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Legal Help for the Injured
Bicycle accident victims are often subjected to severe injuries and financial loss. Many wonder about their next steps and are unsure where to begin. If you were hit by a car while riding a bike anywhere in the Miami Valley, you may have the right to compensation, and a Dayton bicycle accident lawyer can help you pursue it.
At Kisling, Nestico & Redick, our Dayton bike accident lawyers take the stress of a claim or lawsuit off your plate. Our Ohio bicycle accident lawyers handle claims across the state, and the Dayton team brings that experience to local cases. We offer free consultations, charge nothing up front, and pursue the full compensation you are owed.
Contact our Dayton personal injury lawyers at (937) 427-4048 today.
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The Miami Valley’s paved trail network runs right through Dayton, and many riders split their trips between the trails and city streets. Crashes tend to cluster where bikes and cars meet:
Most of these crashes happen when a driver turns across a rider’s path, pulls out without looking, or passes too close.
In Ohio, a bicycle is a vehicle. Riders have the same rights on the road as drivers, and they are expected to follow the same rules. The details are covered on our page on Ohio bicycle traffic laws, but these points matter most in an injury claim:
When a driver breaks one of these rules and hits a rider, that violation is strong evidence of fault. If the insurer argues the rider broke a rule, Ohio’s comparative fault law may reduce the award, but it does not end the claim unless the rider was more than half to blame.
Under Ohio law, no statewide law requires bicyclists to wear helmets. However, Dayton requires anyone under 13 riding a bicycle to wear a helmet with a chinstrap. Failure to follow the rule can lead to a small fine. Our page on Ohio helmet laws explains how a missing helmet can come up in a claim.
Bicycle accidents in Dayton can happen in a variety of ways. However, in most bicycle accidents, collisions are caused by:
A rider has nothing between their body and the car or the pavement, so even a low-speed crash can cause lasting harm.
Concussions and traumatic brain injuries are among the most serious bicycle injuries. A helmet lowers the risk but does not remove it, and symptoms such as headaches, memory problems, and mood changes can take days to appear. In the worst crashes, a rider may be left in a coma or with permanent brain damage.
Riders often break wrists, arms, and collarbones trying to catch themselves, and legs, hips, and pelvises when a car strikes them directly. Serious fractures may need surgery, plates or screws, and months of therapy, and some never heal completely.
Sliding across asphalt tears away layers of skin. Deep road rash can become infected, may need skin grafts, and often leaves permanent scars. Other common bicycle accident injuries include:
Some injuries seem minor at first and get worse over time, which leads to compounding medical bills. Getting checked right away and keeping every record protects both your health and your claim.
The steps you take in the first hours and days after a crash can make a real difference in your claim:
Fight for Everything You're Owed
When you are ready to move forward with your bicycle accident claim, you may not know where to begin. Here is a general idea of what you can expect from your Dayton bicycle accident claim:
Establishing fault and liability in a bicycle accident claim is essential to recovering compensation. Your lawyer must show that another party’s negligence or misconduct is responsible for causing your bicycle accident and resulting damages. Here is how negligence is established:
Negligence must be proven to establish liability in a bicycle accident in Dayton. The four elements of negligence are:
Bicycle accident victims in Dayton have the right to be compensated for every loss. There are certain types of damages bicycle accident victims experience more frequently than other injury victims. Some of these include:
Injuries
Our client was struck while riding his bicycle causing him to fracture his jaw, neck & back. KNR…
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Since our inception in 2005, Kisling, Nestico & Redick has been dedicated to helping personal injury victims fight for the compensation they deserve after an accident affects their way of life. We have helped more than 10,000 people, and we’re ready to keep fighting for Ohioans and anyone who deserves compensation for their personal injury claims.
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After everything you have been through, you may not be sure whether you are making the right choice and moving forward with your bicycle accident claim.
But working with a lawyer and filing a claim is usually the best way to recuperate from your injuries and recover damages. At Kisling, Nestico & Redick, our professionals always look out for your long-term interests and pursue the maximum possible compensation.
According to Ohio Revised Code ORC §2305.10, most personal injury and bicycle accident lawsuits must be filed within two years of the crash. If you miss that deadline, the court will almost always refuse to hear your case.
Bicyclists have the same rights as motorists when it comes to roadways. Bicyclists must adhere to traffic laws, including stopping at traffic lights and yielding to the right of way. When a rider is going straight through an intersection with a green light, or is already in the lane, a turning or merging driver must yield.
Yes. If another driver or a pedestrian caused the crash, for example by forcing the car that hit you into your path, you may be able to bring a claim against the person who caused it. Your attorney will need to evaluate the circumstances. This may include assessing the right of way, reviewing evidence, and determining what legal options are available to you.
Yes, you may still have the right to compensation if you were not wearing a bicycle helmet. If the injured rider was a child under 13, Dayton’s helmet rule may come up, and it could affect the case.
Ohio is a modified comparative negligence state under Ohio Revised Code ORC 2315.33. If your injuries may not have occurred or been as severe if you had worn a helmet, you could expect an injury settlement to be reduced to account for your portion of fault.
Because Ohio is an at-fault state, the driver who caused the crash is ultimately responsible, usually through their auto insurance as part of a settlement. Until then, your own health insurance, and any medical payments coverage on your car insurance, may pay your bills. If the driver had little or no insurance, your uninsured and underinsured motorists coverage may apply even though you were riding a bike. Call 1-800-HURT-NOW and we can help sort it out.
Not seeing a cyclist is not an excuse. Drivers have a duty to watch for riders, check mirrors and blind spots, and yield when required. A driver who says they did not see you is often admitting they were not paying attention. Witness statements, photos, traffic camera or dashcam video, and evidence of your lights and position on the road help show what the driver should have seen.