Driver Duties After Striking a Cyclist on a Right Turn

Attorney Answer

Do not treat this as finished because he rode away. A crash involving an injured person can carry duties that outlast the moment, and this is one to take to a Florida criminal defense attorney before you talk to anyone else about it.

The first is a set of duties Florida places on a driver in a crash. Fla. Stat. § 316.062 requires a driver involved in a crash resulting in injury to a person, or damage to a vehicle or property attended by anyone, to give their name, address and vehicle registration number, to show a license on request, and to render reasonable assistance to anyone injured. Two criminal statutes enforce that duty by requiring the driver to stop and remain until it is met: § 316.061(1) makes it a second-degree misdemeanor where only property was damaged, and § 316.027(2)(a) makes it a third-degree felony where someone other than the driver was injured, with heavier grades for serious bodily injury and death. A separate obligation, Fla. Stat. § 316.065(1), requires immediate notice to law enforcement when a crash causes injury or apparent damage of at least $2,000; a violation of that subsection is a noncriminal traffic infraction rather than a crime.

How those apply where the other person left before an exchange was possible is a very different question from a driver who drove away — but it is not one to answer on your own, or to resolve by phoning someone and explaining yourself. That is why the first step below is a lawyer rather than a report.

The second thing is civil exposure. A right turn on a red signal is permitted only after stopping, and only when the way is clear of people and traffic lawfully in the intersection. Where a signal is in place, Fla. Stat. § 316.130(7)(a) requires a driver at the intersection to stop before the crosswalk and remain stopped for a pedestrian crossing with a permitted signal. Whether a person riding a bicycle has a pedestrian's right of way in a particular crossing depends on where he was riding, which is governed by rules outside this page. If he later reports an injury, his claim runs against your liability coverage — and Florida's floor is low. Fla. Stat. § 324.022(1) provides that "Every owner or operator of a motor vehicle required to be registered in this state shall establish and maintain the ability to respond in damages for liability on account of accidents arising out of the use of the motor vehicle in the amount of $10,000 because of damage to, or destruction of, property of others in any one crash." Property damage, not bodily injury: exposure above your policy is a real possibility. His own conduct would reduce, not erase, a recovery. For accidents before March 24, 2023, Fla. Stat. § 768.81(2) provided: "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." The Legislature changed that rule in 2023 for later accidents, and which version governs an older crash is a lawyer's question.

What you can do

1. Talk to a Florida criminal defense attorney before you contact law enforcement, the cyclist, or any insurer about how this happened. Reporting duties may apply, and how to meet them is a decision to make with a lawyer, quickly.

2. Do not write out your own account of the crash, and do not post about it anywhere.

3. Preserve what already exists and change nothing: dashcam footage, your phone, and your vehicle in its current condition. Photograph any damage rather than repairing it.

4. Tell that lawyer what you remember — when and where it happened, and whether anyone stopped or watched. What you tell your own attorney is protected; what you write down for anyone else is not.

5. Ask that lawyer how and when to give your insurer the notice your policy requires.

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

⏱ Time limits apply. The clock that matters most is how fast you get advice, and it is measured in days. On the civil side, Fla. Stat. § 95.11 sets the deadline for a claim against you, keyed to the accident date: for an accident before March 24, 2023 the former four-year period applied to a negligence claim, and the Legislature shortened it to two years in 2023 for later accidents. Which version reaches an older crash is a lawyer's question. Do not compute any date yourself, and speak to a Florida attorney now.