What are the rules for when we see a cyclist on the road?
Have you ever been on a nice afternoon bike ride with the family? Have you ever crossed paths with unruly drivers that are not so courteous to bicyclists? Chances are that the answer is most likely yes to both questions. Unfortunately, there seems to be a negative prejudice with respect to bicyclist on the road. This apparent prejudice seems to have seeped into the court room as well. Overwhelmingly, the same negative attitude drivers have on the roadways towards bicyclist is a factor that must be dealt with when selecting and speaking to the jury. Our firm goes to great lengths to research current trends and combat the negative prejudice by utilizing outreach and education.
With an increase in population and traffic, South Florida is seeing a rise in the number of bike related accidents due in pertinent part to the lack of awareness of Florida Statute §316.130 (15) which explicitly states that every operator of a motor vehicle owes a duty of reasonable care and duty to warn bicyclists of his/her presence when necessary:
(15)Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.§316.130(15), Fla. Stat.
Whether a driver has to drive around, slow down, swerve out of the way or honk to notify bicyclists, there is a duty drivers have required by law.