The Miami Personal Injury Accident Lawyers at the Perazzo Law Firm know that under Florida law, a family’s claim after a bicyclist’s death is a wrongful death claim, brought by the personal representative of the estate. The Perazzo Law Firm has learned, according to WEAR TV, that a bicyclist died on Gulf Breeze Parkway (U.S. 98) in Santa Rosa County. This post explains how the wrongful death process works. For other cyclist injuries, see our bicycle accident page. Questions? Call 888-PERAZZO or contact us ONLINE for a FREE initial Consultation 24/7 and ZERO OUT-OF-POCKET FEES* to clients.
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What was reported
According to the Florida Highway Patrol (FHP), as reported by WEAR TV, the crash happened Sunday night, Nov. 8, around 8:45 p.m. at U.S. 98 and Portside Drive. FHP says the woman was riding north across the parkway when a sedan traveling west struck her.
WEAR TV reports she was pronounced dead at the scene and that the sedan’s driver was taken to a hospital with minor injuries. Fox 10 also reported on the crash. It remains under investigation, and the woman has not been identified. No cause or fault has been announced.
How Florida’s Wrongful Death Act works
Under Fla. Stat. § 768.20, the action “shall be brought by the decedent’s personal representative.” That person sues for the survivors and the estate together.
Under Fla. Stat. § 768.21, the damages that may be available depend on who survives. Categories listed in the statute include:
- Lost support and services
- A surviving spouse’s loss of companionship and protection, and mental pain and suffering
- Lost parental companionship, instruction, and guidance for children, and mental pain and suffering
- Medical or funeral expenses, for the survivor who paid them or, in some cases, the estate
- The estate’s lost earnings and, in some circumstances, lost net accumulations
Which categories apply to a given family turns on the statute’s definitions of survivors. Past results do not guarantee a similar outcome.
Bicyclists and the rules of the road
Fla. Stat. § 316.2065(1) gives a person propelling a vehicle by human power the rights and duties of a vehicle driver under Chapter 316, subject to the chapter’s special bicycle provisions.
Deadlines and insurance
Wrongful death actions carry a two-year limit under Fla. Stat. § 95.11(5)(e). Insurance may also include uninsured motorist coverage under Fla. Stat. § 627.727, but policy terms control.
FAQ
Who files a wrongful death claim in Florida?
The decedent’s personal representative files it under § 768.20, on behalf of the survivors and the estate.
Is a bicyclist treated like a driver under Florida law?
Largely yes. Section 316.2065(1) gives bicyclists the rights and duties of drivers, with limited exceptions.
How long does a family have to file?
Two years under § 95.11(5)(e). Call 888-PERAZZO to talk through your family’s situation.
This article is general information, not legal advice, and does not create an attorney-client relationship. Attorney advertisement. The Perazzo Law Firm, North Miami Beach, FL. Hiring a lawyer is an important decision that should not be based solely on advertisements. Past results do not guarantee a similar outcome.