|
FLORIDA STATUTES Section 316.083 - Motorists must give cyclists three (3) feet when passing them Section 316.0085 - Governmental Liability for Mountain Biking Facilities Section 316.2065 - Bicycle Regulations
FLORIDA CASE DECISIONS Banfield Triathlon case - A well-written release which is signed by the athlete may insulate race promoters and directors from liability for their negligence
IS IT LEGAL TO RIDE ON THE SIDEWALK?
CYCLISTS HAVE RIGHTS AGAINST DOG OWNERS
SAFETY GUIDE
WELL KNOWN, BUT UNDERSTATED TIPS
57 million Americans ride bikes regularly. With nearly two billion bicycle outings a year, it should come as little surprise that nearly 580,000 of those rides end up in a visit to the emergency room. Collisions with motorists cause 90 percent of bicycling deaths.
Unfortunately, Florida has the second highest traffic fatality rate in the country for cyclists. Often, the offending motorist is hitting the gas to pass, as opposed to slowing down. For those of us passionate about cycling, there’s nothing worse that a car coming dangerously close, “buzzing” us as they pass by. Many drivers don’t feel cyclists should be on the road and should only ride in parks or away from cars. But ignorance of the law is no excuse. Cyclists have the legal right to be on the road.
You have the right to representation of an attorney of your choosing.
You have the right to seek legal representation BEFORE speaking to an insurance company.
You are entitled to one chance at compensation, so make the most of it.
As a cyclist hiring Chris Burns, you are entitled to: A free consultation No fee unless there is recovery Experienced, knowledgeable legal representation
SAFETY GUIDE top Normal bicycle safety guides seem to tell you little more than two things - wear your helmet and to follow the law. From my experience in handling hundreds of cycling cases, that’s not enough. Wearing a helmet does nothing to stop a crash. Sure, helmets help you if you get hit, but your #1 goal should be to avoid all crashes. Plenty of cyclists are killed by cars even though they were wearing helmets. Don't fall for the myth that wearing a helmet is the first and last word in biking safety.
The next most common bike safety advice is "follow the law." This is obvious. It’s reckless to sprint through red lights. It’s stupid to ride on the opposite side of the road, against traffic. So the "follow the law" advice isn't that helpful because it's too obvious.
The other problem with the "follow the law" message is that people may think that's all they need to do. But following the law is not enough to keep you safe, not by a long shot. Here's an example: The law tells you to ride as far to the right as is practicable. But if you ride too far to the right, someone exiting a parked car could open his car door right into you! It’s often safer to ride enough to the left that you won't run into any door that's opened unexpectedly. An approaching motorist from behind can more readily see you than the motorist getting ready to get out of his parked car.
WELL KNOWN, BUT UNDERSTATED TIPStop
|
1. Get a good head light and tail light, and wear bright clothes. If you're riding when it’s not bright sunshine, and always at night, use a headlight and tail light. It's required by law between sunset and sunrise. Even for daytime riding, a bright light that has a flashing mode will likely make you more visible to motorists, as will bright clothing. Helmet-mounted lights allow you to look directly at the driver to make sure he/she sees you. It’s also a good idea to use three-dimensional lights. This way the traffic beside you can see you as well as the traffic ahead of you, and behind you.
|
TIP: The Uninsured Motorist clause on your auto insurance may pay if you're the victim of a hit & run while bicycling. Check your policy.
|
2. Don't ride on the sidewalk. You risk getting hit by cars pulling out of parking lots or driveways, as they often aren’t expecting you. You risk getting hit by vehicles making turns across the sidewalk. You are more visible when sharing the road. Finally, riding on the sidewalk is illegal in some places.
3. Don't hug the curb - take more of the lane when you can. Give yourself a little space from the curb. That gives you some room to move, if you have to avoid a motorist who pulls out in front of you, or to miss a pot hole. Taking part of the lane prevents cars from passing you too closely on narrow roadways. Motorists can see you better if you're squarely in the road, rather than on the extreme edge where you're easily overlooked. If the lane is too narrow for cars to pass you safely, then move left and take the whole lane. Getting buzzed by cars is dangerous. In Florida, you must ride as far to the right as is “practicable.” The exceptions being when passing or turning left, or when the road is too narrow.
4. Avoid busy streets. One of the biggest mistakes new cyclists make is to ride the exact same routes they drive. Cyclists have a right to ride on busy urban roads, but that's a small consolation when you're dead. Stay on calm roads.
5. Ride as if you were invisible. Ride in a way so that motorists won't hit you - even if they don't see you. Don’t count on the car driver to take action to avoid hitting you (e.g., by their slowing down or changing lanes). Stay out of their way. Then you won't get hit even if they didn't notice you were there.
Example: Cyclist’s left turn
It's a good idea for cyclists to make a hand signal to warn motorists they are turning left – but most cyclists don’t do that. it's a better idea to make your left turn when and where there aren't cars around to hit you. You can hang out in the middle of the street, stopped, with your left arm out, waiting to make your turn, but you're counting on cars behind you to see you and stop. If they don't see you, you're in trouble. Go to the next street. Slow down until the motorists pass you. Avoid the potential for a problem.
6. Don’t wear headphones. Florida and other states make it illegal to wear headphones while cycling. However, this doesn’t stop a majority of cyclists from using their iPods on the road. The truth is, it’s majorly unsafe to reduce your ability to hear the traffic around you. Whether you saw it from a pro or a friend, purposely diminishing your hearing reduces your reaction time to the possible accidents that surround your daily ride.
|