bicycle accidents

How Shorter Days, Longer Nights Impact Miami Bicycle Accidents

Published on: September 23, 2022 | by Gerson & Schwartz, P.A.

Due to the year-round tropical climate and average of 237 sunshine days per year, bicycle riders in South Florida do not experience the temperature change that indicates the arrival of fall. However, the days are starting to get noticeably shorter, a trend that will continue until Daylight Savings ends on November 6, 2022 – at which point the impact of early darkness really becomes apparent. The National Highway Traffic Safety Administration (NHTSA) reports that lower lighting does affect bicycle accidents. Almost 40% of all collisions involving pedal cycles occur from 6 pm to midnight.

When you break down the data into seasons and hours of light, the transition into the fall and winter months is a dangerous time for bicycle riders. Visibility is part of the issue, but negligent drivers are the most significant risk. It is important to discuss your situation with a Miami bicycle accident attorney if you were hurt since Florida law protects your interests. Some additional statistics are also useful.

Data on Bicycle Accidents and Environmental Impacts

Can I Get a DUI on a Bicycle in Florida?

Published on: March 18, 2022 | by Gerson & Schwartz, P.A.

Contrary to popular misconception, YES, you can be arrested for drunk driving while on a bicycle in Florida. The state statute on driving under the influence (DUI) applies to anyone on a vehicle, and the law specifically excludes the word “motorized” when describing the offense. You could be charged if you have a blood alcohol concentration in excess of the legal limit, but officers could also arrest you if they believe your capabilities are impaired by alcohol. If convicted, you face up to six months in jail and a maximum fine of $1,000.

However, the potential for a criminal conviction is not the biggest concern for bicycle riders. Alcohol has the same effects on your mind and body no matter what vehicle you are operating, so you put yourself at risk of serious injuries in a Miami bicycle accident. Some information on the dangers should convince you to avoid riding after consuming alcohol.

Statistics on Drunk Driving and Bike Crashes

Does Florida PIP Insurance Cover Bicycle Accidents?

Published on: November 5, 2021 | by Gerson & Schwartz, P.A.

Bicycle accidents may not be as common as other traffic-related collisions, but they do tend to cause a disproportionate number of fatalities and injuries. According to the Crash Dashboard operated by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are almost 6,700 total bicycle accidents statewide every year; in 95% of them, at least one person is killed or injured. It does not take a degree in physics to know that the person on the bike will typically suffer the most devastating harm. If you were hurt in a bicycle accident, you may wonder about your legal options versus the at-fault motorist.

Fortunately, you do have remedies for recovering compensation, and they fall under state auto insurance laws. Florida is a no-fault jurisdiction, so motorists are required to carry Personal Injury Protection (PIP) insurance to cover their own injury-related losses. These requirements impact your rights as a victim, and a Miami bicycle accidents lawyer can explain the details. Answers to common questions about Florida PIP insurance in bike collisions may also be useful.

What Does “No Fault” Mean?