact us online or call our
Coral Springs office directly at
(954) 755-7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton Miami-Dade County, Broward County, Palm Beach County and all points in between.
[post_title] => E-Bikes in South Florida: Everything you Need to Know About E-Bike Laws, E-Bike Injuries, & More Explained by Fort Lauderdale Injury Attorney
[post_excerpt] => Considering an E-Bike in South Florida? Bike Injury Attorney discusses what you need to know about E-Bikes in Florida: laws, injuries, regulations & more
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Bike Accident Injury Lawyer Explains What Motorists and Cyclists Need To Know About Florida Bike Laws
You’ve seen it a hundred times before. A bicyclist weaving between cars in traffic, rolling through a stop sign, or riding through a red light if there isn’t any cross traffic. Maybe they go from riding their bike on the sidewalk and hop down into the road. As a motorist, this can be frustrating and even frightening. It can feel like you might accidentally hit a bicyclist who isn’t following bike traffic rules.
Or maybe you are a bicyclist yourself and you want to maintain your fitness and commute to work more efficiently. Because bicyclists are far more vulnerable than motorists, even collisions that appear minor can be catastrophic.
Here are some common causes for bicycle accidents.
Whether you’re driving or biking, it’s important to know Florida bike laws in order to keep yourself and others safe.
Bike Traffic Rules in South Florida: What Rules Do Bikers Need To Follow?
In the state of Florida, bicyclists are defined as drivers and bicycles are their “vehicles” under Florida law.
This means all the rules that apply to drivers of motorized vehicles (such as cars) also apply to cyclists. Cyclists in Florida have all the
rights and all the
duties of any other driver accordin
g to Florida Law 316.2065(1).
Cyclists must follow all the typical rules of traffic just like any vehicle in South Florida. There are a few additional guidelines and clarifications.
Important bicycle rules of the road in Florida:
Bike Lane Rules in Florida:
Cyclists are required to remain in the bike lane. If there is no bike lane, they must remain as close as practicable to the right-hand curb. However,
bicycles are entitled to the entire lane, and thus motorists should not try to squeeze past in the same lame. Trying to pass a bicyclist who is in the main lane of traffic because there is not a bike lane is dangerous for all involved. Cyclists may legally leave the far-right position in the lane of traffic under the following circumstances:
- While passing another bicyclist or vehicle
- While preparing to turn left
- While attempting to avoid a potential hazard
Traffic Lights and Stop Sign Rules for Bicyclists:
Cyclists, like any other driver of a vehicle, must come to a complete stop at all traffic signals and stop signs. If you are a cyclist and you are injured while going through a red light, you may be found at fault and deemed negligent, thus limiting or preventing any injury settlement. Don’t risk it, follow Florida’s bike laws.
- If you are riding with a group of cyclists, you and your friends can go through a stop sign in groups of up to 10 at a time after you come to a full stop and follow all applicable bike traffic laws.
Bicycle Passing Rules in Florida:
As vehicles, bicycles are permitted to pass other vehicles assuming that they are traveling slower than the flow of traffic and can do so safely. Here are a few rules about passing on a bike, or being passed by a vehicle.
- Cars must give bicycles at least three feet of space when passing. That means if they cannot give a bike that space in their lane, they must change lanes to pass (Florida Law 316.083).
- Bicyclists should only pass other cars at stoplights if they are in the bike lane or have sufficient space on the right-hand side of the road. Lane splitting or weaving between cars is both dangerous and illegal in Florida.
Bicycle Lighting Requirements in Florida:
Any time you are riding a bike while it is dark outside, Florida Bike Law requires you to have a bright white light on the front of your bike, and
both a red reflector
and a red light visible from 600 feet behind. This is both for your safety and the safety of others. If you are riding at night, make sure you have proper lighting on your bike and don’t wear dark clothing. Better yet, wear a reflective vest.
Riding Bikes on the Sidewalk in Florida:
In Florida, bicyclists
are allowed to ride on the sidewalk. It is a common misconception that cyclists are required to ride on the road.
If you feel safer on the sidewalk, ride on the sidewalk! However, there are a few things to consider. If you are riding
on the sidewalk, you are considered a pedestrian, and all the rules related to pedestrians apply to you acc
ording to Florida Statute 316.2065(9).
- As a cyclist on a sidewalk or crosswalk, you must yield the right-of-way to a pedestrian on foot.
- Cyclists must give an audible signal before passing a pedestrian.
- If a cyclist is transitioning from riding on the sidewalk to riding on the road, they should do so at a clearly marked intersection, and check for traffic from all directions. Bikes are the only vehicle that can travel both in pedestrian and vehicle areas.
Whether you are following all of these laws or none of them, if you are injured by a motorist, another cyclist, or even a pedestrian, you need to speak with an
experienced South Florida Bike Accident Injury Lawyer today. Please
contact us online or call our
Coral Springs office directly at (954) 755-7803 to schedule your free consultation.
Bike Helmet Laws And Bike Injury Lawyer Recommendations
Florida Law only requires the use of a helmet for children under 16 years of age (
Florida Law 316.2065(3)(d)). Although a first offense will likely only result in a
warning, education, or a revocable fine, the main concern here is your safety, not the law.
Whether you are an adult or child, helmets are vital to your protection while riding a bicycle. As
South Florida Bike Accident Injury Lawyers, we’ve been around the block. Here is our advice:
- We recommend wearing a helmet when riding a bicycle in Florida. Helmets can drastically reduce the risk of suffering from a traumatic brain injury or head injury if you’re in a bike accident. You’d be surprised at the damage a bike accident can cause.
- If you are in an accident, even if it is someone else’s fault, it’s possible for you to be found “negligent” for not wearing a helmet, which means you will get a smaller injury settlement. It depends on the court, but it’s likely to result in lesser damages awarded (which means a smaller monetary settlement for you if you’re injured in a bicycle accident).
Can I get a DUI On a Bicycle in South Florida?
YES, you can get a DUI on a bike in South Florida.
As explained above, a bicycle is considered to be a vehicle in Fl
orida (Florida Statute 316.003(4)). That means that the
laws against drinking and driving apply to riding a bicycle as well.
You may think that a bike is a safer form of transportation than driving if you have been drinking, but biking under the influence can put you and others at risk. Better to call the cab and leave the bike for your daily commute or weekend leisure time.
How to Get Legal Help For Your Florida Bicycle Accident
If you or someone you love
suffered injuries while riding a bicycle, a personal injury lawsuit may be the only way that you can fully recover financially.
Many injured riders are eligible to seek compensation from the expenses related to the accident, including emergency medical treatment and long-term care needs, physical therapy and rehabilitation, and lost wages, as well as compensation for the pain and suffering.
The
Law Office of Andrew G. Rosenberg, P.A. is here to help bicyclists who have been injured by careless or negligent drivers start the process of financial recovery. If you've been hurt in a bicycle accident you need to speak with an
experienced Florida bicycle accident lawyer as soon as possible.
Please
contact us online or call our
Coral Springs office directly at (
954) 755-7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton Miami-Dade County, Broward County, Palm Beach County and all points in between.
[post_title] => Share The Road: Florida Bike Accident Injury Lawyer Explains What Motorists and Cyclists Need To Know About Florida Bike Laws
[post_excerpt] => Florida Bike Accident Injury Lawyer Explains Florida Bike Laws for Drivers and Bicyclists in South Florida. Driver and Biker rules can help keep each other safe
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[post_content] => Drinking and driving is unfortunately very common, and Florida is far from immune from the dangers of drunk drivers. Nationwide, about 28% of all
car accidents are caused by drunk drivers.
Nearly 8% of deaths related to alcohol-impaired driving happen in Florida on an annual basis, according to
responsibility.org. Of all fatal car accidents in Florida, 26% are due to alcohol-impaired driving under the influence (DUI).
What is Considered Driving Under the Influence in Florida?
Legally, someone is considered under the influence of alcohol in Florida if their blood alcohol content (BAC) is 0.08% or higher. Of all the fatal
DUI accidents in Florida each year, about 16% involved a BAC of 0.08% to 0.14%. Meanwhile, 84% of fatal DUI accidents involve drivers with a 0.15% or higher BAC – which is practically twice the legal limit.
While the legal limit is 0.08%, it is still possible for a driver’s driving to be impaired by alcohol or drug use even if their BAC is far below 0.08%.
What is the Benefit of Suing After Being injured by a DUI Driver in Florida?
There are numerous benefits to hiring a personal injury lawyer after being
injured in a Florida car accident, especially if a DUI driver was involved.
For one, a personal injury lawsuit means that you will be able to pay your medical bills, be reimbursed for lost time from work, and be compensated for your pain and suffering.
While a drunk driver may face criminal charges, often, the only way for an injured person to seek justice after being injured by a DUI driver is through an injury lawsuit.
You’re legally entitled to seek recovery for damages, including emergency medical care, doctors’ visits, physical therapy, lost wages, and more.
What Can I Do If I Was Injured in a Car Accident with a DUI Driver? Florida DUI Injury Lawyer Explains Car Passenger Rights
Many people wonder if they can, and if they should, seek compensation for an injury caused in a car accident with a DUI driver in Florida. In Florida, you nearly always have a right to file a personal injury claim against the driver of the vehicle if you were injured in a car crash.
If you were hurt in a car accident of any kind as a passenger, you have the right to file an injury claim against the driver of the car you were in and maybe even against another driver if multiple vehicles were involved. If the driver of the car you were in, or the driver of another car involved in the accident, was driving under the influence of alcohol or drugs – you have even more reason to file a personal injury claim.
If someone was driving under the influence of alcohol or drugs, the fact that they were DUI helps establish their negligence in the accident.
What if the DUI Driver was a Family Member? Can I Sue Them?
If a family member was driving under the influence and was at fault for the accident, then the fact of the matter is that they are responsible for the accident. You can sue a family member in Florida if their negligence led to your injuries.
When family members are involved in a car accident, it can make things feel more complicated. Some clients worry about a lawsuit increasing their family member’s insurance policy premiums. Even if you file an
injury claim against them, their insurance premium will increase.
Children and minors can even file injury claims against family members, including their parents or guardians, to ensure that they can get all the medical care and compensation they need and deserve after being involved in a
DUI car accident.
Lawsuits can make people feel uncomfortable, whether it involves a family member or a friend. It’s important to remember that when you sue someone, you are actually effectively suing their insurance company most of the time. Assuming the
driver has car insurance, when you file a personal injury lawsuit for injuries, their car insurance company will be the entity responsible for all your damages, compensation, and more that you’re legally entitled to.
If you choose not to sue after a car accident, the only entity that benefits is the insurance company. Filing an
injury claim after being involved in a car accident is basically the way in which you claim what you’re already entitled to from the insurance company.
Were You Injured in a Car Accident as a Passenger with a Drunk Driver? South Florida DUI Injury Attorney Offers FREE Consultations
If you were hurt in a Florida DUI accident as a passenger in a car crash, you need to speak with an
experienced Florida DUI Injury lawyer as soon as possible.
Please
contact us online or call our
Coral Springs law office directly at (954) 755-7803 to schedule your free consultation.
We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton, Miami-Dade County, Broward County, Palm Beach County and all points in between.
Schedule your Free Florida DUI Car Accident consultation today: (954)755-780
[post_title] => Were you injured as a passenger in a DUI accident? Advice from Coral Springs DUI Injury Attorney
[post_excerpt] => Did you know Florida is the most dangerous state in the nation for pedestrians? Injury & accident attorney Andrew Rosenberg shares pedestrian risks and rights.
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