Another day another cyclist is hit in Miami.
This accident occurred Thursday August 12, 2010 around 7pm at the entrance to the Key when a woman in her 40s was struck from behind by a white F-150 XL driven by Jose Ravelo, president of A-1 Landscaping Service.
The injured cyclist was hurt in the lower back and was unable to get off the ground after the accident. She was taken to hospital and her condition is not known.
“To tell the truth I really didn’t see her,” said Ravelo, explaining he was leaving the key and was driving on the right hand lane. “I guess it must have been my fault, but it was one of those things. I just can’t explain. I don’t know what happened.”
Ravelo’s front right headlight was broken with pieces lying in the roadside. Ravelo pointed out that the white bike lane marking at the scene of the accident are virtually non-existent making the right of way unclear.
I previously wrote about the states effort to protect cyclist with the passage of
Florida Statute 316.083, which states:
(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall give an appropriate signal as provided for in s. 316.156, shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other nonmotorized vehicle.
The reality is that this law is rarely enforced and few motorist know of its existence. Nonetheless, this law is and will be applicable in any civil proceeding brought by the injured cyclist. In fact this law is the basis for a number of lawsuits that I am currently handling. As a Miami Injury lawyer that specializes in bicycle accidents I am always amazed as to the number of accidents that happen in violation of the statute and the police officer’s failure to appropriately cite the offending motorist.
Mark Kaire has been practicing law in Miami for nearly 15 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for 4 years.