On August 29, a cyclist riding in the designated bike lane on the Rickenbacker Causeway on Virginia Key was struck by an SUV and taken to Ryder Trauma Center in critical condition. On October 22, Miami police announced the outcome: the driver received a traffic summons for an improper lane change, and investigators reported finding no criminal intent. The rider remained in intensive care, according to his family. When a car enters the bike lane, the traffic ticket is only the beginning of the case.

A Traffic Citation Is Not the Civil Case

A citation decides a traffic violation — it does not decide who pays for medical care or lost work. The civil claim is separate and does not rise or fall on whether police found criminal intent. An improper lane change can be powerful evidence of negligence in a civil case, even when the criminal side ends with a summons.

The opposite is also true: no citation does not mean no claim. A civil case can add bike-computer data, camera footage, and witness accounts that were not part of the traffic decision. Do not let an adjuster tell you the ticket — or the lack of one — settles the matter.

Florida’s Three-Foot Rule and Bike-Lane Rights

Florida law requires a driver passing a bicycle to do so at a safe distance of not less than three feet. A person riding lawfully on the roadway or in a designated bike lane generally has the same rights — and the same duties — as the driver of any other vehicle.

“I never saw the bicycle” is an explanation, not a defense by itself. A driver must keep a proper lookout and check before changing lanes. Riders strengthen their cases by riding predictably, obeying signals, and using required lights at night.

Fault Is Shared by Percentage — Rarely All or Nothing

Florida follows modified comparative negligence for bicycle claims: your recovery is reduced by your percentage of fault, and you are barred entirely if you are found more than 50% at fault. Insurers know this, so early arguments often focus on the rider — speed, lane position, or lights.

That makes objective evidence decisive: where the bicycle was when the car moved, how fast each was traveling, and whether the lane change was signaled. A few feet of lane position can move a fault percentage — and the value of a claim.

Whose Insurance Pays a Hurt Rider’s First Bills?

A bicyclist struck by a motor vehicle can often claim Florida Personal Injury Protection (PIP) benefits — generally through their own auto policy, a policy held by a relative they live with, or in some circumstances the involved vehicle’s policy — for 80% of reasonable medical expenses and 60% of lost wages, up to $10,000. You must seek treatment within 14 days of the crash or PIP benefits can be lost entirely, and the full $10,000 is generally available only when a qualified provider finds an emergency medical condition; otherwise medical PIP is capped at $2,500.

Beyond PIP, an at-fault driver’s bodily-injury coverage is the next source. If that coverage is missing or too small, your own uninsured or underinsured motorist (UM/UIM) coverage — if you purchased it — may apply, even though you were on a bicycle, not in your car.

The Ride Data Is Evidence — Do Not Delete or Repair It

GPS ride files from a bike computer or app can show route, speed, and the moment of impact, and many riders carry camera footage. Preserve the originals, unedited. Keep the bicycle, helmet, and clothing unrepaired until documented — a cracked helmet tells a story an adjuster cannot easily argue with. Camera footage from the causeway or nearby businesses is routinely overwritten within days, so ask for it to be preserved promptly, in writing.

A Note for This Halloween Weekend

This Saturday is Halloween, and dusk will bring children on foot and on bicycles into the same streets at the hardest hour to be seen. Drivers: slow down in neighborhoods and put the phone away. Families: add reflective tape or a light to every costume and bicycle, choose face paint over a vision-blocking mask, and cross at corners.

What to Do After a Bicycle Crash in Florida

1. Get medical care immediately — your health and the 14-day PIP clock both depend on it.
2. Report the crash and note whether a citation was issued — then remember it is not the civil case.
3. Save the ride data — export the original GPS and camera files before any sync overwrites them.
4. Keep the bicycle, helmet, and gear unrepaired until they are documented.
5. Photograph the lane — markings, debris, and where each vehicle came to rest.
6. Do not give a recorded fault statement to an insurer before you understand fault percentages.

Most Florida negligence lawsuits from a bicycle crash must generally be filed within two years of the crash. If you or a loved one was hit while riding or walking in Miami-Dade or Broward County, Tacher Law offers free consultations for bicycle, pedestrian, and other personal injury matters. Call +1 (305) 644-2211 or visit our contact page to discuss your situation.

Tacher Law, 16445 Collins Avenue, Suite 1625, Sunny Isles Beach, FL 33160.