Bicycle Accident?

I was just in a bike accident, what should I do?

• First, move your vehicle to a safe location.
• Check and make sure if anyone needs medical attention.
• Call 911 and report the crash.
• Exchange insurance information and names while waiting for 911 responders.
• Take photos of all cars, your bicycle, skid marks, damage to your clothing or helmet, and all skid marks.
• Ask witnesses for their names and numbers.
• Ask the police officer for a driver’s exchange information or at least the name and policy number of the insurance for the driver at fault.  If you do not obtain it at the scene, sometimes crash reports can take up to three weeks to obtain and this information is crucial to repair your motorcycle.
• Report the crash to your car insurance company, as it can provide benefits without raising your rates when you are not at fault.
• Remember, you might feel fine at the scene, but pain symptoms can appear later so seek medical care for yourself as soon as possible.  You only have 14 days to see a doctor to preserve your right to have your insurance pay bills.
• Call us so we can go over your rights with you. The call is free.

Who pays for my medical bills?

Your car insurance will pay up to $10,000 in medical bills without raising your rates if you did not cause the collision.  Many people think that your own insurance should not pay a dime.  We agree.  However, the insurance companies force all of us to buy a $10,000 health insurance policy for our cars, called personal injury protection.  So, because we are stuck with this law, you need to report the bike accident to your car insurance and give the hospital and doctors your car insurance company name and claim number.  Call Howell & Thornhill, P.A., if you have questions about this weird law in Florida.

The impact damaged the carbon on my bike, is it totaled?

Maybe.  You need to have a qualified bike mechanic inspect your bike and state in writing whether the bike can be repaired and the costs.  Have them carefully inspect carbon for cracks or damage.  Carbon parts are vulnerable to failure after an impact so have your bike checked carefully.

The car came up behind me and hit me, are they at fault?

Under Florida Statute 316.083 (https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.083.html) a motorist must allow at least three feet of space between bicyclist and the overtaking vehicle. Sadly, most motorists do not give this minimum safe distance.

What are the rules of the road for bicyclists and pedestrians?

The State of Florida publishes rules for pedestrians as well as vehicles near pedestrians at https://www.flhsmv.gov/resources/handbooks-manuals . The insurer will insist on a recorded statement. It is our recommendation that you talk with a lawyer so you know how the insurer may try to twist your words. Call Howell & Thornhill P.A., for a free consultation. We got this.