Citations and Insurance
Luiz asked: Can a bicyclist receive a ticket for crash? Does the bicyclist have to have (and provide) liability insurance information when involved in an accident?
What if he did crash, in the rear, but the aftermath is a head concussion with memory loss? How it can be defended?
Can a bicyclist with an impeccable driving record have his driver’s license suspended for a bicycle accident?
We do not provide legal advice at this site. You should retain counsel to prepare a defense. With regard to your other questions, the following statutes apply.
Bicyclists must comply with traffic law as must other drivers. Police officers enforce the traffic laws and issue Uniform Traffic Citations to motorists, bicyclists and pedestrians when appropriate. That authority is defined in FS 316.640.
s. 316.640 – Enforcement
The enforcement of the traffic laws of this state is vested as follows ….
(The statute defines the jurisdictions and authority of various police officers.)
Bicyclists are not required to possess proof of financial responsibility or insurance. That is a requirement to own and operate a motor vehicle. A bicycle is not a motor vehicle.
s. 324.011 – Purpose of Chapter
It is the intent of this chapter to recognize the existing privilege to own or operate a motor vehicle on the public streets and highways of this state when such vehicles are used with due consideration for others and their property, and to promote safety and provide financial security requirements for such owners or operators whose responsibility it is to recompense others for injury to person or property caused by the operation of a motor vehicle. Therefore, it is required herein that the operator of a motor vehicle involved in a crash or convicted of certain traffic offenses meeting the operative provisions of s. 324.051(2) shall respond for such damages and show proof of financial ability to respond for damages in future accidents as a requisite to his or her future exercise of such privileges.
Driver’s of motor vehicles are required to possess a valid drivers’ license. Again, bicyclists are not operating motor vehicles, and are not required to have a drivers’ license.
s. 322.03 – Drivers Must be Licensed; Penalties
(1) Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver’s license issued under this chapter.
(2) …. prior to issuing the driver’s license the department shall require such person to present proof of financial responsibility ….
A driver of a motor vehicle may lose a driver’s license due to an accumulation of points toward that license. Since a drivers’ license is not required to operate a bicycle, points may not be awarded for traffic violations of the cyclist. Please see this previous post that addresses that question.