The same road, the same rights — and a three-foot buffer

Under Florida Statute 316.2065, a person riding a bicycle has all of the rights and all of the duties that apply to the driver of any other vehicle. Florida's three-foot passing law (F.S. 316.083) goes further: a driver overtaking you must pass at a safe distance of at least three feet — whether you're sharing the travel lane or riding in a standard bicycle lane — and must stay behind you until passing at that distance is possible. Violating it is a moving violation. When a driver ignores those duties and injures a cyclist, those same statutes become the foundation of the negligence claim.

The PIP surprise: your own auto policy usually pays first

Here's the part that surprises almost every rider: when a motor vehicle strikes you on your bike, Florida's no-fault PIP system still applies — and the coverage usually comes from your own auto policy, or a policy belonging to a family member in your household, even though your car never left the driveway. If neither exists, PIP may be available through the insurance on the vehicle that hit you. Two catches: PIP generally requires medical treatment to begin within 14 days of the crash, and its benefits are limited — they pay only a portion of your medical bills and lost income before they cap out. For a seriously injured cyclist, PIP is a starting point, not the finish line. And if you crashed with no motor vehicle involved at all, PIP doesn't apply.

Why UM coverage is so often the real recovery

Florida does not require most drivers to carry bodily injury liability insurance — so the driver who hit you may have no coverage at all for your injuries. That's why uninsured/underinsured motorist (UM) coverage matters so much for cyclists: it follows you as a person, not your car, so it can protect you while you're riding, and it also applies when the at-fault driver has some insurance but not enough. On policies that include bodily injury coverage, UM can only be rejected in writing — so many riders carry it without realizing it. Identifying every policy that applies — yours, a household member's, the at-fault driver's — is one of the first things we do. If you were hurt as the occupant of a vehicle rather than on a bike, start with our Jacksonville car accident lawyer page instead.

No helmet? Florida law says that can't be held against you

Florida only requires bicycle helmets for riders under 16 — and the statute goes further: a rider's failure to wear a helmet may not be considered evidence of negligence. If an adjuster suggests your injuries are your own fault because you rode without one, Florida law forecloses that argument. Cyclist-blaming has limits too: under Florida's comparative fault rules, being partly at fault reduces your recovery in proportion to your share, and only a rider found more than 50 percent at fault is barred from recovering.

The clock is already running

Florida's deadline to file a negligence lawsuit is generally two years from the date of injury for accidents on or after March 24, 2023 (reduced from four years under HB837). There are exceptions, but waiting is rarely in your favor — evidence disappears, witnesses scatter, and the insurance company is already working. Bicycle accident cases are part of our full Jacksonville personal injury practice, and we handle them across Jacksonville and Northeast Florida.