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Do I have a lawsuit against a driver who hit me while I was riding my bicycle at night, even though I didn’t have reflective clothing or a headlamp on?

Florida bicycle regulation 316.2065 states that bicyclists who ride between sunset and sunrise are required to have a white light on the front of the bike that is visible for at least 500 feet to the front. Additionally, a red light and red reflector in the rear are required to be visible from a distance of 600 feet in the rear. While the regulation does state, “A bicycle or its rider may be equipped with lights or reflectors in addition to those required by this section,” it isn’t the law.

What this means is that the statute doesn’t require cyclists to ride with a lamp on their heads or wear reflective clothing. Although these are great things to do to improve visibility at night and reduce bicycle accidents, they aren’t required by law. This means you may have a valid case for bringing a lawsuit against the driver who hit you, if that driver was negligent.

When drivers are impaired, distracted, reckless and otherwise negligent, victims of crashes have every right to hold them accountable for their wrongdoings. To find out about pursuing a personal injury claim, contact the Law Offices of David Benenfeld for a free initial consultation today at 866-9 HELP NOW or 866-943-5766.

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David Benenfeld

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Attorney David M. Benenfeld is committed to provide compassionate and personalized Representation for your personal injury and workers' compensation cases in Florida.
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