Part 1 of 5: The Result, and Why It Was Never Guaranteed
A man riding his bicycle on a Tampa Bay-area road was struck by a van owned by a commercial service company and driven by one of its employees. His injuries were catastrophic and life-altering. From the beginning, the defense’s position was that the crash was his fault.
We resolved that case for $500,000.
Over the next five posts, we will walk through how that happened: the law that made this case so dangerous for our client, the arguments insurers use against cyclists, what the depositions changed, and why the company that owned the van mattered as much as the person driving it. This first post covers the result and why it was hard to reach.
Why This Was a Hard Case
Most people assume that when a van hits a bicycle, the van driver is automatically at fault. Florida law does not work that way, and insurance companies know it.
Under Florida law, a bicycle is a vehicle. A cyclist has the same right to the road as a driver and the same duty to follow traffic rules. That second part gives the defense an opening. In bicycle cases, the defense usually questions where the rider was positioned, whether he was visible, whether he moved unexpectedly, and whether he could have avoided the collision.
In this case, the defense pressed those arguments hard. Their position was that fault belonged mostly, or entirely, to our client.
In most states, and in Florida before 2023, that argument would have reduced the recovery without ending the case. Today, it can end the case outright.
The 51% Rule Changed the Stakes
In March 2023, Florida’s HB 837 changed the comparative negligence law for most negligence cases, including vehicle and bicycle crashes. Under section 768.81(6), Florida Statutes, an injured person who is found to be more than 50% at fault for his own injuries recovers nothing.
That turned this case into an all-or-nothing fight over percentages. If a jury had assigned our client 51% of the fault, his recovery would have been zero, no matter how severe his injuries were or how much his future care would cost. At 49%, he would recover a reduced but meaningful amount.
The defense built its case around getting past that 50% line. Ours was built around showing that the driver and the company carried the greater share of responsibility. Part 2 of this series explains the 51% rule in detail.
What Moved the Case to $500,000
A case that looks weak on paper often looks different after witnesses testify under oath. In our assessment, the sworn testimony in this case showed that the defendants bore more than 50% of the responsibility for the crash. That assessment shifted the negotiating ground.
Three things mattered most.
The first was acting quickly to preserve evidence. Commercial vehicles often carry telematics, GPS data, and dash cameras, and companies keep records on their drivers’ history and training. That evidence can disappear if nobody demands it be kept. We sent preservation demands early.
The second was naming the company, not only the driver. The claims against the employer included vicarious liability for its employee’s driving, Florida’s dangerous instrumentality doctrine as the owner of the van, and direct claims for negligent hiring, retention, supervision, and entrustment. A company’s practices and a company’s insurance coverage are often what make a meaningful recovery possible. Part 5 covers this.
The third was the depositions. The defense’s fault story depended on one version of events. Testimony under oath tested that version, and the case changed once it had been tested. Part 4 covers how that works.
A settlement is a compromise. No court or jury decided fault in this case, and the defendants did not admit liability. But $500,000 is a real recovery in a case the defense said should be worth nothing.
What This Means If You Were Hit While Riding
If you were struck by a car, truck, or work van while cycling in Florida, expect the insurance company to look for reasons to put fault on you. Under the 51% rule, those reasons are no longer only about reducing your claim. They can be about eliminating it.
That makes the early weeks after a crash especially important. Evidence needs to be preserved before it is overwritten or lost. The ownership and employment status of the other vehicle needs to be identified. Witnesses need to be located while their memories are fresh. Any statement you give the other side’s insurer can be used to build a fault argument against you.
How Licznerski Law, PLLC Handles Cases Like This
Licznerski Law, PLLC is a boutique firm. We take a selective number of personal injury cases so that each one gets direct attorney attention. You work with your attorney, not a rotating team.
We will be candid with you about the 51% rule from the first conversation. If the facts suggest real risk that you could be found more than half at fault, we will say so and explain what that means for your case. Some cases that look difficult become strong once the evidence is developed, as this one did. Some do not, and you deserve to know that early.
We represent injured people throughout the Tampa Bay area, including Hillsborough, Pinellas, Pasco, and Hernando Counties, and in communities such as Tampa, Oldsmar, Clearwater, St. Petersburg, New Port Richey, Brooksville, and Spring Hill, as well as statewide.
Frequently Asked Questions
Can I recover damages if I was partly at fault for a bicycle crash in Florida?
Yes, as long as you are found 50% at fault or less. Your recovery is reduced by your percentage of fault. If you are found more than 50% at fault, Florida law bars recovery entirely in most negligence cases.
Does the 51% rule apply to every case?
It applies to most negligence cases filed after March 24, 2023, including car, truck, and bicycle crashes. Medical negligence cases are an exception.
Can I sue the company that owns the vehicle, not just the driver?
Often, yes. An employer may be responsible for an employee’s driving while on the job, and Florida’s dangerous instrumentality doctrine can make a vehicle owner responsible for how it is used. A company may also be directly liable for negligent hiring, supervision, or entrustment.
How long do I have to file a bicycle accident lawsuit in Florida?
For most negligence claims arising after March 24, 2023, the deadline is two years from the date of the crash. Some claims have different deadlines, so speak with an attorney promptly.
What was the settlement in this case?
The case resolved for $500,000.
Disclaimer: The result described here was obtained in a specific matter based on its own facts and circumstances. Past results do not guarantee a similar outcome in any other case. Every case is different, and the outcome of any matter depends on its particular facts and the applicable law. The settlement did not include any admission of liability. This post is general information, not legal advice, and reading it does not create an attorney-client relationship.
Coming next in this series: Part 2, Florida’s 51% Rule: How Being Blamed Can Wipe Out Your Recovery.
Talk to an Attorney
If you or someone you love was injured in a bicycle crash involving a car, truck, or commercial vehicle anywhere in the Tampa Bay area, contact Licznerski Law, PLLC.
Licznerski Law, PLLC
Phone: 813-934-3519
Email: [email protected]
Web: licznerskilaw.com
Boutique Representation. Real Results. Your Attorney, Not a Case Number.