Can I still bring a Florida lawsuit against the driver if I was doing something I was not supposed to while riding my bicycle?

When it comes to accidents in Florida, we work under the concept of comparative negligence, so when determining the amount of fault divided between multiple parties it works on a percentage. Even if a bicyclist was partially at fault, 50% at fault, or 90% at fault for an accident, there’s still going to be some leftover fault on the other party, so it’s always a good idea to preserve all the evidence in the case so we can look at everything and you can still have a case even if you are partially responsible for the accident.

John Pape, attorney at Weston & Pape
Written by
John Pape

John Pape is the Managing Partner at Weston & Pape and has more than 30 years of experience representing injured clients across Florida. A summa cum laude graduate of the University of Miami School of Law, he has devoted his entire career to personal injury cases, including motor-vehicle accidents, wrongful death, and nursing-home neglect. Recognized by Verdict7, The National Trial Lawyers Top 100, and Premier Lawyers of America, John is known for his thorough preparation and commitment to achieving meaningful results for his clients.

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