Most often, the vehicle’s operator is held responsible in a personal injury claim. If a driver violates traffic laws, such as running a red light or stop sign, or if they were driving while distracted or impaired, they will likely be at fault for the accident.

The same right-of-way laws apply to pedestrians and bicyclists. Because Florida treats bicycles as vehicles, bicyclists are required to follow the same laws as motorists on the road — meaning if they run a red light, ride under the influence or fail to equip their bike with front and rear lights, they can be held responsible for the accident. Similarly, if a pedestrian is jaywalking or otherwise crossing the street illegally contributes to the accident, it can severely impact their case’s proceedings.

It’s also essential for cyclists younger than 16 to wear helmets while riding. Although it’s not mandatory for adults, neglecting to wear a helmet can exacerbate the injuries you sustain during an auto accident and potentially complicate your case. The opposing side might try to use your lack of protection to argue you contributed to the severity of your injuries. If successful, because Florida operates under a comparative negligence system, they could cut your compensation by a significant percentage.

Other possible parties that can be held accountable in your claim are manufacturers and property owners. If you’re on a bike and you collide with a stationary object on the road due to a defective bicycle part, you may be able to pursue an injury claim against the bike manufacturer.

If a property manager or owner’s negligence contributed to your accident – such as if the property contained uneven sidewalks, inadequate lighting, lack of proper signage and other hazardous conditions – they may bear liability.

Even government entities may potentially be held responsible if poor road conditions played a role in the accident. Broken, uneven or cracked roadways, uncovered potholes or malfunctioning traffic signals can put pedestrians and cyclists in danger and lead to serious accidents.

Pursuing these types of claims can be labor intensive and requires in-depth, painstaking investigation to clearly demonstrate a third party was responsible for your injuries. Having dedicated and effective legal representation on your side may enhance your ability to successfully pursue damages.