You were doing everything right. Then a driver wasn't paying attention, and now you're dealing with injuries, medical bills, and an insurance company that isn't on your side.
Our bicycle accident lawyers in West Palm Beach represent injured cyclists throughout Palm Beach County. Rosenthal, Levy, Simon & Sosa has recovered more than $500 million for Florida injury clients in more than 40 years of practice. We know how bicycle accident claims work under Florida law, and we know how to build a case that holds drivers accountable.
If you were hurt in a bicycle accident, call (561) 478-2500 for a free case review. We are available 24/7 and there is no fee unless we win.
Do You Need a Lawyer After a Bicycle Accident in West Palm Beach?
Yes, and especially when you are seriously injured. A bicycle accident claim involves multiple insurance sources, disputed liability, and a driver's insurer whose job is to minimize what they pay you.
An attorney investigates the accident, identifies every available insurance source, handles all communication with the insurer, and builds the liability case before evidence disappears. In cases where the driver disputes fault or was uninsured, representation is the difference between a fair recovery and no recovery.
The consultation is free. You pay nothing unless we win your case.
Call (561) 478-2500 to speak with a West Palm Beach bicycle accident attorney today.
How Does Florida Law Protect Cyclists After an Accident?
Florida treats bicycles as legal vehicles. Cyclists have the same right to travel on public roads as motor vehicle drivers, and drivers owe cyclists the same duty of care they owe other road users.
The Three-Foot Passing Rule
Under Florida Statute 316.083, motor vehicle drivers must leave at least three feet of clearance when passing a cyclist. A driver who passes closer than that and strikes a rider has committed a clear statutory violation, which is direct evidence of negligence in a personal injury claim.
Does Florida PIP Insurance Cover Bicycle Accident Injuries?
This question trips up many injured cyclists, and the answer matters. Florida's Personal Injury Protection insurance, known as PIP, is attached to motor vehicle policies. The driver who hit you cannot use their PIP to cover your injuries.
If you own a car in Florida with PIP coverage on your policy, that coverage follows you as a cyclist. It pays up to $10,000 toward your medical bills and lost wages, regardless of fault. You must seek treatment within 14 days of the accident to remain eligible.
If you do not own a car or carry PIP, your path to compensation runs through the at-fault driver's liability insurance policy.
Call (561) 478-2500 and we will identify exactly which coverage applies to your situation.
Who Is at Fault When a Car Hits a Cyclist in West Palm Beach?
Fault follows the rules of the road. The driver is typically responsible when they violated a traffic law, failed to watch for cyclists, or ignored a cyclist's right to the road. Florida's modified comparative fault rule also allows fault to be shared between the cyclist and the driver.
Common Driver Errors That Cause Bicycle Accidents
Drivers are typically at fault in bicycle accidents when they run a red light or stop sign, turn without yielding to a cyclist in their path, open a car door into a cyclist (known as a dooring accident), cross into or drive in a designated bike lane, pass closer than three feet, or are distracted by a phone or impaired by alcohol.
What If I Was Partially at Fault for the Accident?
Florida's modified comparative fault system, updated by HB 837 in 2023, allows you to recover compensation as long as your share of fault does not exceed 50%. Your recovery is reduced by your percentage of fault.
If your damages total $80,000 and a jury finds you were 25% at fault, you recover $60,000. If you are found to be 51% or more at fault, Florida law bars recovery entirely.
Compensation Available in a Florida Bicycle Accident Claim
Injured cyclists can pursue two categories of compensation: economic damages for measurable financial losses, and non-economic damages for the human impact of the injury.
Economic damages include all medical expenses, both past and future, lost wages during recovery, reduced future earning capacity if the injury limits your ability to work, and the cost of repairing or replacing your bicycle.
Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of activities you can no longer participate in because of the injury.
For serious or permanent injuries, non-economic damages frequently represent a significant share of the total recovery. Rosenthal, Levy, Simon & Sosa evaluates the full scope of your damages before any settlement discussions begin.
How Long Do You Have to File a Bicycle Accident Lawsuit in Florida?
Two years. Under Florida Statute 95.11(3)(a), personal injury claims in Florida must be filed within two years of the date of the accident.
Missing that deadline permanently extinguishes your right to sue, regardless of how strong the case is.
The earlier you involve an attorney, the more evidence can be preserved. Surveillance footage overwrites, witnesses become harder to reach, and physical evidence at the scene changes quickly after a crash.
What to Do After a Bicycle Accident in West Palm Beach
The steps you take immediately after the bicycle accident directly affect your ability to recover compensation.
Call the police. A police report documents the accident, identifies the driver, records the officer's observations, and establishes an official record. Always get the report number before you leave.
Get medical attention the same day. Some injuries, including concussions and internal trauma, do not present symptoms immediately. A same-day medical visit creates a record that links your injuries to the accident. It also preserves your PIP eligibility under Florida's 14-day rule.
Document the scene. Photograph both vehicles, the road, any bike lane markings, traffic signals, debris, and your injuries. Get the names and numbers of any witnesses who stopped.
Do not speak to the driver's insurance company. Their adjuster will call. Their goal is to limit your claim. Speak with an attorney before giving any recorded statement.
Ask Rosenthal Levy
Q: Can I still file a claim if I wasn't wearing a helmet when the accident happened?
A: Yes. Florida's helmet law only applies to cyclists under 16. Adult cyclists have the same legal rights with or without a helmet. The defense may argue that a helmet would have reduced your injuries, but an attorney can counter that with expert analysis specific to your actual injuries and the mechanics of the crash.
Q: What if the driver who hit me drove away or didn't have insurance?
A: You still have options. If you carry uninsured motorist coverage, known as UM, or underinsured motorist coverage, known as UIM, on your own auto policy, it can extend to bicycle accidents involving an uninsured or hit-and-run driver. An attorney reviews every available policy to identify all sources of compensation before advising you on how to proceed.
Q: How long does a bicycle accident case take to resolve in West Palm Beach?
A: Most cases settle within several months to a year or two, depending on the severity of injuries and whether liability is disputed. Cases that proceed to litigation in Palm Beach County's 15th Judicial Circuit take longer. The firm does not push clients to settle before the full extent of their injuries and damages is known.
Q: Do I have to pay anything to hire a bicycle accident lawyer in West Palm Beach?
A: No. Rosenthal, Levy, Simon & Sosa handles bicycle accident cases on a contingency fee basis, meaning you pay no attorney's fees unless we recover compensation for you. The initial case review is completely free, there is no obligation to retain the firm, and there are no upfront costs of any kind.
Serving West Palm Beach, Palm Beach County, and the Treasure Coast
Rosenthal, Levy, Simon & Sosa has represented injury victims in South Florida and on the Treasure Coast for more than 40 years. Our West Palm Beach office handles cases in Palm Beach County courts, and our attorneys understand the roads, the routes, and the conditions that make cycling dangerous in this area.
We serve cyclists across Palm Beach County, including West Palm Beach, Lake Worth, Boynton Beach, Greenacres, Royal Palm Beach, and Westlake. Injured cyclists in St. Lucie County can reach us through our Port St. Lucie office.
Our attorneys and staff are bilingual. We represent English and Spanish-speaking clients with the same level of attention and care.
$500 million recovered. 40 years in South Florida. No fee unless we win.
Call (561) 478-2500 or (866) 640-7117. Available 24/7. Se habla español.
Frequently Asked Questions About West Palm Beach Bicycle Accident Claims
Can I sue the City of West Palm Beach if a road defect caused my bicycle accident?
Yes, in some cases. When a pothole, a broken bike lane, a missing curb cut, or another road hazard caused or contributed to your accident, a government entity may bear responsibility. Claims against Florida government entities have shorter notice deadlines and follow different procedures than standard personal injury claims.
My bicycle accident injuries seemed minor at first but got worse. Can I still pursue a claim?
Yes. Many bicycle accident injuries, including soft tissue damage, nerve injuries, and concussions, develop or worsen in the days following an accident. You are not locked into the first assessment of your injuries. An attorney builds your claim to reflect the full scope of your condition, including injuries that emerged or worsened after the initial evaluation.
What if the driver claims I rode into them?
The driver's version of events is the starting point for their insurance company's defense, not the final word on what happened. Physical evidence, the position of the damage on both vehicles, tire marks, traffic cameras, and witness accounts establish who had the right of way. An attorney gathers and preserves that evidence immediately, before it is altered or lost.
Does the firm handle bicycle accident cases outside of West Palm Beach?
Yes. The firm serves clients throughout Palm Beach County, including Royal Palm Beach, Wellington, Lake Worth Beach, Greenacres, and the growing community of Westlake. Cases in the Treasure Coast area, including Port St. Lucie and St. Lucie County, are handled through our Port St. Lucie office.
Talk to a Bicycle Accident Lawyer in West Palm Beach
Your injuries are real. Your time and income matter. And the driver who hurt you has an insurance company working to limit what they pay.
You should have the same level of representation on your side.
Rosenthal, Levy, Simon & Sosa offers free case reviews with no obligation. Call us, tell us what happened, and we will tell you exactly what your options are.
Free case review. No fee unless we win. Available 24/7.
Call (561) 478-2500 or (866) 640-7117.
Se habla español.
West Palm Beach Personal Injury Lawyers | Port St. Lucie Bicycle Accident Lawyers | West Palm Beach Car Accident Lawyers