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Florida Bicycle Accident Claims

In Florida, a bicyclist has the rights and duties of a vehicle operator (Fla. Stat. § 316.2065). Crash claims run on negligence and modified comparative fault, and a cyclist's own conduct can reduce or bar recovery. Riders under 16 must wear a helmet. The two-year deadline applies.

By Find Local Law Editorial Team · Last reviewed: May 25, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Talk to a Florida attorney promptly — the two-year deadline applies.

When a driver hits a cyclist in Florida, it’s an ordinary negligence claim — and Florida law treats cyclists largely like other vehicle operators.

Cyclists’ rights and duties

Under Fla. Stat. § 316.2065, a person riding a bicycle has all the rights and duties of a vehicle driver, with some bicycle-specific rules:

  • Ride in the bike lane or, when moving slower than traffic, as close as practicable to the right edge of the road;
  • Riders and passengers under 16 must wear a helmet that is properly fitted and fastened.

Negligence and comparative fault

A driver who fails to use reasonable care — turning without looking, opening a door into a cyclist, failing to yield — can be liable. But Florida’s modified comparative negligence (Fla. Stat. § 768.81) means a cyclist’s own conduct (riding against traffic, no lights at night) can reduce recovery, and at more than 50% fault bars it. So the facts — lane position, signals, lighting — often matter a lot.

Deadline

The standard two-year deadline (Fla. Stat. § 95.11) applies to claims accruing on or after March 24, 2023. To get matched with a local Florida bicycle accident attorney, connect with a lawyer.

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Frequently asked questions

Do cyclists follow the same traffic laws as drivers in Florida?
Yes. A bicyclist has all the rights and duties of a vehicle driver under Fla. Stat. § 316.2065, with a few bicycle-specific rules (like riding in the bike lane or near the right edge when moving slower than traffic).
Does my child need a bike helmet in Florida?
Yes. Bicycle riders and passengers under 16 must wear a properly fitted, fastened helmet (Fla. Stat. § 316.2065).
Can a cyclist recover if partly at fault?
Yes, if 50% or less at fault — recovery is reduced by their share. Above 50%, they recover nothing, under Florida's modified comparative negligence.

Sources

Related guides

  • Florida ATV Accident Claims ATVs are off-highway vehicles that generally can't be driven on public roads in Florida (Fla. Stat. § 316.2074), and operators under 16 must wear a helmet and eye protection. ATVs aren't covered by auto PIP, so injury claims proceed as ordinary negligence under the two-year deadline and modified comparative negligence.
  • Florida Car Accident Claims Florida is a no-fault auto state: your own PIP (up to $10,000) pays your medical bills and lost wages regardless of fault. To sue the at-fault driver for pain and suffering, you must meet the serious-injury threshold (Fla. Stat. § 627.737). A two-year filing deadline and modified comparative negligence (51% bar) apply.
  • Florida Commercial Truck Accident Claims A commercial truck crash in Florida is still a Florida negligence claim — same two-year deadline and modified comparative negligence — but federal FMCSA safety regulations (hours of service, maintenance, driver qualification) layer on top, and there are often multiple defendants: the driver, the motor carrier, and sometimes others.
  • Florida Dog Bite Claims Florida imposes strict liability on dog owners for bites: the owner is liable regardless of the dog's prior viciousness or the owner's knowledge of it (Fla. Stat. § 767.04). The victim's own negligence reduces recovery, and a prominently displayed 'Bad Dog' sign can limit liability — but not against children under 6 or where the owner was negligent.
  • Florida Motorcycle Accident Claims Florida lets riders 21 and older ride without a helmet if they carry at least $10,000 in medical coverage; under-21 riders must wear one (Fla. Stat. § 316.211). Motorcycles are generally not covered by Florida's no-fault PIP, so riders typically pursue the at-fault driver directly. The two-year deadline and modified comparative negligence apply.
  • Florida Negligent Security Claims Negligent security is a premises-liability claim: a property owner's failure to provide reasonable security (lighting, locks, cameras) enables a third party's criminal attack on the premises. A 2023 law (Fla. Stat. § 768.0706) gives owners of multifamily residential property a presumption against liability if they substantially implement specified security measures.

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