Port Charlotte Bicyclist Charged with DUI After Crash

by Carmen Dellutri on November 13, 2013

Cape Coral accident attorneyA bicyclist involved in a Port Charlotte crash is now facing charges for driving under the influence. The incident highlights that safety is a top priority on the road no matter how you may be traveling.

Many are surprised to learn that a bicyclist can be charged with DUI under Florida law. Under the state’s broad definition of “vehicle,” any device by which a person may be transported upon the road can qualify for a DUI. The logic is that erratic or otherwise unsafe driving of any kind can put others on the roadway at risk.

In the latest case, a Port Charlotte bicyclist attempted to cross U.S. 41 and pedaled into the path of a 2008 Dodge van. Although he was thrown from the bike, he only suffered minor injuries. The bicyclist was also charged with failure to yield and failure to use a light at night, according to the Herald Tribune.

In addition to the potential for criminal charges, riding your bicycle while impaired could also damage any potential claims you may have against a driver whose negligence also contributed to the crash. Under Florida’s doctrine of comparative negligence, any damages awarded in a suit against a careless driver will be reduced by your own level of culpability.

For instance, the driver may be found to be 60 percent at fault, while you may be held 40 percent responsible for your own injuries. In this case, your monetary recovery would be reduced by that same percentage.

The Dellutri Law Group is focused on making bad situations better and putting lives back together. If you or someone you love has been seriously injured in a Port Charlotte bicycle accident caused by someone else’s negligence, you may be entitled to compensation.

To learn more about your legal options, contact our experienced Port Charlotte injury attorneys for a free consultation.

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