I am frequently asked by florida cyclists whether it is legal to ride their bikes on the sidewalk. As a florida bicycling attorney, I have also confronted this issue in numerous bicycle accident cases. Many cyclists feel intimidated by riding next to trucks and cars, especially if the road’s speed limit is high. So they choose to ride on the sidewalk. Here, they often confront pedestrians and have to deal with cars pulling out of driveways or making unanticipated turns from the road in front of them. When accidents happen, the issue is asked whether they should have been riding on the sidewalk at all.

In Florida, it is generally LEGAL for cyclists to ride their bikes on the sidewalk – so long as there is not a local ordinanace or municipal code section which prohibits it. As an example, the city of Jacksonville allows riding bicycles on its sidewalks, but cyclists may not park their bicycles on the sidewalk within a business district. In Neptune and Atlantic Beaches, which are close nearby, riding on the sidewalk is also permissible. But in Jacksonville Beach, municipal code, section 31-5, prohibits riding bicycles on the sidewalk. Here are a couple of other examples – In Miami, cycling on the sidewalk is generally allowed, but section 8-6 of the municipal code prohibits riding on the sidewalks of Southwest 8th Street between 4th Avenue and Tamiami Canal Road. In Tampa, section 25-185 of its municipal code prohibits riding a bicycle upon a sidewalk within a business district, and also prohibits riding on the sidewalk when signs are erected on the particular sidewalk which specifically prohibit it.

Under Florida law, a cyclist riding on the sidewalk generally has all the rights and duties applicable to a pedestrian under the same circumstances. Although a cyclist riding on a sidewalk has the rights and duties of a pedestrian, he is still a “bicycle rider” and his bicycle is still a “bicycle”. According to the Florida Department of Transportation, cyclists may ride in either direction on the sidewalk. However, the FDOT recommends riding on the sidewalk in the same direction as other vehicular traffic.

While cycling may be entirely legal on the sidewalk, depending on the location, it may not be optimal. Some bike safety experts contend riding in the road is safer than riding on the sidewalk.

A cyclist riding on the sidewalk must yield the right-of-way to any pedestrian and shall give an audible signal before passing the pedestrian on the sidewalk.

If you choose to ride on the sidewalk, be vigilant. Be safe. And make sure there is no local ordinance which makes this illegal. If you have an accident while riding on the sidewalk, please feel free to call me to discuss your legal rights.

In Florida, being injured while riding a bike is far too commonplace! Cyclists continue to suffer injuries in greater numbers and higher rates. In 2010, there were 4,610 Florida cyclists who suffered non-fatal injuries when involved in motor vehicle crashes. In 2008, the total number of Florida cyclists suffering these injuries was 4,391. In Duval County in 2010, 192 cyclists were injured in motor vehicle crashes. This means Duval County (Jacksonville) experience a rate of more than 22 injured cyclists per 100,000 people. However, Alachua, Bay, Broward, Charlotte, Collier, Hillborough, Leon, Manatee, Martin, Orange, Palm Beach, Pasco, Pinellas, Sarasota, and Volusia counties had even higher rates for 2010. Monroe County, with a population of about 73,000 residents, suffered 99 cycling injury crashes. This is a rate of more than 135 injured cyclists per 100,000 people! By comparison, in Monroe County there were 66 injured cyclists in 2008, and 84 injured cyclists in 2009. While Miami seems to be making efforts to reduce its cycling injury incidence, its numbers have gone from 455 injured cyclists in 2008 to 527 in 2010. The trend is going in the opposite direction. As a cycling advocate and cycling crash attorney, I urge cyclists to avail themselves of their legal rights. Motor vehicle operators who injure cyclists must be brought to justice and must pay fair compensation. Insurance companies should be motivated to cancel or dramatically increase the insurance rates for drivers who kill, maime or injure cyclists. Law enforcement must be educated on our laws in place to protect cyclists. Drivers of vehicles must be educated about how to safely interact with cyclists. It is only through these measures, and providing adequately safe facilities for cycling, that our injury rates can be decreased.

Chris Burns is pleased to announce he will be the exclusive attorney sponsor of the University of Florida Cycling Team in 2011-12. As a Florida cycling attorney handling personal injury cases for injured cyclists around the state of Florida, Chris Burns is pleased to support the University of Florida in this venture. Cycling, UF and Chris Burns deserve to go together in this way. The UF cycling team has grown into one of the largest and most successful collegiate cycling programs in the country. The team competes in more than 80 races in the disciplines of road cycling, track cycling, mountain biking and cyclocross every year. They have already won numerous conference and national championships. Also impressive, Team Florida is a student run organization.

Congratulations to cycling advocates, EMERGE MIAMI, Miami’s Bicycle Pedestrian Coordinator, Collin Worth, as well as Miami Mayor Manny Diaz for efforts being made to improve bicycling safety. There is no question it’s needed. According to the report entitled, “Dangerous By Design”, by Transportation For America, metro Miami area is the fourth most dangerous urban area for pedestrians and cyclists in the United States. From 2000-2009, Miami had 1,555 pedestrian deaths! Almost 22% of Miami’s traffic deaths were suffered by pedestrians. Cyclists are also suffering, and the death rate seems to be on the rise. In 2009, Miami Dade County had 12 bicycling fatalities, Broward had 11, and Palm Beach had 13. In the same year, Miami Dade County had 65 pedestrian deaths, Broward had 44, and Palm Beach County had 37.

Miami Dade County suffered 8 cycling deaths in 2005, 8 deaths in 2006, 12 deaths in 2007, 5 deaths in 2008, and back up to 12 deaths in 2009. This is an epidemic. From 2008 to 2009, the death rate more than doubled. It can be only be curtailed through hard work and concentrated effort on safety.

As a Miami cycling attorney, I feel strongly that bicycles must be seen as more than purely superfluous, recreational vehicles by citizens of Miami. Motorists there must learn to share the roads safely with Miami cyclists.

EMERGE MIAMI deserves credit for hosting bicycle safety seminars and bringing well-deserved and needed attention to the plight of cyclists attempting to ride safely. A Bicycle Action Committee, comprised of residents, commuter cyclists, business owners, the bicycle coordinator, and others, created a Bicycle Action Plan. The Plan was adopted on October 16, 2008, and has as its goal to make Miami a more safe and bicycle friendly city. The Plan designates a series of safe connected cycling routes.

As a bicycling attorney who represents cyclists injured in Miami and throughout the State of Florida, I congratulate those for their advocacy in Miami.

Most Florida cyclists realize that when riding between sunset and sunrise, the law requires cyclists to have a red rear light and white front light visible from a certain distance. What kind of light should the cyclist use? Probably the most common rear light is called the “blinkie” light. It is a flashing red rear light. Blinkie lights are inexpensive and the batteries seem to last a long, long time. Most Florida bike shops sell “blinkie” rear lights for safety and to help cyclists follow this law. Many cyclists feel that “blinkie” lights catch the approaching motorists’ attention better than steady lights. Are flashing lights legal? It would appear so when reviewing Florida’s bicycle regulations alone. Florida has passed its Bicycle Regulations found at 316.2065, Florida Statutes. The Florida Bicycle Regulations specifiy the duty to have lights, as set forth in section 316.2065(8). That law says nothing about whether the rear and front lights must be steady or flashing. Many argue section 316.2065(8) is the only law that applies to cyclists because it is a special law just for Florida cyclists. These persons argue that flashing “blinkie” lights are legal both front and back, because the applicable bike regulation, 316.2065(8) doesn’t preclude them.

On the other hand, Florida also has section 316.2397(7). It is not specifically a bicycle regulation. It related to vehicles, and is part of a series of laws that discuss equipment needed on vehicles. It basically says flashing lights are prohibited on vehicles except to indicate a right turn, left turn, lane change, vehicle stopped, or disabled vehicle. Does “vehicle” as used in this law mean to include bicycles? If this law AND 316.2065(8) both apply, then “blinkie” lights could be illegal when the cyclists is simply riding down the road, and not turning, changing lanes, stopped or fixing a flat tire.

It seems the better analysis would be to allow “blinkie” lights for bikes. But I am not a judge and don’t get to make a ruling. As always, please do not rely on the above as a legal opinion. The laws may change. Legal precedent may develop which answers this question one way or the other. For now, it appears to be unclear and ambiguous. Something for you to consider.

The FBI says there were 183,028 bicycles stolen in the United States in 2009. However, the National Bike Registry estimates the numbers are MUCH HIGHER and are closer to 1.5 million per year, because most bike thefts are not reported. College campuses, such as those at the University of Florida in Gainesville, the University of Central Florida in Orlando, Florida State University in Tallahassee, and the University of South Florida have very high bike theft expereince. Florida college students which bicycle must be extremely vigilant to trying to prevent the theft of their bicycles. According to the bike lock manufacturer, Kryptonite, the Top 10 Worst Cities for Bike Theft are:

New York, NY
Chicago, IL
Miami, FL
San Francisco, CA
Washington, DC
Boston
Austin, TX
Philadelphia, PA
Minneapolis, MN
Honolulu, HI

If your bicycle is stolen, is there any way for you to be reimbursed for this loss? Stolen bicycles may be covered under homeowners and renters insurance policies. This coverage could likely reimburse you, if your bike is stolen or damaged in a fire or natural disaster listed in your policy. There may likely be a deductible on the coverage. When you are buying your homeowners or renters insurance, keep in mind this difference in the way your bike loss may be valued.
•Actual Cash Value
Actual cash value reimburses you for what the bicycle is actually worth given its age. A 5 year-old bicycle, for example, would be valued at the cost of a comparable bicycle minus 5 years depreciation.
•Replacement Cost Coverage
Replacement cost coverage reimburses you for what it would cost to replace your 5 year-old bicycle with one of like kind and quality at current cost.

Homeowners and renters insurance policies may also provide liability protection. This covers you for claims made by persons you may have caused harm to while riding your bicycle. If you injure another cyclist or pedestiran while riding and they bring a legal claim against you, you may be provided with an attorney to defend your rights, and you may be covered up to the liability limits of your policy.

As an attorney who represents cyclists and their families around the state of Florida, I am very concerned about how unsafe cycling is in Florida. In my many cases as a cycling crash attorney, I have seen the depth of despair and traumatization caused by a cycling death which hits close to home. Together, we must find ways to make cycling in Florida safer. In its 2010 Benchmarking Report, a collection of bicycling and walking data from all 50 states, the Alliance for Biking & Walking set forth some very alarming and concerning statistics about cycling in Florida. Nationwide, 9.6% of all traffic crash deaths involved bicyclists or walkers. In Florida, 20% of all traffic fatalities were to cyclists or pedestrians. It is unacceptable that Florida experiences more than double the national average percentage for cycling deaths.

At the same time that cycling must become safer in our communities in Florida, it must also be encouraged. 33.1% of Florida’s youth between the age of 10-17 are obese or overweight. Adolescents who bicycle are 48% less likely to be overweight as adults. (Menschik, D, et al., 2008) Bicycling can help you live longer and better. Adults who ride bike to work have better weight, blood pressure, and insulin levels. Furthermore, Americans love cycling. Bicycling is the second most popular outdoor activity in the United States. 47% of Americans say they would like more bike facilities in their communities. (National Highway Traffic Safety Administration, 2008)

As your cycling accident attorney, I am vitally concerned about why your crash occurred. I not only want to ensure you are fairly compensated under the law. I also want accidents like yours not to be repeated with other Florida cyclists.

Recently, I was speaking to a bicycle club about cycling and current legal issues. I was asked an excellent question. I thought I would share the answer to this question, which may not be obvious. Consider this scenario: During a bicycle club sponsored training ride, the group of club cyclists approach a traffic light at an intersection. They want to go straight through the intersection or make a left turn. The traffic light is red. The traffic light won’t change to green. The cyclists and their bicycles don’t “trigger” the light to change to green. (Many traffic signals use sensors to detect vehicles before the signal turns green for cross-streets or left-turn-only lanes. These “demand-actuated” signals cause problems when they fail to detect a waiting motorist, bicyclist, or motorcyclist. Drivers of small vehicles, such as bicycles, often have difficulty being detected by the sensors because the sensors are improperly designed or adjusted.) Are the cyclists allowed to stop, yield, and then move through the intersection, even though the traffic light is still red? What advice should the club ride leader give?

Answer: The club Leader should insist that cyclists NOT stop, yield, and then proceed through the intersection – if faced with a Red Steady Signal. Presumably, the traffic coming in the other direction has a solid green light. They will likely proceed through the intersection without stopping or yielding. The cyclists MAY stop, and then make a right turn when safe to do so, so long as right turns on red are allowed at this intersection. After making the right turn, they could make a legal and safe u-turn. Otherwise, they must find an alternative route.

This is a different situation from when the traffic signal is completely broken or inoperable, such as when it is flashing in all directions. In Florida, if the light is broken, the intersection is to be consider an “all way stop”. Then the cyclists can stop, yield, and proceed. BE VERY CAUTIOUS. The driver of the first vehicle or bicycle to stop at the intersection shall be the first to proceed. If 2 or more vehicles reach the 4 way stop intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right. Others states may have other laws when if comes to inoperable traffic signals.

In either situation, I urge you to report the traffic signal problem as soon as possible.

As a Gainesville cycling attorney, I am very aware and concerned about the safety of cyclists, including the more than 26,000 students who ride their bicycles on and around the campus at the University of Florida. Annual statistics for cycling fatalties in Alachua County reveal an alarming trend during the past five years. In 2005, there were no bicycling fatalities in Gainesville, Waldo, and the rest of Alachua County. From 2006 until now, there have been 15 or more bicycling deaths. In March 2011, Robert Paul King died while cycling in Gainesville during his participation in the Bike Florida tour. By comparison, Bradford County had only 1 cycling death in the past 5 years. Baker County and Gilchrist County and Levy County each had no bicycling deaths.
Although by profession, I have the honor of representing bicyclists and their families or estates when a cycling fatality or injury has occurred, I would be thankful and grateful if there was no need for my professional services across the State of Florida. Unfortunately, cycling fatalities in Florida are immense. In the past five years, 582 cyclists have lost their lives in Florida.
Should you require a Gainesville cycling attorney due to a bicycling death or injury, please contact me.

In 2011, the US Department of Transportation published Traffic Safety Facts about bicycling for the year 2009. The facts are very sobering. In 2009, there were 630 cyclists killed and 51,000 injured in crashes with motor vehicles. That means there is one bicycling injury about every 10 minutes! The good news – 2009 cycling fatalites are about 12% lower than the prior year, and are at the lowest mark since 2003.

The majority of bicycling crashes nationwide occur in urban areas. Interestingly, most cycling fatalities took place at non-intersections. Nearly 3/4 of the fatality crashes occurred during daylight hours, with the single largest percentage taking place between 4 p.m. and 8 p.m.

The average age of the cyclist who died was 41. The average age of the cyclist injured was 31. With both statistics, the age of the effected cyclist has become older over the last decade. Overwhelmingly, males make up the largest part (81%) of cyclists suffering injuries in 2009.

PLEASE DON’T BICYCLE AND DRINK ALCOHOL! More than 1/4 of all cycling deaths involved bicyclists with a blood alcohol concentration of .01 grams per deciliter or higher. If one includes both cyclists and motor vehicle drivers, alcohol involvement was reported in about 40% of all fatality accidents.

Florida has the highest total number of bicycling fatalities in the US in 2009 – 107 deaths. While California has about double the total population of Florida, California had 99 cycling deaths. When it comes to the number of bicycling deaths per million people, Delaware actually had the highest rate of cycling death, followed by Florida.