Bicycle Accident & Pedestrian Accident FAQs

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Pedestrian Accident & Bicycle Accident FAQs

I was hit by a car while riding my bicycle. The car driver was issued a ticket for causing this accident. Who pays my medical bills?

I was walking across the intersection, but not in the crosswalk, when a car ran the stop sign and hit me. I have unpaid medical bills and lost two weeks of pay. Can I still make a claim against the driver?

I was hit by a car while riding my bicycle. The car driver was issued a ticket for causing this accident. Who pays my medical bills?

Because Florida is a no-fault state, we look to our own Personal Injury Protection (PIP) auto insurance first. If you own an insured vehicle, even if you are injured riding a bicycle or walking as a pedestrian, and regardless of fault, when you are injured by a motor vehicle, your PIP auto insurance is your primary insurance for your medical care. PIP also covers wage loss. If you have Medical Payments coverage on your auto policy, this will also be available to you. Over and above your own PIP auto insurance coverage, you can also make a claim against the at-fault party’s bodily liability auto insurance coverage for their negligence. If the at-fault party does not carry bodily liability auto insurance, and you carry uninsured motorist coverage, then you have your uninsured motorist coverage benefits available to you, also.

If you do not have your own insured vehicle, you can make a claim against the at-fault party’s bodily liability auto insurance coverage for your damages.

I was walking across the intersection, but not in the crosswalk, when a car ran the stop sign and hit me. I have unpaid medical bills and lost two weeks of pay. Can I still make a claim against the driver?

Yes, you can still make a claim against the driver for negligence; however, because Florida is a “comparative fault” state, the jury may apportion a share of the fault for your damages to you, thereby reducing your recovery by the amount of your comparative fault. For example, let’s say a jury awards you $10,000.00 in damages, including past medical bills, future medical bills, past wage loss and pain and suffering. However, because the jury also finds that you were 25% at fault for causing your own damages – because you did not use the crosswalk – the judgment entered in your favor is only $7,500.00 ($10,000.00 less your 25% comparative fault).

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