Even though Florida is a “no-fault” state, compensation for certain damages can still be sought through the at-fault party’s insurance policy or, in cases of hit-and-run or underinsured drivers, the victim’s uninsured/underinsured motorist coverage. In a situation where a bike rider or walker doesn’t have their own insurance, filing a claim against the at-fault driver may be your only option for receiving fair compensation.

Most often, motorists who fail to follow traffic laws, drive under the influence, speed or engage in distracted driving behavior are found at fault in auto accidents involving cyclists or pedestrians. In rare cases, government entities may be held liable if they fail to provide safe conditions for pedestrians and cyclists, including poorly maintained roads, inadequate signage or malfunctioning traffic signals. The same applies to property owners or managers if an accident occurs due to uneven sidewalks, lack of proper lighting or other hazardous conditions on their property.

However, cyclists or pedestrians might not be free from fault. If they failed to follow traffic rules, crossed against signals or engaged in generally reckless behavior, they may be deemed partially responsible, which will affect their total compensation. In fact, because of Florida’s comparative negligence laws, they might not receive any compensation if they are found more than 50 percent liable.