Bicycle Accident
Registered User
Joined: Jun 2003
Posts: 4,358
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From: It's a secret!
Wow - looks pretty painful. Glad you're ok (relatively speaking). I know that Ztec has a good friend who's an attorney. That guy could probably recommend someone in your locale since you're not too far from Orange County.
By the way, I love the avatar pic of the cat!
By the way, I love the avatar pic of the cat!
Joined: Jul 2003
Posts: 4,526
Likes: 5
From: Hurricane City, FL
Here are the relevant FL statutes:
MOTOR VEHICLES Chapter 316
STATE UNIFORM TRAFFIC CONTROL View Entire Chapter
316.125 Vehicle entering highway from private road or driveway or emerging from alley, driveway or building.--
(1) The driver of a vehicle about to enter or cross a highway from an alley, building, private road or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered which are so close thereto as to constitute an immediate hazard.
(2) The driver of a vehicle emerging from an alley, building, private road or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon and shall yield to all vehicles and pedestrians which are so close thereto as to constitute an immediate hazard.
(3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.--s. 1, ch. 71-135; s. 121, ch. 99-248.
316.1985 Limitations on backing.--
(1) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.
(2) The driver of a vehicle shall not back the same upon any shoulder or roadway of any limited access facility.
(3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 149, ch. 99-248.
316.154 Starting parked vehicle.--No person shall start a vehicle which is stopped, standing, or parked, unless and until such movement can be made with reasonable safety. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
As to bicycle resonsibility under 316.2065
(5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:......
Looks to me like the person that hit you was in violation of AT LEAST 3 seperate traffic laws and you were obeying the laws that applied to you. As a fellow cyclist, unsafe backing is a personal pet peeve of mine I got hit 4 years ago by a woman in my neighborhood who not only backed out into me but kept right on backing up over me and my bike while talking on her cell phone. She didn't stop her Ford until she had rolled over me with BOTH driver side wheels. I was wearing an orange reflective taped vest at the time.
Definitely consult a lawyer.
The driver of the car was in violation of the law (3 TIMES!!!) and you were obeying the law. They need to pay for all of your uncovered medical expenses and your bike.
MOTOR VEHICLES Chapter 316
STATE UNIFORM TRAFFIC CONTROL View Entire Chapter
316.125 Vehicle entering highway from private road or driveway or emerging from alley, driveway or building.--
(1) The driver of a vehicle about to enter or cross a highway from an alley, building, private road or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered which are so close thereto as to constitute an immediate hazard.
(2) The driver of a vehicle emerging from an alley, building, private road or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon and shall yield to all vehicles and pedestrians which are so close thereto as to constitute an immediate hazard.
(3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.--s. 1, ch. 71-135; s. 121, ch. 99-248.
316.1985 Limitations on backing.--
(1) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.
(2) The driver of a vehicle shall not back the same upon any shoulder or roadway of any limited access facility.
(3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 149, ch. 99-248.
316.154 Starting parked vehicle.--No person shall start a vehicle which is stopped, standing, or parked, unless and until such movement can be made with reasonable safety. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
As to bicycle resonsibility under 316.2065
(5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:......
Looks to me like the person that hit you was in violation of AT LEAST 3 seperate traffic laws and you were obeying the laws that applied to you. As a fellow cyclist, unsafe backing is a personal pet peeve of mine I got hit 4 years ago by a woman in my neighborhood who not only backed out into me but kept right on backing up over me and my bike while talking on her cell phone. She didn't stop her Ford until she had rolled over me with BOTH driver side wheels. I was wearing an orange reflective taped vest at the time.
Definitely consult a lawyer.
The driver of the car was in violation of the law (3 TIMES!!!) and you were obeying the law. They need to pay for all of your uncovered medical expenses and your bike.
Thread Starter
Joined: Jul 2005
Posts: 581
Likes: 9
From: Saint Cloud, Florida
Thanks for all of your replies and comments. I was just getting some exercise and truly did not see the car backup until it was to late. I also look ahead when I ride and never saw any movement until it was to late. If the car was parked in the driveway ahead of the side walk it would have given me time to react but being parked flush with the street I never saw it coming. Just a bad deal all around, if I would have started the ride a split second sooner or later this never would have happed. But if it's and buts were candy and nuts....
Registered User
Joined: Jun 2007
Posts: 6,040
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From: Winter Springs, Fl.
I am a trial lawyer, but I do not do personal injury cases. I also ride about 4500 to 6000 miles a year on average so I know your pain. Give me a P.M., and I will get some names for you when I am in the office on Monday.
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Joined: Nov 2002
Posts: 6,896
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Sue if you want or approach the driver and just ask for what you want. A new bike and a helmet, whatever.
A lawyer will tell you not to contact them but it doesn't sound like you want too much out of this. It would be better than dragging both parties into court.
If I was the driver I would want to settle rather than go to court. Keep the lawyers out of it if you can.
A lawyer will tell you not to contact them but it doesn't sound like you want too much out of this. It would be better than dragging both parties into court.
If I was the driver I would want to settle rather than go to court. Keep the lawyers out of it if you can.
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Joined: Feb 2007
Posts: 1,341
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puddydad...
ur looking at it as a car/bicycle accident which may be clouding ur vision of it, im not saying this is what u think, but most people that think the way ur talking think of bikes as a nusence in their way.
the law is bikes have to follow all the same laws and have the same rights as cars. this means u can get a speeding ticket on a bike, or a ticket for going too slow where theres a minimum speed posted. bikes have to stop at stop signs and follow traffic lights. this also means bikes are not allowed on sidewalks (except for posted bike trails). only problem is most the cops dont even know the law, let alone the general public.
so 2 vehicles (one man powered) are on a road and one backs into the other, its the person that was backing up 100% of the time every time. its not ok to simply look before and then stop looking while u back up, and its not ok to see the bike coming and think of it as anything less than a car and decide to go neways. and if the cyclist is hit he has all the same rights as the driver of a car would, even the right to sue if they decide to (im not saying or implying aviation does). im not a lawyer but i raced bikes through out the state during all of my teen years and worked at a bike shop for 5+ years so ive seen plenty of this stuff go down... even a good friend of mine had his handle bars hit by a driver of an suv making an illegal pass cuz they were "in a hurry to get home"... chased him down and got his plates... he was charged with a hit and run... especially since he took off when he saw us trying to catch up to him.
ur looking at it as a car/bicycle accident which may be clouding ur vision of it, im not saying this is what u think, but most people that think the way ur talking think of bikes as a nusence in their way.
the law is bikes have to follow all the same laws and have the same rights as cars. this means u can get a speeding ticket on a bike, or a ticket for going too slow where theres a minimum speed posted. bikes have to stop at stop signs and follow traffic lights. this also means bikes are not allowed on sidewalks (except for posted bike trails). only problem is most the cops dont even know the law, let alone the general public.
so 2 vehicles (one man powered) are on a road and one backs into the other, its the person that was backing up 100% of the time every time. its not ok to simply look before and then stop looking while u back up, and its not ok to see the bike coming and think of it as anything less than a car and decide to go neways. and if the cyclist is hit he has all the same rights as the driver of a car would, even the right to sue if they decide to (im not saying or implying aviation does). im not a lawyer but i raced bikes through out the state during all of my teen years and worked at a bike shop for 5+ years so ive seen plenty of this stuff go down... even a good friend of mine had his handle bars hit by a driver of an suv making an illegal pass cuz they were "in a hurry to get home"... chased him down and got his plates... he was charged with a hit and run... especially since he took off when he saw us trying to catch up to him.
Joined: Jul 2003
Posts: 4,526
Likes: 5
From: Hurricane City, FL
Avionics, you want to be very wary of any symptoms of closed head injury.
ER's are a lot better about filling people in on these things now then they were back when I was a neurosci major, but it can sort of be the luck of the draw on who treats you.
Seek medical help from a specialist if you experience any of the following.
Loss of consciousness, confusion, or drowsiness
Low breathing rate or drop in blood pressure
Convulsions
Fracture in the skull or face, facial bruising, swelling at the site of the injury, or scalp wound
Fluid drainage from nose, mouth, or ears (may be clear or bloody)
Severe headache
Initial improvement followed by worsening symptoms
Irritability (especially in children), personality changes, or unusual behavior
Restlessness, clumsiness, lack of coordination
Slurred speech or blurred vision
Inability to move one or more limbs
Stiff neck or vomiting
Pupil changes
Inability to hear, see, taste, or smell (or odd variations of the former)
Good Luck,
Mike
ER's are a lot better about filling people in on these things now then they were back when I was a neurosci major, but it can sort of be the luck of the draw on who treats you.
Seek medical help from a specialist if you experience any of the following.
Loss of consciousness, confusion, or drowsiness
Low breathing rate or drop in blood pressure
Convulsions
Fracture in the skull or face, facial bruising, swelling at the site of the injury, or scalp wound
Fluid drainage from nose, mouth, or ears (may be clear or bloody)
Severe headache
Initial improvement followed by worsening symptoms
Irritability (especially in children), personality changes, or unusual behavior
Restlessness, clumsiness, lack of coordination
Slurred speech or blurred vision
Inability to move one or more limbs
Stiff neck or vomiting
Pupil changes
Inability to hear, see, taste, or smell (or odd variations of the former)
Good Luck,
Mike
Registered User
Joined: Dec 2002
Posts: 2,740
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I would have to side with Puddy here. I am sickened personally with frivolous lawsuits just to make a buck. I'm sure nobody intended a collision and I'm glad you're O.K. without any permanent injuries. I'm sure the insurance company will reimburse you for a bike and cover all medical bills in good will even though Florida will soon do away with no fault insurance (PIP) Just chalk it up to an accident no matter who may have been at fault ( probably a little of both). I pray for your speedy and full recovery as we all know how wipeouts feel......extra sucky!!!