If you’ve found yourself here, you may have been in a bicycle accident and are wondering what happens next. You might be feeling scared, confused, or even unsure if you have a case at all. That’s completely normal. Many people in your shoes feel the same way. We understand how hard it is to be hurt and worried about medical bills, missing work, or simply what the future holds. That’s why we want to help guide you through one of the most confusing parts of bicycle accidents in Florida: contributory negligence.
Franklin Domenech, Esq.
Attorney - Partner
William Alexander Corzo, Esq.
Attorney - Of Counsel
What It Means When More Than One Person Is at Fault
In some accidents, it might seem like the driver is completely to blame. But in many cases, things are not that simple. Florida uses something called comparative negligence. This means the law looks at everyone’s actions in the crash. If both the driver and the bicyclist made mistakes, the court may decide each person shares part of the fault.
For example, let’s say a car hits you while you are riding your bike. The driver ran a stop sign, but you were not using a bike light at night. In that case, the court might say both of you were at fault. Maybe they find the driver is 80 percent at fault and you are 20 percent at fault. This is important because it changes how much money you can get. If your total damages are $100,000, and you were 20 percent at fault, you would only get $80,000.
This system can make cases more difficult, but it doesn’t mean you can’t win. It just means the details matter. And the more you know about those details, the better prepared you’ll be.
How Florida’s Rules Work After a Bike Accident
Florida follows what’s called pure comparative negligence. This means you can still recover damages even if you were partly—or even mostly—at fault. As long as someone else also shares blame, you can still pursue your case.
That might sound good, but it also means insurance companies will try to put as much blame on you as they can. If they can say you were 50 percent, 60 percent, or even 90 percent at fault, they can pay you much less. That’s why these cases need to be handled carefully. The way the accident is described, what the evidence shows, and even what you say after the crash can affect how fault is divided.
Highly recommend victory law firm they've been nothing but great and and very presentable if you want to win a case I definitely I give it 5 stars”
- Yari Yes
Mr. Domenech, Mr. Leon, Miss. Katerina helped me and my family tremendously. They are knowledgeable, professional, laways available and most importantly care about their clients, I would recommend them 100% and more. Endlessly grateful."
- Llubikza Kairuz
Attorney William Corzo did an excellent job in assisting me with my car accident case. He was thorough and professional and the outcome was great- would definitely recommend him."
- Patrick Dollar
This is where having someone with strong legal knowledge comes in. You need someone who can push back when the insurance company tries to blame you unfairly. You need someone who can explain why what you did may not have caused the crash—or at least not most of it.
What Kind of Things Can Affect Who Is At Fault
There are many parts of an accident that can change how fault is shared. One of the biggest is whether traffic laws were followed. If the driver broke a law—like running a red light or texting while driving—that helps your case. But if you, as the cyclist, didn’t follow a law—like riding against traffic or not having proper lights at night—that can make it more complicated.
Sometimes even small details matter. Were you wearing bright clothing? Were there any road signs the driver ignored? Did you signal before turning? Did the driver see you and still hit you? All these things help show what really happened.
Witnesses, traffic camera videos, police reports, and photos from the scene can all play a role. The more evidence we have, the stronger your case can be. And the sooner you act, the easier it is to collect that evidence before it’s gone.
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What You Can Still Win Even If You Were Partly At Fault
Just because you might have made a mistake doesn’t mean you don’t deserve help. You can still recover money for many things. That includes hospital bills, follow-up doctor visits, lost wages if you had to miss work, and even the pain you’ve felt during recovery.
If you have long-term injuries that will affect your future, those can also be part of your case. The amount you can recover will just be based on your share of the blame. So, if the court says you were 30 percent responsible, you can still receive 70 percent of the total amount.
This is why it’s so important to get the facts right. If the insurance company says you were mostly to blame, they may offer you much less than you deserve. But if we can show that the driver was mostly at fault, you could receive much more.
How These Cases Usually Go
After a bike accident, you might get a call from the other driver’s insurance company. They might seem nice or just curious, but be careful. What you say can be used against you later. They may try to get you to admit fault or say things that hurt your case.
You don’t have to give a full statement without speaking to someone on your side. In fact, it’s often better not to speak to them at all until you’ve had someone review your case.
If you decide to take legal action, the first step is usually an investigation. We collect facts, talk to witnesses, look at traffic laws, and gather medical records. If the insurance company doesn’t offer a fair amount, we can move forward with a lawsuit.
Most cases settle before they ever get to trial. But sometimes, going to court is the best way to get what you deserve. That decision is always yours, and we’ll help you understand the risks and benefits.
Serious Results
Why Time Matters More Than You Think
In Florida, you don’t have forever to file a claim. There are time limits—called statutes of limitation. For bicycle accidents involving negligence, that limit is usually two years from the date of the crash. That might sound like a long time, but it goes by quickly, especially if you’re recovering or dealing with other problems caused by the accident.
Also, evidence gets lost. Witnesses forget what they saw. Videos can be erased. The sooner you act, the better chance we have to build a strong case. Even if you’re not sure whether you want to file a lawsuit, talking to someone early can help you keep your options open.
You Don’t Have to Figure This Out Alone
Being in a bicycle accident can turn your life upside down. One moment you’re riding to work, school, or just for fun—and the next, you’re in pain, maybe out of work, and worried about the future. On top of that, now you have to understand laws about fault, rules of the road, and how insurance companies work.
That’s a lot to take on alone. You shouldn’t have to. And you don’t have to.
Get the Help You Need From Someone Who Truly Cares
If you were hurt in a bicycle accident in Florida and someone is trying to say it’s your fault—or even just part your fault—you deserve someone who will fight for you. You deserve someone who understands how contributory negligence works and how to show the truth about what really happened.
We want to hear your story. We know what you’re going through, and we care about helping you get through it. We’ve helped people like you before, and we’re ready to do it again.
Don’t wait and wonder if things will get better on their own. Reach out today. Let Victory Law Firm P.A. help you take the next step toward getting the outcome you need and the peace of mind you deserve.