Whether you are the driver or the cyclist, accidents involving bike riders can be dangerous and nerve wracking. Although car accidents involving bike riders are usually deemed the fault of the driver, there are some instances in which the cyclist is responsible for the accident. One of those instances is when the cyclist is drunk. Here’s what you need to know about drunk cycling.
Drunk Cycling Is Illegal
Because a bicycle is still a vehicle according to Florida state law, you cannot legally operate a bicycle while under the influence of alcohol. The rules for bicycles are a bit different than the rules for drivers. A cyclist cannot be charged with a DUI unless their BAC is .10 or higher, whereas for drivers the legal limit is .08 BAC. However, a drunk cyclist can be charged with a DUI and therefore deemed responsible for an accident.
Drunk Cycling Is Difficult to Prove
If you are in a car accident involving a drunk cyclist, you could have difficulty proving that the bicycle rider was drunk. Because they do not have or need a license to operate a bicycle, cyclists do not have to submit to a breathalyzer test. If they know this and refuse to be tested, you could have difficulty proving that they are responsible for the accident.
You Need an Attorney
If you were in a car accident involving a drunk cyclist, you should contact an attorney immediately. These cases are often complex and difficult to prove. You will need an experienced attorney on your side to ensure that you get appropriate compensation for your injuries.
If you or a loved one were injured due to the negligence of a drunk cyclist, contact us today for more information or to schedule your free consultation.