The recent death of five bicyclists in Nevada has caught the attention of legislators across the country. The bikers were participating in a planned 130-mile ride and were escorted by a safety vehicle. Still, they were struck and killed by a truck driver who claimed to have fallen asleep at the wheel but later tested positive for methamphetamine in his system. As a result, activists are now working on obtaining sponsors for a new bill aimed at changing current bicycle safety laws and attaching a “presumed liability” clause – in effect taking the burden of proof in an accident off of the bicyclist and putting in on the motorist. Proponents of the new legislation state that the law favors motorists in these situations. Defense attorneys, however, believe that blame is shared as cyclists understand the inherent risks of riding alongside motor vehicles.

Given the frequent presence of bicyclists on Florida roads, we thought this cautionary tale offered an excellent opportunity to review bicycle laws in the state of Florida.

Fast Facts: The National Highway Traffic Safety Administration reports that Florida has the most fatalities for bicyclists than any other state in the country. In 2018, 125 of the 783 national deaths occurred in Florida. Most bicycle deaths are attributed to failure to yield right of way, motorists not seeing the biker, failure to obey traffic signs or signals, and making an improper turn.

Florida Helmet Laws for Bicyclists

All cyclists under the age of 16 are required by law to wear a helmet. This includes those on the bike and any passengers in trailers or semi-trailers attached to the bike. The helmet must be a federally approved bicycle helmet (not a football helmet, for instance), fit correctly, and have a strap to secure the helmet to the head.

Even though adults over the age of 16 are not required by law to wear a bicycle helmet, it is widely accepted that this is a necessary safety precaution – especially for those sharing the road with motorists.

Proper Use of Headlights, Tail Lights, and Reflectors

Florida law requires bicyclists to have a functional headlight, taillight, and rear reflector if riding before sunrise or after sunset. Headlights must be visible from at least 500 feet, and the tail light/reflector must be seen from at least 600 feet.

General Rules Of The Road

  • When biking on the street, cyclists are required to follow the same traffic laws as other motorists. These laws include yielding to any traffic signs and signals, stopping at stoplights and stop signs, and stopping at red lights even if there is no traffic approaching.
  • If a bike lane is present, the biker must utilize it. If no bike lane is present, the rider must stay to the far right side of the road.
  • When riding on a sidewalk or in a crosswalk, cyclists must yield the right-of-way to pedestrians and call out to alert them before passing them.

Overall, bicyclists need to be aware of their surroundings at all times, follow all safety and traffic laws, and yield the right-of-way when necessary.

If you have been hit by a motorist while biking in Sarasota, Tampa, or Orlando – or if you have been injured due to someone’s negligence – you may have the right to compensation. Call the personal injury attorneys of Probinsky & Cole today, and we will help you determine your best course of action.

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