Part 3 of 5: The Arguments Behind a Defense That Blamed the Rider, and a Case That Still Settled for $500,000
In Part 1 of this series, we described a case in which a cyclist was struck by a commercial van, suffered catastrophic injuries, and was blamed by the defense for the crash. The case settled for $500,000. In Part 2, we explained Florida’s 51% rule, under which an injured person found more than 50% at fault recovers nothing.
Together, those two facts explain why insurers work so hard to put fault on cyclists. If the defense can convince a jury that the rider was mostly responsible, the claim is worth zero. This post walks through how that argument gets built and how it can be answered.
Why Cyclists Are an Easy Target
Bicycle crashes create conditions that favor the defense. They happen fast. There are often few independent witnesses. The driver walks away and gives a detailed account, while the cyclist may be hurt too badly to remember or explain what happened. In the most serious cases, the injured rider cannot give his side of the story at all.
Some jurors also bring assumptions into the courtroom about cyclists: that they ride unpredictably, ignore traffic rules, or do not belong on the road. Defense lawyers know this and build their arguments around it.
Florida Treats Bicycles as Vehicles
The starting point is Florida law. A bicycle is a vehicle under Florida’s traffic code, and section 316.2065, Florida Statutes, gives cyclists the rights and duties of drivers, along with some rules specific to bicycles.
That cuts both ways. Cyclists have a right to use the road, and drivers must share it with them. Florida law requires drivers to give cyclists at least three feet of clearance when passing. But cyclists must also follow traffic rules, and the defense will look closely for any rule it can say the rider broke.
In Florida, a violation of a traffic statute is generally evidence of negligence that a jury may consider, not automatic proof of fault. A rule violation by the cyclist does not decide the case, and neither does a violation by the driver. Both go into the jury’s overall fault assessment.
The Arguments Insurers Commonly Make
Lane position. Florida generally requires cyclists to ride as close as practicable to the right side of the road, with exceptions for passing, preparing to turn left, avoiding hazards, and lanes too narrow for a bicycle and a vehicle to travel safely side by side. Defense lawyers often argue the rider was too far into the lane. The answer usually depends on the road itself: its width, its shoulder, and what the rider was avoiding.
Visibility and lighting. Between sunset and sunrise, Florida requires bicycles to have a front white light and rear red reflector and light. When a crash happens in low light, the defense will ask whether the bicycle was properly lit and whether the rider was wearing visible clothing. Driver sightlines, streetlights, and the driver’s own attention matter just as much.
Sudden movement. A common theme is that the cyclist swerved, turned, or entered the roadway without warning, leaving the driver no time to react. Scene evidence, damage patterns, and vehicle data can test whether that account holds up.
Direction of travel. Cyclists on the road must ride with traffic. Riding against traffic is a violation the defense will emphasize.
Sidewalk and crosswalk riding. Riding on a sidewalk is allowed in many places, but a cyclist entering a driveway or crosswalk from a sidewalk may be treated differently than one riding in the road. The defense may argue the driver could not have expected the rider.
Distraction and impairment. Insurers may look for evidence that the rider was using a phone, wearing earbuds, or had been drinking. They may subpoena records to find it.
Helmets. Florida requires helmets for riders under 16, not adults. Even so, the defense may argue that a helmet would have reduced an adult rider’s injuries. Whether and how that argument can be used depends on the facts and the injuries involved.
The rider’s own words. A recorded statement given to an insurance adjuster, a comment at the scene, or a social media post can become the center of a fault argument. People often say “I didn’t see him” or “I’m sorry” out of shock or courtesy, and the defense may treat those words as an admission.
The Police Report Is Not the Final Word
Many injured people assume that if the crash report points toward them, their case is over. That is not necessarily true.
A crash report reflects what an officer saw and heard after the fact, often based heavily on the account of the person who was able to talk. Florida law makes statements given for a crash report privileged in many circumstances, and an officer’s opinion about fault is generally not what a jury uses to decide fault. The evidence developed in the case is what matters.
How These Arguments Can Be Answered
The defense’s fault story is usually strongest at the beginning, before anyone has tested it. The answer is to develop evidence the defense does not control and to test the evidence it does.
That can include scene photos and measurements showing the road width, sightlines, lighting, and where the impact happened. It can include accident reconstruction based on damage, debris, and final positions. For commercial vehicles, it can include GPS and telematics data showing speed and braking, dash camera footage, and the company’s records about the driver’s history and training. It can include nearby surveillance or doorbell cameras, which often record over their footage within days. And it can include the driver’s phone records, if distraction is a question.
Then there is sworn testimony. A driver’s account given informally to an adjuster can look very different when it is examined under oath, compared against physical evidence, and tested by specific questions. Part 4 of this series covers how that works.
How This Played Out in Our Case
In the case that settled for $500,000, the defense built its position around the idea that our client was primarily responsible for the crash. Under the 51% rule, that argument put his entire recovery at risk.
We did not accept the defense’s version as the starting point. We moved to preserve the evidence in the company’s control, and we tested the defense’s account through depositions. In our assessment, the evidence ultimately showed that the defendants bore more than 50% of the responsibility. The case then resolved for $500,000.
How Licznerski Law, PLLC Handles Cases Like This
Licznerski Law, PLLC is a boutique firm. We take a selective number of cases so that your attorney works on your case directly.
We will be honest with you about the arguments the other side is likely to make, including the ones that may have some merit. Under the 51% rule, understanding those risks early is part of building the case. When the evidence supports it, we develop the facts needed to show where responsibility belongs.
We represent injured cyclists and others 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
Are bicycles considered vehicles in Florida?
Yes. Florida’s traffic code treats bicycles as vehicles, and cyclists generally have the same rights and duties as drivers, along with rules specific to bicycles in section 316.2065, Florida Statutes.
Does a cyclist have to ride on the far right side of the road in Florida?
Generally, a cyclist must ride as close as practicable to the right side of the road, but Florida law provides exceptions, including for passing, preparing for a left turn, avoiding hazards, and lanes too narrow to share safely with a vehicle.
How much space must a driver give a cyclist when passing?
Florida law requires at least three feet of clearance.
If I broke a traffic rule while riding, can I still recover?
Possibly. A traffic violation is generally evidence of negligence, not an automatic finding of fault. The jury weighs everyone’s conduct. Under the 51% rule, you can recover as long as you are found 50% at fault or less.
Do adults have to wear a helmet while riding a bicycle in Florida?
No. Florida’s helmet requirement applies to riders under 16. The defense may still raise helmet use in some cases, depending on the injuries.
Should I give a recorded statement to the driver’s insurance company?
It is wise to speak with an attorney first. Statements given shortly after a crash are often used to build fault arguments.
Can a bicycle case still settle for a significant amount if the insurer blames the rider?
It can. In the case discussed in this series, the defense blamed our client, and the case settled for $500,000 after the evidence was developed.
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 4, How Depositions Shifted Fault Back to the Defendants.
Talk to an Attorney
If you were injured while riding and the other side is saying it was your fault, contact Licznerski Law, PLLC before you give a statement or accept that version of events.
Licznerski Law, PLLC
Phone: 813-934-3519
Email: [email protected]
Web: licznerskilaw.com
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