By John Mordecai P.A.
Florida is one of the three most dangerous states in the United States for pedestrians, bicyclists and motorcyclists; that is especially true in Duval County. Cyclists are at risk for serious injury due to negligent inattention and lack of awareness by drivers. For example, in 2018 and 2019 the total number of traffic fatalities in the entire state of Florida was similar. However, in Duval County, the number of fatal crashes has continued to rise. Eighty one of the one hundred sixty three people who died on Duval County roads were pedestrians, bicyclists or on a motorcycle - not in cars, SUVs or trucks.
Ten people on bicycles were killed in Jacksonville in
each of the last two years. Of 163 crash fatalities reported in Jacksonville
last year, 46 were pedestrians — up from 34 deaths the year before. Twenty-five
people on motorcycles died on Duval County roads in 2019 — up from 19 the
previous year.
Aside from that provided by a helmet, children and adult
cyclists have little protection from injury. Even when cyclists “bike ride
defensively”, negligent car and truck drivers cause severe orthopedic and
neurological injuries to even the most careful of cyclists. Here is a list of Florida Bicycle Laws, most
found in Section 316.2065, Florida Statutes, which promote cyclist safety:
1. a) Roadway Use:
When operated on a roadway, a bike is considered a “vehicle” and the cyclist is
the “operator” of a vehicle. The cyclist must follow the same traffic
rules as the operator of a motor vehicle as well as those rules applicable to a
cyclist.
b) Sidewalk Use: Cyclists are considered to be a “pedestrian” when riding
on a sidewalk and must follow the same rules for other
pedestrians as well as those rules applicable to a cyclist.
2. Helmets: Cyclists
under the 16 years of age must wear a fastened helmet. Yes, it can be a struggle, but it’s important for
their safety. In fact, if a child is injured in a cycling crash,
Section 316.2065(19) provides that the failure of a parent to
insure that their child rode with a helmet may be considered evidence of the
negligence or contributory negligence of that parent so as to reduce the value
of the child’s claim for injuries.
3. Bike Lanes: When
there is a marked bike lane on a roadway, cyclists must use it. If there
is no marked bike lane, then the cyclist must ride as close as practicable to
the right-hand curb. If a cyclist is on a one-way street with two or more
traffic lanes, they need to ride as close to the left-hand edge as
possible.
4. Lighting and
Visibility - Front and Back: When riding while dark (between sunset and
sunrise), cyclists must use a front white light which can be seen from at
least 500 feet as well as a rear reflector showing a red light visible from at
least 600 feet.
5. Roadway Traffic: Cyclists must ride with
traffic on a roadway; riding the wrong way into oncoming traffic accounts for
15% of bike-vehicle crashes. Those mishaps occur because vehicle drivers
don’t expect oncoming traffic, whether bike or vehicle, to be approaching from
the wrong direction.
6. Sidewalks: In
contrast to “roadway” rules, cyclists riding on a sidewalk, can ride in either
direction since they are then considered a “pedestrian.”
8. Don’t Impair
Your Ability to Hear: Cyclists
are prohibited from using ear buds, headphones or other listening devices - other
than a hearing aid. Although not prohibited by law, the negligent
driver’s insurance company could possibly argue that the ear bud prohibition
precludes the use of cell phones.
9. Impaired Riding
and Open Containers: Just like the operators
of vehicles, cyclists are prohibited from riding while under the influence of
drugs or alcohol, just as the operator of a vehicle cannot do so. Further,
open containers of alcoholic beverages are prohibited while riding.
10. Consequences of Violating the “Safety Rules”: The worst
consequence of violating the law is an injury or worse. In addition, violations
of Section 316.2065, Florida Statutes are noncriminal traffic
infractions and are subject to a fine of up to $500.00.
Whether riding a bike, driving a vehicle, or walking on a
sidewalk, we each have a duty to use reasonable care to
prevent injury to others. Use the same reasonable care to prevent
injury to ourselves by practicing defensive cycling.
John Mordecai is a Jacksonville, Florida personal injury – wrongful death attorney who has successfully handled cases for thousands of people from all over Florida with recovery amounts for individual clients from thousands of dollars to over $5,000,000.00. To learn more, go to http://mordecailaw.com or call 904-355-3109
It's amazing how few bicyclists ride with lights at night. That's crazy, since bike lights cost about $20 for both a headlight and a taillight. If you're going to ride at night, you need to make sure you're visible to motorists.
ReplyDeleteI agree. I would even add wearing high visibility clothing. It's better to be seen and avoided than to get hurt or worse because it was hard to see you.
ReplyDeletePersonal injury attorney You made such an interesting piece to read, giving every subject enlightenment for us to gain knowledge. Thanks for sharing the such information with us to read this...
ReplyDelete