FS 316.2065 (5) (a) When Cyclists Must Use Bike Lanes

Cowen Edwards represents bicycle accident victims in Fort Lauderdale in the legal process. There’s a lot of different laws in place that protect you and other bike riders in the city. Still, accidents can happen. When they do, our bicycle accident lawyers will be there to help you. Contact us today for a free consultation.

What is FS 316.2065 (5)(a)?

One of the main ways you can protect yourself from a bike accident in Fort Lauderdale is by using designated bike lanes, which are plentiful throughout the city’s many streets and roads. Bike lanes not only give you space as a rider, but make it fairly easy for drivers to either get around you or give them enough time to react if something goes wrong.

This is the purpose of FS 316.2065 (5)(a), a law that says bike riders must:

  • Stay in a bike lane if there is one
  • If there’s not one, you have to ride as close to the right side of the road as possible unless you:
    • Are passing another bike or vehicle going in the same direction as you.
    • Are getting ready to make a left turn at an intersection, onto another road, or to a driveway.
    • Need to move to avoid a hazard or unsafe situation. This also includes lanes that are too narrow for a bike and a vehicle to travel side by side safely.

Laws like this one are pretty easy to understand. As a bicyclist, though, it’s all about staying safe. At the same time, following this law alone often isn’t enough to avoid accidents, especially on certain roads and certain situations.

How Do Accidents Happen Despite Laws Like FS 316.2065 (5)(a)?

In Fort Lauderdale, if you’re involved in a sideswipe bicycle accident, figuring out who’s responsible is usually straightforward. The driver who collides with you will likely be mostly liable for your injuries.

Laws like FS 316.2065 (5)(a) highlights the importance of giving bicyclists space. Drivers should make sure there’s enough room–usually at least three feet–when passing someone on a bike.

Despite these safety measures, bicycle accidents still happen, often because drivers ignore this law. Common reasons for these accidents happen include:

  • Not checking blind spots before changing lanes
  • Weaving between lanes
  • Driving under the influence
  • Reckless driving or speeding
  • Failing to use turn signals
  • Driving too fast in poor weather

While the driver who hit you is usually most at fault, there are other parties that could share liability, such as:

  • Passengers
  • Other drivers
  • Pedestrians or other cyclists
  • Construction companies
  • Car or parts manufacturers
  • Local government entities responsible for road upkeep or signage

No matter who ultimately ends up responsible for your injuries in a bike accident, you have certain options in place to recover your losses.

What Are Your Legal Options After Being in a Bicycle Accident?

Being sideswiped while biking is frightening and can lead to serious injuries. Fortunately, your legal options after a bicycle accident are the same as any other accident. As a victim of someone else’s negligence, you have the right to file an injury claim to recover “damages.” You can do this in two main ways:

  • Filing an insurance claim outside of court
  • Filing a personal injury lawsuit

Both approaches can help you get financial support for your:

  • Medical expenses (including surgeries, emergency care, ongoing treatments)
  • Repair or replacement of your bike and any damaged property
  • Lost wages or diminished earning capacity
  • Effects on your quality of life and relationships
  • Physical pain and suffering
  • Emotional distress
  • Wrongful death costs (if your injuries are fatal)
  • Punitive damages in rare cases

The amount you can get depends on how strong your evidence is and how well it shows how the accident affected you. Make sure to file your claim within two years of the accident, or you might lose your chance to file a claim or recover these damages.

Contact Cowen Edwards After a Bicycle Accident in Fort Lauderdale

No matter what the circumstances are surrounding your bicycle accident, it’s likely that you’re facing pretty serious injuries and other losses that you might be struggling to deal with. Even with laws in place to protect you, there’s only so much that it can do to actually prevent an accident. Further, an accident can be complex and vary from case to case.

While you have legal rights, whether you need a lawyer depends on the details of your accident. If it’s a minor accident with clear insurance coverage, you might be able to handle filing a claim on your own. However, for more serious accidents and injuries, having our lawyers on your side can be crucial.

We’ll help you get the results you need by:

  • Investigating the accident to figure out what really happened
  • Reviewing your options
  • Collecting evidence
  • Speaking with witnesses
  • Checking insurance policies
  • Filing insurance claims or lawsuits, then negotiating on your behalf

We’ll support you throughout the entire process, making it simpler for you and your family. If you’ve been injured in a bike accident, contact us today for a free consultation.