In the State of Florida, it is common to see bicyclists / cyclists on the roads and streets on a daily basis. It is important for drivers to slow down and exercise due caution any time that a bicyclist is on or near the roadway. This is especially true for children who are cycling or biking. In the State of Florida, Section 316.083, Florida Statute - Overtaking and Passing a Vehicle, provides as follows:
The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter states:
The driver of a vehicle overtaking a bicycle or other non motorized vehicle must pass the bicycle or other non motorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other non motorized bicycle.
Certainly, it is important for all drivers to obey the rules and laws in place as to the operation of a vehicle. It should also be noted that a driver should use his or her common sense when operating a motor vehicle. A driver has the duty in the State of Florida to operate his or her vehicle in a reasonably safe manner while obeying posted speed limits, road signs, and other traffic rules and regulations.
A driver should pay attention to road conditions, weather conditions, and traffic conditions including those related to bicycle traffic whether it is one cyclist or a group of cyclists. Except for certain Interstate highways and expressways in the State of Florida, bicyclists have the right to use the streets and roads. Just because the presence of a bicyclist may slow a driver down and make the trip just a short bit longer in time does not mean that the driver can ignore the rules of the road and the safety of the bicyclist.
If a driver hits a bicyclist is operating his or her bicycle in a bicycle lane or towards the side of the road, the driver most likely will be at fault for the accident and should be issued a traffic citation. The pursuit of a civil case or claim on behalf of the injured cyclist is not dependent on the issuance of a traffic citation to the driver; however, it does help the insurance claim if the driver is issued a citation. Nevertheless, if a cyclist is hit by a motor vehicle and sustains personal injuries, the injured cyclist should seek out advice from a Bicycle Accident Personal Injury Attorney to discuss his or her legal rights, recommended courses of action, and, yes, legal representation.
David Wolf is a Personal Injury Attorney with over 30 years of experience. He dedicates his practice to the legal representation of injury victims. In other words, he DOES NOT represent insurance companies in any respect. David Wolf believes in the enforcement and protection of the legal rights of injury victims. As an attorney, attorney, and advocate, David Wolf strongly believes in Giving a Voice to Injury Victims and Their Families. He is the author of over 3,500 articles that focus on personal injury and safety issues. He is also the author of 12 books including the book titled Bikes, Trikes & Automobiles - Legal Rights of the Injured Cyclist. Contact David Wolf today to discuss your legal rights and to get a free copy of the book - Bikes, Trikes & Automobiles. Get D Wolf - On Your Side - At Your Side.