Andrea McMillan, An Avid Runner, Understands The Hazards Facing Cyclists On The Road
As an avid runner, Andrea McMillan is often logging miles on Palm Beach County roads, where she sees, greets, and is often greeted by, competitive and recreational cyclists. Like many cyclists, she feels the exhilaration of enjoying the beautiful outdoors, while digging deep athletically, especially on roads like A1A.
Unfortunately, for all the joy that cyclists feel while on the road, they also face hazards that can seriously injure or kill them, especially in Florida. Because cyclists are exposed and–like runners– don’t have seatbelts or a shield to protect them, as vehicle occupants do, cyclists involved in accidents are often catastrophically injured, or even killed. According to the Centers for Disease Control and Prevention (“CDC”), in 2015, over 1,000 bicyclists died, and over 467,000 bicycle-related injuries were suffered.
Andrea McMillan knows, firsthand, the many dangers cyclists face, because she is regularly out there with them. She sees the dangers that drivers present to cyclists, and, while on foot, closely sees the many hazardous road conditions that can seriously injure cyclists.
Andrea McMillan “gets it.” She has special empathy and compassion for bicycle accident victims. She fights hard to help them restore their lives, and get them the compensation they deserve for their injuries and losses.
Common Causes of Florida Bicycle Accidents
Some Common Causes of Bicycle Accidents Are:
- Drivers who use bike lanes as if they were for the benefit of vehicles;
- Impatient drivers who think that the road belongs exclusively to vehicles;
- Drivers who fail to yield the right-of-way;
- Drivers or passengers who cause “dooring”(opening a vehicle door into the path of an oncoming cyclist, without first verifying that it was reasonably safe to do so);
- Drivers who cut cyclists off without a second thought.
- Distracted drivers who weave into bike lanes;
- Drivers exiting a driveway without stopping before cyclists pass the driveway;
- Distracted drivers texting, talking on the phone, or otherwise using their phones, such that they fail to notice cyclists on the road;
- Speeding drivers;
- Drivers who disregard stop signs and traffic lights;
- Careless, inattentive, or distracted drivers;
- Car, bus, or truck drivers passing too closely;
- Drunk or impaired drivers;
- Drivers hitting a cyclist riding on the sidewalk;
- Drivers who turn right on red, right into the path of a cyclist;
- Drivers who resent cyclists and may intentionally pass within inches to intimidate them
- Potholes, broken pavement, construction debris, and other dangerous road conditions that cause a cyclist to lose control of his/her bike
The Florida Motor Vehicle No-Fault Law Requires That You Report The Bicycle Accident, In Order to Collect No-Fault (“PIP”) Benefits
A cyclist injured in an accident should immediately report it to his/her auto insurance company, to be eligible to collect Florida’s Motor Vehicle “No Fault” (“PIP’) benefits. This is because a person’s PIP insurance coverage travels with him/her, meaning that it will cover injuries and losses stemming from that person’s bicycle accident. PIP benefits are available, regardless of who was at fault for the accident. However, an injured person seeking PIP benefits must meet certain requirements, including important deadlines. Palm Beach County bicycle accident lawyer, Andrea McMillan, will make sure you meet those deadlines.
Injuries Commonly Suffered In Bicycle Accidents
Most people carry $10,000 in PIP coverage, which is what the State of Florida requires. Some people, though not many, choose to carry more. Many cyclists suffer very serious physical injuries and losses, such as:
- traumatic brain injuries;
- fractures and dislocations;
- punctured lungs;
- abdominal injuries, such as bowel contusions and ruptures;
In addition, injured cyclists often suffer other losses and damages, such as:
- Pain and suffering;
- Emotion distress;
- Past and future medical bills and treatment costs;
- Lost income/lost wages
How Much PIP Is Available, and What Will It Pay For?
Most people carry $10,000 in PIP coverage, which is what the State of Florida requires. Some people, though not many, choose to carry more. Many cyclists suffer very serious physical injuries and losses, such as:
- Past and future medical bills and treatment costs
- Lost income/lost wages
- Pain and suffering damages
- Emotional distress damages
Unfortunately, PIP usually only covers a limited amount of damages. Nonetheless, the injured person should promptly seek PIP benefits.
PIP will pay:
- 80% of reasonable medical expenses including doctor visits, surgery, X-rays, dental, rehabilitative services, and medically necessary ambulance, hospital, and nursing services;
- 60% of lost wages;
- Replacement services like babysitting or lawn care, that the cyclist may be unable to no longer do because of his/her injuries
Unfortunately, PIP only provides limited coverage, and is often inadequate to cover all of an injured cyclist’s injuries and losses. Nonetheless, an injured cyclist seeking compensation in Florida must first apply for available PIP benefits, before seeking any other insurance benefits.
Medical Payments Coverage (“Med Pay”)
Medical Payments coverage is optional, so it will be available only if it was purchased. Med Pay covers reasonable medical expenses and funeral expenses not covered by Personal Injury Protection (“PIP”). Some people purchase Med Pay coverage to pay the 20 percent of medical expenses not covered under PIP, or to pay a PIP deductible, if one was chosen.
Who Does Med Pay Cover?
Med Pay coverage applies to:
- The named insured person;
- Resident relatives of the named insured person; and
- Passengers in the insured vehicle
Med Pay coverage follows:
- The named insured person; and
- The named insured person’s resident relatives
- While in any car; or
- As a pedestrian or bicyclist.
What If An injured Cyclist Has No Auto Insurance?
In the event an injured cyclist does not own an operable vehicle (and, therefore, has no PIP auto insurance), then the injured cyclist may apply for PIP benefits under an auto policy owned by a relative residing in the cyclist’s household.
In the event an injured cyclist does not own an operable vehicle (no PIP insurance) and has no resident relative with PIP insurance, then the injured cyclist may seek PIP benefits from the policy of the driver involved in the accident.
Auto-Related Injury Victims, Including Cyclists, Must Obtain Treatment Within A 14-Day Window, To Be Eligible for PIP Benefits
Section 627.736(1)(a), Florida Statutes states that to be eligible to receive PIP benefits, a bicycle accident victim must receive treatment for his/her accident-related injuries from an authorized healthcare provider within 14 days after the accident. Receiving treatment within that 14-day window makes the injured eligible to receive at least $2,500 in PIP benefits. An accident victim who does not receive treatment within 14 days of the accident will be denied PIP benefits. That is why it is important to promptly seek medical care after an accident.
What Type of Healthcare Provider Should An injured Person Seek Treatment From Within The Fourteen-Day Window?
Section 627.736(1)(a)(1), Florida Statutes states that within the 14-day window, the injured person must receive treatment from one of the following types of healthcare providers:
- Medical Doctors (M.D.’s);
- Doctors of Osteopathic Medicine (D.O.’s);
- Dentists;
- Chiropractors;
- Hospitals;
- Medical Emergency Personnel (including EMT’s and Paramedics)
An Injured Cyclist Who Treats Within The 14-Day Window Must Also Suffer From An “Emergency Medical Condition,” In Order To Be Eligible For More Than $2,500 In PIP Benefits
Because Florida requires owners of operable vehicles to carry at least $10,000 in PIP benefits, that is the amount that most people carry. A small percentage of people choose to carry more than $10,000.
However, regardless of the amount of available PIP coverage, it is important to note that an injured cyclist who treats within the 14-day window will not be eligible to receive more than $2,500 in PIP benefits unless that cyclist’s qualified treating healthcare provider determines that, as a result of the accident, the injured cyclist sustained an “Emergency Medical Condition” “(EMC).”
What Qualifies As An “Emergency Medical Condition” Under The Florida Motor Vehicle No-Fault Law?
Section 627.732, Florida Statutes defines an “emergency medical condition” as a condition that manifests itself by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention would reasonably be expected to result in any of the following:
- Serious jeopardy to a patient’s health; or
- Impairment of a bodily function; or
- Serious dysfunction of a bodily organ or part
When Does Florida Law Require An “Emergency Medical Determination” To Be Made
Florida law does not specify when an emergency medical condition determination must be made. Therefore, an EMC may be made more than 14 days after the accident. However, the determination should be made at some point prior to the injured person’s seeking more than $2,500 in PIP benefits. The qualified healthcare provider usually makes the determination by writing it in the injured person’s medical record.
What Type Of Healthcare Provider Is Authorized to Make An EMC Determination, Under Florida Law
Section 627.736 (1)(a)(3)-(4), Florida Statutes, states that “emergency medical condition” determinations may be made by the following types of healthcare providers:
- Medical Doctors (M.D.’s);
- Doctors of Osteopathic Medicine (D.O.’s);
- Dentists;
- Physician’s Assistants;
- Advanced Registered Nurse Practitioners.
It is important to note that the law does not permit chiropractors to render “emergency medical condition” determinations. However, a chiropractor is permitted to render an opinion that a person did not sustain an EMC as a result of the accident.
The Bottom Line Is That You Should Hire An Experienced Bicycle Accident Lawyer To Assist You
The myriad rules and requirements of Florida’s No-fault Insurance system are complex, and can be very confusing for injured cyclists. As a result, they can be denied benefits simply because they did not know or understand the rules, deadlines, and technical requirements.
It is essential to contact an experienced Palm Beach County bicycle accident attorney after being involved in a bike crash caused by someone else. Time is not on your side. If you miss the 14-day deadline, you may permanently forfeit your legal rights to valuable, medical, wage, and expense benefits available under Florida’s no-fault system.
Property Damage Liability (“PDL”) Coverage Is Also Available to An Injured Cyclist:
In addition to seeking PIP benefits, a cyclist injured by an at-fault driver can also pursue the driver’s property damage liability (PDL) insurance. That coverage will pay for the cyclist’s property damaged in the accident, such as a bike or cellphone. The State of Florida requires all drivers to carry PDL coverage.
Other Insurance Coverage That May Be Available To An Injured Cyclist
Bodily Injury (BI) Coverage
An injured cyclist may also be able to recover from the at-fault driver’s bodily injury (BI) coverage, if the driver carried that coverage at the time of the accident. Bodily Injury insurance pays when the insured vehicle causes bodily injury or death. The State of Florida does not require vehicle owners or drivers to carry BI coverage, so many vehicle operators do not carry it.
In order to recover benefits from the at-fault driver’s BI coverage, the injured cyclist must prove that the driver was negligent, and that the negligence caused the cyclist’s injuries. In addition, the injured cyclist must have suffered a serious, permanent injury, such as:
- Significant scarring;
- Disfigurement; or
- Loss of a bodily function
When a loved one died as a result of the bicycle accident, surviving family members may file a claim or lawsuit for wrongful death. (See “Wrongful Death” on this website).
Uninsured, Underinsured Motorist (“UM”) Coverage
Another potential source of coverage for an injured cyclist is Uninsured/ Underinsured Motorist coverage, collectively referred to as (“UM”). UM coverage is not mandatory in Florida, so not everyone carries it. However, it is extremely valuable coverage to have, because it allows you to seek benefits from your own UM coverage, in the event there is little or no bodily injury coverage available from an involved driver.
UM Coverage Applies When:
- An at-fault motorist has no liability (bodily injury) insurance; or
- An at-fault motorist has insufficient liability (bodily injury) insurance; or
- In a hit-and-run accident or other situation where the at-fault driver cannot be identified.
The most common scenario is for UM to pay the insureds for injuries sustained as a result of a negligent driver—when that negligent driver either does not have any bodily injury coverage, or has insufficient bodily injury coverage.
Who Does UM Cover?
In addition to the policy holder, standard UM policies generally cover the spouse and any relatives who live with the policyholder. UM coverage also typically extends to passengers of the automobile at the time of the accident.
UM insurance follows the insured individuals, not the car. This means UM covers all insureds, whether they are riding in your car, riding in another person’s car, are pedestrians or are riding a bicycle and are hit by a car. UM also covers insureds in a hit-and run accident.
What Does UM Cover?
UM Insurance pays for medical bills and income loss, beyond what PIP covered. It also pays for pain and suffering, bodily injury, sickness, disease or death resulting from a motor vehicle accident that you and/or your passengers and family members sustain.
All insurance companies are required to offer UM insurance coverage to consumers, as part of their product line. Florida drivers are required to sign a statement declining UM coverage to show they elected not to include UM coverage in their policy.
What Happens If The At-Fault Driver Lacks BI Coverage, And You Lack UM Coverage?
If you do not have UM, and the other driver has no bodily injury insurance, no matter how badly you are injured, you will not be able to recover anything from an insurance company, other than the initial PIP coverage for medical expenses and lost wages — i.e., no pain and suffering, emotional damages, loss of quality of life and other non-economic damages. In that situation, you have the right to seek a judgment against the at-fault driver for damages you have suffered due to their negligence. This means going after the responsible party’s personal assets, if there are any such collectible assets.
What If You Are Partially Responsible for the Bicycle Accident?
The opposing side in your bicycle accident case may claim that you are partly responsible for your injuries. Like car and truck drivers, cyclists have a duty to use reasonable care on the road to ensure their own safety and that of others. If, for example, a cyclist ignores a traffic signal or sign, and is then struck by a vehicle, the driver could argue that the cyclist is comparatively negligent (partly at fault).
Comparative negligence, however, does not prevent a bike accident victim from recovering damages. Florida allows an accident victim to seek compensation for his/her even if the accident victim was partially at fault. This means you will still be able to recover damages. However, the amount of money you can recover will be reduced in proportion to your degree of fault (by a percentage). For example, this means that if you were found to be 30% at fault for causing your bicycle accident, then your damage award would be reduced by 30%. This would be defined as your proportion of fault, or “comparative negligence.”
Your Rights and Duties as a Florida Cyclist: Rules of The Road
Generally, cyclists and other operators of human-powered vehicles on Florida roads have the same rights and must follow the same basic rules of the road that motorized vehicles must follow, including signaling, obeying traffic signs and lights and riding in the proper lanes. You may access a summary of Florida Bicycle Law, using this link https://floridabicycle.org to the Florida Bicycle Association.
We Get It. We Are On Your Side And Will Help You Pick Up The Pieces.
If you were hurt or if someone in your family was killed in a bicycle accident, call Palm Beach County bicycle accident attorney, Andrea McMillan with the Law Offices of Andrea D. McMillan, PA at (561) 612-5700, or contact us online for a free consultation. Andrea McMillan, a fellow road warrior, understands and cares about cyclists, and will do everything the law allows to ensure that you get a full and adequate recovery that will compensate you for all your losses.