Mark Roman | July 19, 2023 | Florida Law
Bicycle accidents in Florida often occur for various reasons, including distracted drivers, speeding, failure to yield, or unsafe road conditions. When crashes involve bicycles and motor vehicles, victims suffer serious injuries such as fractures, head trauma, or long-term disabilities.
You may be entitled to compensation for your injury-related losses if you’ve suffered an injury in a bicycle accident. However, you must prove how the other party’s negligence contributed to the accident.
You are also likely to face resistance from the insurer of the negligent party, who works hard to minimize financial liability. The new e-bike laws in Florida also complicate your journey to compensation.
At Roman Austin, our experienced bicycle accident attorneys understand the challenges victims face and are committed to protecting your rights. We can investigate the crash, gather evidence, and pursue compensation from the negligent party.
E-Bike Laws Key Takeaways
- Florida E-bike Laws 2025 expand access by removing the age restriction, keeping three e-bike classes, and allowing local governments to set stricter rules.
- Bicycle accident compensation depends on injury severity, shared fault, insurance coverage, and evidence, with catastrophic injuries often worth millions.
- If you’re hit by a car on your bike, you can sue for severe injuries, disputed liability, or unfair insurance offers.
- An e-bike accident lawyer strengthens your claim, negotiates with insurers, and maximizes recovery.
- Call a bicycle accident attorney for legal support after the crash.
Florida E-bike Laws 2025
Florida changed its electric bike regulations in 2025, creating a more accessible and flexible framework for e-bike riders. The most notable development is the elimination of the age restriction that previously required riders to be at least 16 years old.
The change in the law allows cyclists of all ages to operate e-bikes, expanding mobility options for families and younger riders.
The state continues to recognize three classes of e-bikes under current legislation. Class 1 and 2 e-bikes are limited to 20 mph maximum assisted speed, while Class 3 models can reach 28 mph, all with motor power capped at 750 watts. However, riders under 16 are still prohibited from operating Class 3 e-bikes due to their higher speeds.
A legislative development came with Senate Bill 462, which empowers local governments to implement stricter regulations for e-bikes. This bill allows municipalities to establish minimum age requirements and require government-issued identification for e-bike operators, giving communities more control over local safety concerns.
Florida maintains that no driver’s license or registration is required for e-bike operation, keeping barriers to entry low. E-bikes can be ridden anywhere traditional bicycles are permitted, following the same traffic rules, including stopping at lights and using proper hand signals.
Helmet requirements remain age-specific, with only riders under 16 legally required to wear helmets. Even so, safety experts recommend helmet use regardless of age. Sidewalk riding regulations vary by local ordinances, requiring riders to check municipal rules in their specific areas.
How Much Compensation Will I Get for a Bike Accident
There is no average value settlement you can get for a bike accident. The value depends on the facts and circumstances of the crash. Some of the factors that influence the value of a bike accident include:
Severity of Injury
The severity of your injuries can determine how much you’ll receive for your losses. Minor injuries like scrapes, bruises, or minor sprains typically result in lower settlement values.
Moderate injuries such as broken bones, concussions, or cuts and lacerations can yield compensation in relatively high settlement values. Moderately severe injuries demand a higher value to compensate for expenses like surgery, extended physical therapy, or cause temporary disability.
Victims with catastrophic injuries deserve even higher settlement values. For example, traumatic brain injuries, spinal cord damage, or permanent disabilities can result in settlements or jury awards exceeding millions of dollars.
Severe injuries deserve higher settlement values because of lifetime medical care, ongoing rehabilitation, and permanent loss of earning capacity. A bicycle accident attorney can push for a settlement value that considers current and future medical expenses, assistive devices, home modifications, and the impact on quality of life.
Shared Fault
Shared fault arises when the injured party partly contributed to the crash. Florida’s shared liability laws impact your compensation based on your percentage of fault in the accident. If you’re found 20 percent at fault for the collision, your total compensation will be reduced by that percentage.
For example, if your case is worth $100,000 but you’re deemed 20 percent responsible, you’ll receive $80,000.Typical scenarios where cyclists may share fault include failure to signal, riding against traffic, running red lights, or not using proper lighting at night.
Even minor infractions like not wearing reflective gear can impact your fault percentage. Florida doesn’t bar recovery entirely unless you’re more than 50 percent at fault for the crash. An e-bike accident lawyer can use witness statements, an accident reconstruction expert, and other sources of evidence to protect you from being unfairly blamed for the crash.
Insurance Coverage of the Negligent Party
The negligent party’s insurance coverage is the source of compensation for the injured victim. Therefore, the at-fault driver’s insurance coverage directly limits your potential compensation.
Florida’s minimum liability coverage is relatively low at $10,000 for personal injury protection, which may be insufficient for serious bicycle accidents. If the negligent party carries only minimum coverage, your compensation is capped at their policy limits, regardless of your actual damages.
Drivers with higher coverage limits or additional umbrella policies can provide substantial resources for compensation. Commercial vehicle operators often carry larger policies, potentially offering $1 million or more coverage.
Your uninsured/underinsured motorist coverage can cover the losses in cases where the at-fault driver is uninsured or underinsured. Some cases may involve multiple liable parties, such as municipalities, for dangerous road conditions.
A bicycle accident lawyer can also file a bicycle accident lawsuit if the insurance coverage of the negligent party doesn’t cover your losses. A lawsuit allows you to access the personal assets of the at-fault party.
Availability of Evidence
Strong evidence enhances your compensation potential by establishing liability and proving your losses. The more evidence you have, the better your chances of receiving a higher settlement value that matches your losses.
Police reports documenting violations by the driver, skid marks, and vehicle damage patterns all contribute to proving negligence and the severity of the crash. An e-bike accident lawyer can use medical records to demonstrate the extent of your injury and support your claim for medical expenses.
Gaps in treatment or delayed medical attention can reduce compensation, as insurance companies may argue injuries aren’t accident-related. Traffic camera footage, dashcam videos, and witness statements create compelling cases and help improve your negotiation position.
Legal Representation
Representation from an e-bike accident attorney typically secures significantly higher settlement values. They understand intricate details of bicycle accident laws, insurance company tactics, and case valuation methods that injured victims often miss.
A bicycle accident lawyer can conduct investigations, hire expert witnesses, and present compelling evidence to maximize recovery. They use evidence to negotiate with insurers and are prepared to take your case to trial.
Most importantly, a bicycle accident attorney communicates, handles insurance paperwork, and negotiates with insurers while you focus on recovery. They have the skills to identify all potential sources of compensation, including less obvious liable parties or insurance policies, which can increase your final award.
I Got Hit by a Car on My Bike Can I Sue
Yes, you can sue after being hit by a car while cycling. Certain circumstances make legal action particularly advisable. Here are a few reasons to sue after sustaining an injury in a bicycle accident:
Severe Injury/Permanent Disability
Catastrophic injuries from bicycle accidents often require immediate legal action. For example, spinal cord damage or permanent disabilities generate substantial medical expenses and long-term care needs that insurance companies frequently undervalue.
Injured victims may also incur future medical costs, lost earning capacity, home modifications, and ongoing rehabilitation expenses. Severe injuries also carry pain and suffering components that require the input of a legal professional to achieve proper valuation.
Insurance adjusters rarely offer adequate settlements for life-altering injuries without litigation pressure. A bicycle accident lawsuit allows for a neutral assessment of the case, often leading to a higher settlement value.
The At-fault Party is Uninsured/Underinsured
You can initiate legal action when the negligent driver lacks adequate insurance coverage. Florida’s minimum liability requirements are insufficient for serious bicycle accidents. An e-bike accident attorney can use a lawsuit to access the personal assets of the negligent party.
Additionally, lawsuits can trigger your own uninsured/underinsured motorist coverage, which insurance companies sometimes resist paying without legal action.
Low Ball Settlement Offer
Insurance companies routinely offer inadequate initial settlements, hoping victims will accept quick payouts without objections. A bicycle accident lawyer can use a lawsuit to challenge low-ball settlement offers if it doesn’t cover future medical expenses, ongoing therapy needs, or lost earning capacity.
The threat of a lawsuit motivates the negligent party’s insurer to make a better offer to avoid a lengthy and costly trial.
Disputed Liability
You can file a lawsuit when an insurance company denies fault or claims the cyclist caused the accident. A bicycle accident lawyer can use litigation to establish liability through a formal evidence presentation.
They can prove the at-fault party’s negligence using accident reconstruction experts, traffic engineering analysis, and witness testimony.
A lawsuit has the discovery process, which allows a car accident lawyer to access sources of evidence like cell phone records, driver training documents, or vehicle maintenance records. They can thereafter prove negligence and strengthen your case.
What to Do if a Cyclist Is Hit by a Car
After a bike crash, your actions can enhance your wellness and protect your legal rights. For example, you should seek immediate medical attention even if you feel fine after the collision. A healthcare provider can diagnose hidden injuries and initiate a treatment plan.
You should also consult a bicycle accident lawyer for legal advice after the crash. For example, they can help you adhere to the Florida 2-year personal injury statute of limitations.
Don’t Face the Aftermath of an E-Bike Crash Alone
You may endure a worsened quality of life after sustaining an injury in an e-bike crash caused by someone else’s negligence. For example, an amputated arm may prevent you from playing with your kids or participating in nature walks.
Although you have a right to compensation, the negligent party’s insurer may shift blame or make a low settlement offer that doesn’t cover your losses. Our bicycle accident attorneys can establish the value of your losses and negotiate or litigate for a fair and just settlement.
Call Roman Austin at (727) 787-2500 for a free case evaluation.
E-Bike Accident Frequently Asked Questions
Do I Need a Lawyer for a Bicycle Accident
After an e-bike crash, a bicycle accident lawyer can be invaluable in protecting your rights and maximizing compensation. They’ll investigate the collision, adhere to deadlines, negotiate with insurance companies, and handle the legal aspects while you focus on recovery.
A skilled e-bike accident attorney can identify all liable parties, calculate the value of your economic and non-economic damages, and work to maximize your recovery. Most personal injury lawyers work on contingency, meaning no upfront costs.
Who Is at Fault if a Car Hits a Bicycle
Fault in car-bicycle accidents depends on specific circumstances and traffic laws. Drivers are typically liable when they fail to yield, overspeed, or drive while distracted. However, cyclists can be at fault for running red lights, riding against traffic, or violating road rules.
A bicycle accident attorney can use police crash reports, witness statements, and traffic cameras to determine liability. Shared liability laws may assign partial fault to both parties.
How Do I Know if My Case Will Go to Trial
Most e-bike accident cases settle out of court, but yours may go to trial if insurance companies deny liability, dispute damages, or offer inadequate settlements. Factors determining whether your case goes to trial include injury severity, fault determination, and willingness to negotiate.
A bicycle accident lawyer may advise you to pursue a trial depending on case strength, evidence quality, and potential jury verdict value. Complex cases with significant losses or disputed liability are more likely to require trial resolution.
