Cyclist Injured at an Intersection With an Obstructed View

Attorney Answer

Sharing some of the blame does not end a claim in Florida. How much it costs you — and whether it can end the claim at all — depends on exactly when this crash happened, because the Legislature changed that rule in 2023. And "I couldn't see him" is not, by itself, a defense.

Take the driver's explanation first. A parked truck blocking a corner is a condition a driver must account for, not an excuse for failing to. Fla. Stat. § 316.1925(1) provides: "Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person." A blind corner is an attendant circumstance. It may raise the standard of care rather than lower it.

Now the part that turns on your accident date. For accidents on or after March 24, 2023, § 768.81(2) provides that in a negligence action "contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant's contributory fault, but does not bar recovery, subject to subsection (6)," and § 768.81(6) bars recovery altogether for any party found to be greater than 50 percent at fault for his or her own harm. So under the current rule, a share of fault at or below half reduces what you recover; above half, it ends the claim.

For accidents before March 24, 2023, the rule was different in a way that matters to a rider who may share fault. Section 768.81(2) then provided that contributory fault "diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant's contributory fault, but does not bar recovery." There was no percentage cliff at all. Which governs your crash depends on its date and on questions this page cannot settle. Take that to a lawyer.

Two practical points. First, medical coverage. Section 627.736(1) requires personal injury protection for the named insured, resident relatives, people operating the insured vehicle, passengers, "and other persons struck by the motor vehicle and suffering bodily injury while not an occupant of a self-propelled vehicle," to a limit of $10,000 in medical and disability benefits. Whether that reaches you as a cyclist, and whose policy pays, is a question for a lawyer. Either way, § 627.736(1)(a) conditions PIP medical benefits on the injured person receiving "initial services and care pursuant to subparagraph 1. within 14 days after the motor vehicle accident." Do not let that window pass while you sort out coverage.

Second, not getting his number is less fatal than it feels — if the crash was reported. Section 316.066(1)(b) requires a long-form crash report to name the parties, the vehicles, the witnesses, and the insurance companies for the respective parties, and § 316.066(2)(b) allows such reports to be made immediately available to the parties involved and their legal representatives.

What you can do

1. Get medical care now if you have not. Under § 627.736(1)(a), PIP medical benefits require initial services and care within 14 days of the crash.

2. Request a copy of the crash report from the law enforcement agency that responded, and ask for it as a party to the crash.

3. Photograph the intersection, including where the truck was parked and what a driver on his approach could actually see.

4. Write down what you remember while it is fresh, and keep your damaged bike, helmet and clothing exactly as they are.

5. Ask a local lawyer which comparative-fault rule applies to your accident date, and whether any policy in your household provides coverage for you as a cyclist.

6. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts with someone who can ask you questions is worth more than any general guidance, including this page.

⏱ Time limits apply. A claim from a crash is a negligence claim, and in Florida the deadline depends on the date of the accident. For accidents on or after March 24, 2023, Fla. Stat. § 95.11(5)(a) allows two years for an action founded on negligence. For accidents before that date, the former four-year period under § 95.11 applied. Which one covers you turns on when the crash happened, and other facts can change the answer. Have a Florida attorney read the dates on your file before you rely on any of this. This page does not calculate your deadline.