While I was riding my bicycle, I was involved in an accident with a car in Orlando, Brevard, Volusia, Osceola or Seminole County . . . 

What should I do?

If you are involved in an accident with a car while riding a bicycle:

—> Call 911 if you can.  You’ve been hit while you’re on your bicycle! Odds are you are not doing well, even if your body thinks you are.  You are running on endorphins and your body’s natural reaction to protect your vitals is to release them.  Trust me.  You will be hurting.  Much like Delayed Onset Muscle Syndrome, your body delays the pains of whiplash and concussions for several hours to several days.  It is crucial that you see a doctor within 14 days. 

—> Insist on getting an Accident-Report from the police officer who responds on scene.  Try and make sure the officers make an accident report.  Our office can easily obtain the accident report through a database.  You can also acquire it in person from that police station. 

—> Talk to no one about the details of the accident, except the police officer and doctors taking care of you.  Don’t say sorry.  No, really, it’s ok to NOT SAY SORRY! 

—>    Take pictures of your bike, other cars, scene of the crash and your injuries if possible.  In fact, take a video.  

—>    Go to a doctor, emergency room, or urgent care clinic within 14 days. Don’t decline the ambulance, unless you are walking and talking, but you should go to the hospital or seek some type of medical treatment to make sure you are okay.  If you go in the ambulance, you are definitely getting preferential treatment at the emergency room to just walking up. 

—>    Exchange your driver’s license, phone number, insurance cards, and drivers license.  There is a camera on your phone.  Use it.  Do this even if you get the accident report.  Hell, if I were you, I would whip that phone, or GoPro out, turn it on and start talking to everyone… but tell them you’re video taping them!  Also, this presumes you haven’t broken any bones, and frankly, there is a significant chance that a bike on car accident results in a lot more than merely a scratch. 

—>    Make sure you get contact information from any witnesses. Get the names, phone numbers and email addresses of all witnesses.  Take a picture of their drivers license too. 

—> Make sure you preserve your bicycle and all other property you had with you at the time of the accident.

What’s My Next Step?

Never post any descriptions, personal information, images or video of your accident to any social media networks. If a police officer arrives at the scene and issues you a citation, sign the ticket, be polite, do not offer opinions or argue, remember that anything you say can and is sure to be used against you in a court of law.

Call us as soon as possible at (407)504-1384 so we can work to preserve evidence and begin working up your case in order to ensure the most successful end.  Mr. Moenckmeier is an experienced bicycle and personal injury attorney who also is a passionate bicyclist, and can be reached at (407) 504-1384. 

REMEMBER: GO SEE A DOCTOR WITHIN 14 DAYS TO PRESERVE YOUR RIGHTS

What should I know about Florida law as a bicycle rider?  Florida Bicycle Laws Discussion

This comes up often in our cycling club- we have arguments over whether we take the whole lane when we are in a large group on a 6 lane highway, or whether we should bunch up.  My argument is that we take the whole lane, as, just like in nature, we appear as a larger mass, and avoid predators (i.e. cars). I digress, and bring you back to your discussion of Florida Laws for Bicyclists.

Bicyclists and other operators of human powered vehicles have the same rights and duties applicable to the driver of any other vehicle unless specified in the Florida statutes. That means bicycle riders have the same rights to the road and must obey the same traffic laws as the drivers of motor vehicles, including coming to a complete stop at all stop signs and red lights. 

Any person riding a bicycle on a road at less than the normal speed of traffic shall ride in the lane marked for bicycle use. If no lane is marked for bicycle use, bicyclists must ride as close as practicable to the right-hand curb or edge of the roadway except when overtaking and passing another bicycle or vehicle proceeding in the same direction, preparing for a left turn at an intersection or into a private road or driveway and avoiding any condition or potential conflict, including a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, turn lane or substandard-width lane. When riding on a one-way highway with two or more marked traffic lanes, a bicyclist may ride as near to the left-hand curb or edge of the road as practicable. 

Bicycle riders may not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Bicyclists riding two abreast may not impede traffic when traveling at less than the normal speed of traffic and shall ride within a single lane.

Every bicycle in use between sunset and sunrise shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least 500 feet to the front and a lamp and reflector on the rear exhibiting red light visible from 600 feet to the rear.

A bicyclist riding on and along a sidewalk, or across a roadway on and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances. When riding a bicycle on and along a sidewalk, or across a roadway on and along a crosswalk, a rider shall yield the right-of-way to any pedestrian and give an audible signal before overtaking and passing them.

Every bicycle shall be equipped with a brake or set of brakes which will enable a rider to stop the bicycle within 25 feet when traveling at a speed of 10 miles per hour on dry, level and clean pavement.

We at Moenckmeier Law Firm serve all counties in Florida in the following areas of law: Car Accidents, Motorcycle Accidents and Truck Accidents, Slip and Falls, Dog bites, Premises Liability and Wrongful Death.