Florida Law Holds Bike Rider Legally Responsible for Impacting a Pedestrian or Runner While Overtaking on a Sidewalk
In Florida, a bike rider who strikes a pedestrian on a sidewalk is generally liable for damages if they acted negligently, such as failing to yield, speeding, or not providing an audible signal when passing, as Florida law requires cyclists to grant pedestrians the right-of-way. The cyclist may face both civil lawsuits for damages and potential citations. Key details regarding legal liability:
Negligence & Duty of Care: While sidewalk riding is permitted statewide (unless prohibited by local ordinance), cyclists must exercise due care, yield to pedestrians, and give an audible signal before overtaking. Failure to do so constitutes negligence.
Comparative Negligence: Florida uses a modified comparative negligence system. If a pedestrian is partially at fault (e.g., sudden, erratic movement), their compensation may be reduced, but the cyclist can still be held liable if they are less than 51% at fault.
Liability Exposure: Injured pedestrians can pursue compensation for medical expenses, pain, and suffering. In some cases, reckless riding could lead to criminal charges, notes The Ansara Law Firm.
Statutory Requirements: Per Florida Statutes § 316.2065, a person on a bike on a sidewalk has all the rights and duties of a pedestrian, but must, per Florida Law, yield to pedestrians and provide an audible signal.
If the cyclist is a child, parents or guardians may be held liable for allowing them to violate these traffic safety statutes, according to Florida Statute 316.2065(8) and the
