
What Do I Teach My Kids About Bicycling In Florida
Bicycling is a rising trend in Florida amongst our youth, particularly in the 10 to 15-year-old population. The statistics on this trend are interesting. They say the rise is related to the pandemic. The shift to lockdown and rise in outdoor recreation meant more kids on bikes, resulting in an uptick in kids’ bike sales across the country. According to NPD group, May 2020 trail-a-bike sales grew by 142% and kids’ bikes sales were up 59% compared to 2019. An Aspen Institute study on the state of play found that bike riding moved from the 16th most popular youth activity pre-pandemic up to the third most popular youth activity in 2020.
Today, if you go by any middle school in a rural area in Florida, you will confirm that biking is in…big time.
I practice personal injury, and my kids often complain that I am too careful, too “doom and gloom” or too protective. Nevertheless, I have found that with the rise of biking recreationally you now have more accidents.
Bicyclists were involved in 7,129 crashes in 2023, with 211 deaths and over 800 serious bodily injuries. In 2024, Florida transportation officials stated 18 people on average were in a bicycle crash every day.
Worse yet, when a bike and an automobile get into an accident, the biker typically suffers horrendous injuries. I never want to see my kids in one of these accidents, so I will share with you what I teach them.
To begin with, in Florida, if a person on a bike rides on the sidewalk, they are considered a pedestrian. Under Florida Statute Section 316.2065, if a person is propelling a human powered bike on the sidewalk, they have the same rights as a pedestrian. This is important for various reasons. First, it is important because under Florida law when a bike rides in a bike lane or on the road, it is required to abide by all the laws that motorists must abide by. This includes, but is not limited to, traveling on the right-hand side of the road with traffic. This means a bike on the road, traveling with traffic, cannot see what is approaching them.
If a biker is able to ride against traffic, or if the biker is able to see the motor vehicle in front of them, it would avoid some of the worst and most horrific accidents I have seen involving bikes. Indeed, the worst injuries occur when a driver of an automobile either is not paying attention, is negligent or intoxicated and they veer into the bike lane seriously injuring the biker or killing them. I have seen the aftermath of a distracted driver veering into a biker. It is a sight that will forever haunt you.
To make this scenario more prevalent, cell phone use while driving, including texting and talking, is considered a major safety hazard, comparable to or even more dangerous than driving under the influence. While there are differences in legal penalties and criminal charges for distracted driving and drunk driving, studies and research suggest that distracted driving significantly impairs a driver’s ability to react and maintain control, similar to the effects of alcohol. The National Highway Traffic Safety Administration (NHTSA) estimates that 8% of fatal crashes, 14% of injury crashes, and 13% of all police-reported motor-vehicle crashes were reported as distraction-affected crashes.
Based on the law and the statistics, why wouldn’t a parent want their child to ride on the sidewalk and/or against the flow of traffic on the sidewalk? My worst nightmare is my nine-year old daughter riding on the side of the road, minding her own business, doing nothing wrong; and then a distracted driver looking at his/her cell phone runs her down maiming or killing her. This should be every biker’s worst nightmare, because if you ride with traffic on the side of the road, you are unfortunately at the mercy of every automobile driver approaching and passing you.
I have had this discussion with avid bikers. Many do not like to use the sidewalks, and some feel it is unfair to suggest they should. I understand that point. Regardless, I often teach my teenage son that statistics sometimes are negative, but they are facts. They should not be ignored. Moreover, I tell him, to prevent yourself from becoming a statistic it is important to understand how to avoid it. Given the statistics, my advice to avid bikers is to ride in large groups (preferably in the front), utilize rear-view helmet or bike mirrors, monitor the automobile traffic behind you often and try to ride where and when there is less automobile traffic.
In my career, I have handled many accidents where bikers are hit by automobiles. While these cases may seem straight forward, you will be surprised. In a case several years ago, a man that was hit by a truck while he was on his bike retained me after his attorney (who did not practice personal injury law) took on his case thinking it would be easy. His former attorney made several critical errors. Fortunately, I was able to fix the errors and I was able to get him a $275,000.00 settlement through litigation. It was a great result.
If you, a friend, or a loved one have had a bike accident with an automobile, do not waste time, call me. I have the experience, the knowledge and the ability to maximize your recovery.