Bicyclists in Florida must adhere to the rules of the road in accordance with traffic laws. If a rider rides a bicycle while intoxicated, they may be arrested for bicycle DUI. Intoxicated cyclists may be subject to both criminal and civil sanctions.
What are Florida's DUI Laws?
If a blood test or breath test reveals that a person's blood alcohol content (BAC) is.08 percent or greater, they may be prosecuted with drunk driving in Florida.
A driver may also be charged with DUI if their blood alcohol level makes it impossible for them to drive safely.
Depending on the facts of the case, there may be criminal consequences for driving while intoxicated. A person could be required to install an ignition interlock device and pay fines, for instance. The court may also impose probation, jail time, and other penalties.
Why is it Possible for A Bicyclist to be Charged with a DUI While Riding a Bicycle?
According to Florida law, bicycles are classified as vehicles and are subject to many of the same obligations as motorists.
DUI charges may be brought against a person who is intoxicated and riding a bicycle.
But the prosecution must show that the cyclist's BAC was higher than the permitted level. Alternately, the state would have to show that the rider was unable to ride with the same level of caution as a reasonably cautious sober rider due to alcohol in their system.
Therefore, if found guilty of bicycle DUI, the offender may receive jail time, pay fines, and lose their driver's license.
What Happens if a Drinking Cyclist Gets in an Accident?
In addition to suffering criminal consequences, cyclists who cause a traffic collision while impaired by alcohol may be held liable for damages.
If another party suffers significant injuries, they may file a lawsuit against the at-fault person under Florida's no-fault insurance regulations.
Therefore, if a DUI collision was caused by a drunk cyclist, they might be held responsible for the damages. They could be obligated to cover the other person's financial losses, such as out-ofpocket costs, lost earnings, and medical expenditures.
The intoxicated biker may also be liable for non-economic losses like pain and suffering.
Prior to a bicyclist being held accountable for damages brought on by an accident, the victim must demonstrate:
DUI conviction is admissible as proof in a personal injury lawsuit. Impairment does not, however, automatically render a biker liable for any harm.
Liability still requires proof of negligence and causation.
If the Bicyclist is Drunk, Can He/She Receive Damages for a Bicycle Accident?
In road accidents, Florida comparative fault laws are in effect. According to the law, when one person contributes to the cause of another's injury, they are each accountable for their proportion of the damages.
In other words, the rider's compensation may be diminished by their proportion of liability if the bicyclist contributed to the collision.
A bicycle accident is more likely to occur when you're drunk and cycling. Bicyclists are equally responsible for following traffic regulations and taking precautions to prevent traffic accidents.
How Can You Avoid Liability Following a Bicycle Accident?
In an effort to reject your claim, the driver's insurance company can try to pin the accident on you.
It can try to place part of the liability on you in an effort to reduce the amount of damages you get.
Following a bicycle accident, you can safeguard your entitlement to just compensation by doing the following:
When bicyclists are struck by cars, they suffer severe injuries and potentially fatality. Therefore, if a negligent motorist is to blame for your bicycle accident, you deserve to receive full compensation for all injuries you sustained.
Call Our Florida Bicycle Accident Attorneys Today!
The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience fighting for victims of personal injury. As a passionate group of lawyers, we are dedicated to fighting for the compensation you deserve.
Our expert legal team can help you along this complicated and intricate process.
Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive negligent security attorneys! ¡Hablamos español!
We serve clients throughout Florida, including, but not limited to, those in the following localities: Duval County including Atlantic Beach, Jacksonville, and Jacksonville Beach; Hillsborough County including Brandon, Riverview, and Tampa; Leon County including Tallahassee and Woodville; Orange County including Ocoee, Orlando, and Winter Garden; St. Lucie County including Fort Pierce, Lakewood Park, and Port St. Lucie; and Walton County including DeFuniak Springs, Miramar Beach, and Santa Rosa Beach.