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According to the Florida Department of Highway Safety and Motor Vehicles (“FLHSMV”) under “Florida law, a bicycle is legally recognized as a vehicle, and the person who is riding the bike is considered to be a driver.  As a result, individuals who ride bikes have the same rights on the roadways as other vehicle operators and must abide by the same traffic laws.”  As such, FLHSMV encourages all drivers to “Share the Road!”  Fort Myers Bike Accident Attorney Randall Spivey wants to provide tips to help all road users, both drivers and cyclists, “Arrive Alive!” and also wants to provide information on how to protect your rights if you or a loved one is injured in a bicycle accident. 

Sobering Cyclist Collision Statistics 

According to a Traffic Safety Facts publication by the U.S. Department of Transportation National Highway Traffic Safety Administration (published in July 2024), in 2022, there were 1,105 cyclist fatalities, accounting for 2.6% of all traffic fatalities. Sadly, this was a 13-percent increase in cyclist fatalities from the year 2021. Also, according to this report, alcohol involvement (defined as a blood alcohol concentration [BAC] of .01 grams per deciliter [g/dL] or higher) – either for the motor vehicle driver involved in a fatal cyclist crash and/or the killed cyclist – was reported in 37% of all fatal cyclist crashes in 2022. Additionally, this report noted that, most cyclist fatalities (83%) were in urban areas, and 29% percent of fatalities occurred at intersections. Finally, the report notes that cyclists who were killed in single-vehicle traffic crashes involving passenger vehicles were more likely to be hit by the front of these vehicles. 

To attempt to lessen these tragic statistics, Fort Myers Bicycle Accident Attorney Randall Spivey shares the following tips from the Florida Department of Highway Safety and Motor Vehicles to help cyclists stay safe on the road and arrive alive. 

Rules for Bicyclists

Laws that apply to drivers that also apply to cyclists include laws regarding stopping at stop signs and red lights, riding with the flow of traffic, using lights when riding at night, giving the right-of-way to other drivers when entering a roadway, and yielding to pedestrians in a crosswalk. Specifically, Florida Statute 316.2065, states that “[e]very person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter, and except as to provisions of this chapter which by their nature can have no application.” Section 316.2065 sets forth several other rules for bicyclists, including:

• A bicycle may not carry more people at one time than the number for which it is designed or equipped.

• A bicyclist must yield the right-of way to any pedestrians and shall give an audible signal when passing when operating upon any sidewalk or in a crosswalk.

• A bicyclist riding between sunset and sunrise must have a bike equipped with a white light on the front and red light in the rear. 

• When a bicycle is operated upon a roadway and is not traveling at the same speed as other traffic, the bicyclist must ride in the designated bike lane or as close as practicable to the right-hand curb or edge of the roadway.

• A bicyclist may move away from the edge of the road or bike lane to avoid any potential conflict or condition, including, “a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, turn lane, or substandard-width lane, which makes it unsafe to continue along the right-hand curb or edge or within a bicycle lane.”

• On a one-way street with two or more traffic lanes, a cyclist can ride as close to the left-hand edge of the roadway as it is practical. This means that they have the freedom to ride where they need to on such streets to feel safe.

• All bicycle riders and passengers under the age of sixteen (16) must wear helmets. 

• When riding with others, cyclists may not ride more than two side-by-side unless it is part of a roadway reserved for bicycles; cyclists must ride single file if the cyclist and the other rider are impeding traffic.

As set forth in “Bicycle Safety Awareness,” from the Florida Highway Safety and Motor Vehicles, a bicyclist should not operate a bike under the influence of alcohol or drugs. A bicyclist should also not wear headphones while operating a bicycle. It is important for a bicyclist, like a driver of a motor vehicle, to not be distracted or impaired while operating the bicycle. Biking requires a person’s full visual, manual, and cognitive focus.

Drivers Must Share the Road with Cyclists 

In addition to cyclists following the above tips to ride safely, drivers of vehicles also have a shared responsibility to keep cyclists safe on the road. According to the National Highway Traffic Administration (“NHTA”), bicyclists share the same rights and responsibilities as people operating a motor vehicle. NHTA, which is part of the United States Department of Transportation, provides the following tips to help drivers safely share the road with cyclists, who have the same right to be on the road as individuals in vehicles: 

• “Yield to bicyclists as you would motorists and do not underestimate their speed. This will help avoid turning in front of a bicyclist traveling on the road or sidewalk, often at an intersection or driveway.”

• In parking lots, at stop signs, when packing up, or when parking, look twice at your surroundings for other vehicles, including bicycles.

• “Drivers turning right on red should look to the right and behind to avoid hitting a bicyclist approaching from the right rear. Stop completely and look left-right-left and behind before turning right on red.”

• Obey the speed limit, reduce speed based on road conditions such as rain, and drive defensively to avoid a crash with a cyclist. In the words of a famous campaign regarding safety for motorcyclists, “Look twice; save a life!” 

• “Give cyclists room. Do not pass too closely. Pass bicyclists as you would any other vehicle—when it’s safe to move over into an adjacent lane.” 

By following these rules, Fort Myers Bicycle Accident Attorney Randall Spivey hopes drivers can help keep cyclists safe on the road. 

Protecting Your Legal Rights after a Bike Accident  

However, if you or your loved one is injured in a bicycle accident, it will be important for you to be proactive to protect your legal rights: 

1. Get Medical Attention

If you are injured in a bike accident, immediately get medical help, and then follow the advice of your doctor. Seeking medical attention is essential because a medical professional can provide a thorough examination and will also document your injuries. 

2. Document Your Accident as Thoroughly as Possible 

Documentation is essential when dealing with insurance companies after an accident. If you can do so, you should take photos and videos to document any damage to your vehicle, and you should be sure to keep any photos or videos you took in the immediate aftermath of the accident. This is just as important when involved in a bicycle accident as a motor vehicle accident.

3. Report the Accident to the Authorities and Your Insurance Company

Report the bicycle crash to local law enforcement. If you are riding a bicycle and injured by a motor vehicle the accident should also be reported to the car owner’s insurance company as soon as possible. 

4. Get Help from a Fort Myers Bike Accident Attorney

An experienced Fort Myers bike accident lawyer will be able to investigate your accident and determine what evidence is available to protect your legal rights. Your attorney will also be able to deal with the insurance companies and take any necessary legal action on your behalf. To maximize your chances of a full recovery, you should contact an experienced bicycle accident attorney at Spivey Law Firm, Personal Injury Attorneys, P.A. as soon after your accident as possible. There is only a specific period of time to bring a claim against a negligent driver, and it is also important to act as soon as possible to help preserve evidence that will help your case such as witnesses and video surveillance. 

Speak with a Skilled Fort Myers Bike Accident Lawyer About your Bicycle Accident 

If you have been the victim of a bicycle accident in Florida, you have rights. Fort Myers Bicycle Accident Attorney Randall Spivey routinely handles bicycle accident claims, and our attorneys would be glad to discuss your options with you.  If you need help protecting your legal rights after a bicycle accident, you can call Spivey Law Firm, Personal Injury Attorneys, P.A. at 239-337-7483 or statewide at 888-477-4839 or contact us online at Spiveylaw.com for a free consultation. There are no costs or attorney fees until we receive a monetary recovery for you.