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Legal Help for the Injured

Dayton Bicycle Accident Lawyers

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’re hit by a car while riding a bike in Miami Valley, Ohio, you may have the right to compensation.
At Kisling, Nestico & Redick, our Dayton bike accident lawyers are here to help and remove the stress of filing a claim or lawsuit. We offer 100% free consults, zero upfront fees, and we pursue the maximum amount possible.
Contact KNR at (937) 427-4048 today.

At KNR, we ask, ‘what can we do?’ so you move on with more.

Dayton Bicycle Helmet Laws

Under Ohio law, no statewide ordinance requires bicyclists to wear helmets. However, Dayton requires anyone under 13 riding a bicycle to wear a helmet with a chinstrap. Failure to adhere could result in a $25 fine.

How Did Your Bike Accident Happen? Common Causes

Bicycle accidents in Dayton can happen in a variety of ways. However, in most bicycle accidents, collisions are caused by:

  • Failing to check a vehicle’s blind spots when changing lanes
  • Making the right or left turns suddenly in front of oncoming cyclists
  • Sideswiping bicyclists who are traveling on the shoulder
  • Opening doors in front of bicyclists in busy urban centers
  • Failing to come to a complete stop at stop signs
  • Pulling out from driveways or parked positions without looking
  • Failing to yield to a bicyclist when it is appropriate
  • Driving too fast, driving aggressively, or antagonizing bicyclists
  • Driving under the influence of drugs, alcohol, or other incapacitating influences
  • Talking on a cell phone or otherwise engaging a mobile device while driving

Common Bike Injuries

Bicycle accident injuries can be life-altering. Some of the more common injuries people sustain in bicycle accidents include:

  • Spinal cord injuries, back injuries, herniated discs, and paralysis
  • Emotional injuries include panic disorder, depression, anxiety, and post-traumatic stress disorder (PTSD)
  • Head injuries, concussion, traumatic brain injuries, and coma
  • Broken bones, fractured limbs, and amputation
  • Soft tissue injuries, road rash, internal injuries, internal bleeding, organ failure, and whiplash

Some injuries might seem minor initially but can become more severe over time. This can lead to compounding medical bills after a bicycle accident. This makes proper medical care documentation and sufficient financial compensation critical.

Steps after a Bike Accident

In the aftermath of your Dayton bicycle accident, here are the initial steps you need to take:

  • Do not leave the accident scene
  • Check yourself and others for Injuries
  • Contact emergency responders and 911
  • Obtain the driver’s contact and insurance information
  • Take photos of your injuries and the accident scene
  • Seek medical attention and follow doctor instructions
  • Contact a bicycle accident attorney for help
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Compensation After a Dayton Bicycle Accident

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:

  • Your attorney opens an investigation into the cause of your bicycle accident to establish liability and gather valuable evidence to prove fault in your case
  • Once liability has been determined, your lawyer will go over your damages to calculate how much your bicycle accident damages are worth
  • You’ll file a claim with the liable party’s insurance company, as Ohio is a fault state for insurance and accident purposes
  • Your lawyer will negotiate with the insurance company if the defendant in your case has coverage
  • When insurance settlements are unavailable, your bicycle accident lawyer should be prepared to present your case in court.
At KNR, we ask, ‘what can we do?’ so you move on with more.

How Are Fault and Liability Determined?

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’s how negligence is established:

Proving Negligence in Bike Accidents

Negligence must be proven to establish liability in a bicycle accident in Dayton. The four elements of negligence are:

  • A duty of care exists – Only individuals who owe injured bicyclists a duty of care may be required to compensate them for their damages. If a motorist struck you, this motorist would owe you a duty of care.
  • Breach of duty – Your lawyer will need to show that the liable party or motorist, in your case, violated their duty of care. Any negligent or unsafe driving could be considered a breach of duty.
  • Causation – The defendant’s breach of obligation must cause the bicyclist damages and injuries.
  • Damages – Bicyclists must have endured substantial physical trauma, emotional distress, or financial losses to have grounds for a bicycle accident lawsuit.

Bike Accident: Recoverable Damages

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:

  • Coverage of hospital bills, prescription medication fees, mental health counseling costs, medical equipment, physical or occupational therapies, and future medical care
  • Loss of income and reduced earning potential
  • Costs of making repairs to your bicycle or replacing it
  • Emotional distress stemming from the trauma of the bicycle accident
  • Loss of enjoyment of life if your injuries will prevent you from enjoying bike riding
  • Embarrassment from disfiguring skin scarring
  • Loss of protection, love, support, advice, companionship, and guidance

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$200,000 Policy Limit For Client In Bicycle Accident

Our client was struck while riding his bicycle causing him to fracture his jaw, neck & back. KNR…

Case Type
 
Settlement $
 
$0.00

What Makes KNR Special?

We Help Dayton Bicycle Accident Victims

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.

At KNR, we ask, ‘what can we do?’ so you move on with more.

Dayton Bike Accident FAQs

How long do I have to file your bicycle accident claim?

According to Ohio Revised Code ORC §2305.10, anyone hoping to file a personal injury or bicycle accident lawsuit must file within two years. Failure to do so means the date in civil courts will refuse to hear your case.

When do bicyclists have the right of way?

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. However, bicyclists will always have the right of way when crossing a crosswalk.

Another person caused my bike accident with another driver. Can I sue?

If a pedestrian or other driver caused your bicycle accident with a different vehicle, you might have the opportunity to sue the party at fault. 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.

Can I recover damages if I wasn’t wearing a helmet?

Yes, you may still have the right to compensation if you were not wearing a bicycle helmet. However, if your child (under 13) was injured while not wearing a helmet, it could hurt your 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.

Our Bike Accident Lawyers Will:

  • Investigate, collect evidence, and find those at fault for your accident.
  • Interview witnesses, medical professionals, and experts to show how your life was impacted.
  • Communicate with the insurer, clarify liability, and pursue max compensation.
  • Determine your accident’s full and fair value – what you lost and deserve.
  • Keep you informed and involved. KNR is available by phone, text, email, or Zoom.
  • Protect your rights and, if necessary, take your case to court.
  • Never charge you upfront. If there’s no recovery, there’s no cost.