Can You File a Claim If You Were Hit While Cycling on the Sidewalk in Florida?

In Florida, it’s not uncommon for cyclists to ride on sidewalks, especially in busy areas like Winter Haven, where traffic congestion or lack of bike lanes can make the road feel unsafe. But what happens if you’re hit by a car while riding on the sidewalk? Are you still eligible to file a personal injury claim, or does your position off the roadway complicate your legal rights?

Florida has specific laws regarding sidewalk cycling, and fortunately for riders, those laws often support your right to seek compensation. If you were injured while riding your bike on a sidewalk and were struck by a vehicle — whether entering or exiting a driveway or crossing an intersection — you may still be entitled to financial recovery for your injuries, medical bills, and lost wages.

Is It Legal to Ride a Bicycle on the Sidewalk in Florida?

Yes, riding a bicycle on the sidewalk is legal in Florida — unless local ordinances state otherwise. Under Florida Statutes § 316.2065(9), cyclists have the legal right to ride on sidewalks and crosswalks and must follow the same rules that apply to pedestrians in those areas.

While using the sidewalk, cyclists must:

• Yield the right-of-way to pedestrians
• Give an audible signal before passing someone on foot
• Follow traffic control signals and signs

Because cyclists are treated similarly to pedestrians when riding on sidewalks or crosswalks, motorists have a duty to be alert and yield when crossing sidewalks — such as when exiting driveways or turning at intersections. If a driver fails to look both ways or stop before crossing a sidewalk and hits a cyclist, the driver may be found at fault for the collision.

Who Is at Fault When a Cyclist Is Hit on the Sidewalk?

Determining fault in a bicycle accident on the sidewalk depends on the specific circumstances, but in many cases, the driver is held responsible — especially if they were entering or exiting a parking lot, driveway, or private property. Florida law requires motorists to yield to pedestrians and cyclists when crossing sidewalks or entering roadways from private property.

Here are some common scenarios where drivers are typically found at fault:

• A driver pulls out of a driveway without stopping and hits a sidewalk cyclist
• A vehicle turns right at an intersection and cuts off a cyclist crossing in the crosswalk
• A car drives across a sidewalk while entering a parking lot and fails to yield

However, liability can be more complicated if the cyclist was moving at a high speed, riding against traffic, or failed to yield to pedestrians. Florida follows a comparative negligence model, meaning both parties can share fault — and any compensation awarded can be reduced based on the cyclist’s percentage of responsibility.

At Kemp Injury Law, we work to uncover all evidence — including traffic camera footage, eyewitness accounts, and expert accident reconstruction — to build a strong case and minimize any unfair blame placed on injured cyclists.

What Compensation Can You Recover After a Sidewalk Bicycle Accident?

If you’ve been injured while biking on the sidewalk, and the driver was at fault (or mostly at fault), you may be eligible to recover compensation for a variety of damages. These may include:

• Medical expenses: Hospital bills, physical therapy, medications, surgeries, and follow-up care
• Lost income: Wages lost during recovery and loss of future earning potential
• Pain and suffering: Physical pain, emotional distress, and reduced quality of life
• Property damage: Repairs or replacement of your bicycle, helmet, and other gear

Even if you were partially at fault — for example, if you were riding too fast or entered the crosswalk on a red signal — you may still receive compensation. Under Florida’s modified comparative fault rule, as long as you are not more than 50% at fault, you can still pursue a claim. Your compensation will simply be reduced by your percentage of fault.

For example, if you were awarded $40,000 in damages but found to be 20% responsible for the crash, your recovery would be reduced to $32,000.

Steps to Take After a Bicycle Accident on the Sidewalk

If you’re hit by a vehicle while riding on the sidewalk, what you do in the moments and days afterward can significantly affect your ability to file a successful injury claim. Here’s what we recommend:

1. Call 911: Always report the accident to law enforcement. A police report serves as a crucial piece of evidence.
2. Get medical attention: Even if your injuries seem minor, see a doctor immediately. Internal injuries and concussions often show delayed symptoms.
3. Take photos and gather information: If you’re able, document the scene, your injuries, the vehicle, and the surrounding area. Get the driver’s contact and insurance information, and collect witness statements if possible.
4. Do not admit fault: Avoid discussing who was to blame at the scene or on social media.
5. Speak with a bicycle accident attorney: A legal professional can evaluate your case, explain your options, and help you build the strongest possible claim.

Time is limited. In Florida, you generally have two years from the date of the accident to file a personal injury lawsuit. If you wait too long, you could lose your right to pursue compensation altogether.

Our team is experienced in handling bicycle accident cases throughout Winter Haven and Polk County. We understand the local traffic patterns, laws, and tactics used by insurance companies — and we’re ready to advocate on your behalf.

If you were hit while riding on the sidewalk, contact us today for a free consultation. We’ll review your case, answer your questions, and help you take the first step toward recovering what you’re owed.