Who Is Responsible for a Bicycle vs. Car Accident in Ohio?
Determining liability after a bicycle accident requires an investigation into how the crash happened. Evidence may include the police report, photographs and video from the accident scene, surveillance footage, bicycle or vehicle damage, witness statements, medical records, and information about the driver’s actions before the collision.
In some cases, the driver may be clearly responsible. In others, an insurance company may argue that the bicyclist contributed to the accident.
Ohio follows a comparative-fault system. A person’s own fault does not automatically preclude recovery, but damages can be reduced by the percentage of fault attributable to that person. Under Ohio law, a plaintiff generally cannot recover under this rule if the plaintiff’s contributory fault is greater than the combined fault of the other parties.
This makes the facts surrounding a bike-versus-car accident especially important. A bicyclist should not assume that an insurance company’s determination of fault is the final word.
Ohio Bicycle Laws Can Affect an Accident Claim
Ohio law establishes rules for people riding bicycles, including where bicyclists may ride on the roadway. Generally, a person operating a bicycle on a roadway must ride as near to the right side as practicable while obeying traffic laws and exercising due care.
However, the law does not require a bicyclist to ride at the edge of the roadway when doing so would be unreasonable or unsafe, such as when avoiding hazards or when a lane is too narrow for a bicycle and an overtaking vehicle to travel side by side safely.
These rules can become important when an insurance company argues that a bicyclist caused or contributed to a crash.
The circumstances matter. For example, a bicyclist’s position in the roadway may have been necessary to avoid a parked vehicle, road debris, a pothole, or another hazard. An attorney can examine the accident evidence and applicable Ohio law before determining whether an allegation of fault has merit.
Injuries From Bike vs. Car Accidents
A bicycle provides substantially less physical protection than a passenger vehicle. Even a collision that does not appear severe at the scene can result in significant injuries.
Bike-versus-car accident injuries may include:
Some injuries may not be immediately apparent after a crash. Seeking medical attention after a bicycle accident can help identify injuries and document the harm caused by the collision.
What Compensation Can You Recover After a Bike Accident?
If another party is legally responsible for your bicycle accident, you may be able to seek compensation for the losses caused by your injuries.
Depending on the circumstances, a claim may include damages for:
The value of a claim depends on the specific injuries, financial losses, available insurance coverage, and other facts surrounding the accident. KNR can investigate your losses and work to determine what compensation may be available.
What to Do After a Bike vs. Car Accident in Ohio
The moments and days following a bicycle accident can be overwhelming. You may be dealing with pain, medical treatment, damage to your bicycle, and questions about who will pay for your losses.
If you are physically able, taking certain steps after the crash can help protect your health and preserve important evidence for a potential claim.
Call 911 and Report the Accident
Contact law enforcement and request medical assistance if necessary. Reporting the accident creates an official record of the collision and allows officers to document information about the vehicles, people involved, road conditions, and the circumstances surrounding the crash.
If the driver leaves the scene, provide law enforcement with as much information as possible about the vehicle and driver. A police report may become important evidence when determining how the accident happened and who was responsible.
Get Medical Attention
Seek medical care as soon as possible after a bicycle accident, even if your injuries initially seem manageable. Some injuries, including certain head, neck, back, and soft-tissue injuries, may not be immediately apparent.
Following your doctor’s recommendations and keeping records of your treatment can also help document the connection between the accident and your injuries. Keep copies of medical bills, prescriptions, treatment records, and other expenses related to your recovery.
Documenta la escena
If you are able to do so safely, take photographs or video of the accident scene, your bicycle, the vehicle, visible injuries, road conditions, traffic signs, traffic signals, and other relevant details. Try to capture the location from multiple angles.
Photographs can become particularly important if the scene changes after the accident. For example, vehicles may be moved, road hazards may be repaired, or surveillance footage may eventually be overwritten. If you cannot document the scene yourself because of your injuries, ask someone you trust to do so when possible.
Get the Driver’s Information
Obtain the driver’s name, contact information, insurance information, and vehicle information. If there were witnesses, collect their names and contact information as well.
Avoid arguing with the driver or making statements about who caused the accident. Even a casual statement at the scene can later be taken out of context. Let law enforcement document the accident and preserve your own account of what happened.
Preserve Your Bicycle and Other Evidence
Do not repair, discard, or alter your bicycle before its condition has been documented. The bicycle, helmet, clothing, and other damaged property may provide evidence about how the crash occurred.
Keep damaged items in a safe place and take photographs of them. You should also save photographs, videos, medical records, bills, insurance correspondence, and other documents related to the accident. These records can help establish both how the collision occurred and the losses you experienced as a result.
Be Careful When Speaking With Insurance Companies
The other driver’s insurance company may contact you for information about the accident. You should be cautious about giving a recorded statement, discussing the extent of your injuries before you know their full impact, or accepting a settlement before you understand the value of your claim.
An initial settlement offer may not account for future medical treatment, ongoing symptoms, lost income, or other losses. You do not have to assume that the insurer’s questions or initial offer reflects the full value of your claim. Before agreeing to a settlement, consider discussing your situation with a bicycle accident lawyer.
Talk to an Ohio Bicycle Accident Lawyer
A bicycle accident attorney can investigate the crash, identify potentially responsible parties, evaluate your injuries and losses, and handle communications with insurance companies.
An attorney can also help preserve evidence, review the police report and other documentation, investigate potential insurance coverage, and determine what compensation may be available. The sooner important evidence is preserved, the easier it may be to build a complete picture of what happened.
How KNR Can Help After a Bike vs. Car Accident
After a serious bicycle accident, you may be focused on medical treatment and getting your life back on track. At KNR, we can handle the legal side of your claim while you focus on your recovery.
Our Ohio bicycle accident lawyers can:
- Investigate how the crash happened and identify potentially responsible parties.
- Gather police reports, photographs, video, witness statements, and other evidence.
- Review the circumstances of the collision and applicable Ohio traffic laws.
- Work with medical professionals and other experts when appropriate.
- Document your medical expenses, lost income, property damage, and other losses.
- Communicate with insurance companies on your behalf.
- Evaluate settlement offers and negotiate for appropriate compensation.
- Prepare your case for litigation when necessary.
- Keep you informed throughout the process.
- Handle your case without charging upfront legal fees.
KNR has helped more than 10,000 injured people since 2005. With offices throughout Ohio, our personal injury lawyers represent clients statewide.
Why Choose KNR for an Ohio Bicycle Accident?
A bicycle accident can leave you dealing with an insurance company while you are still recovering from your injuries. Having an experienced legal team can help you understand your options and protect your interests during the claims process.
At Kisling, Nestico & Redick, we have spent more than 20 years representing injured Ohioans. Our attorneys understand the evidence that can matter in a bicycle accident case, from accident reports and witness accounts to medical records and photographs of the crash scene.
We also understand that no two bicycle accidents are exactly alike. The circumstances of the collision, the severity of the injuries, the available insurance coverage, and the evidence supporting liability all matter when evaluating a claim.
You can speak with a KNR attorney about your accident during a free consultation. You pay nothing upfront, and there is no fee if we do not recover compensation for you.
Ohio Bike vs. Car Accident FAQs
What should I do if I was hit by a car while riding my bicycle in Ohio?
If you are able, call 911, report the accident, seek medical attention, document the scene, and collect the driver’s and witnesses’ information. You should also preserve your bicycle and other evidence from the crash and consider speaking with a bicycle accident attorney before making decisions about your claim.
Can I recover compensation if I was partly responsible for a bicycle accident in Ohio?
Possibly. Ohio’s comparative-fault law allows recovery in qualifying cases when the injured person’s fault is not greater than the combined fault of the other parties. Any damages awarded can be reduced in proportion to the injured person’s percentage of fault.
Does Ohio law give bicyclists the same rights as cars?
Ohio law applies specified traffic laws to bicycles and electric bicycles when they are operated on highways or designated bicycle paths. Bicyclists also have specific rules they must follow.
How much space must a car give a bicycle when passing in Ohio?
Ohio law provides that when a motor vehicle overtakes and passes a bicycle or electric bicycle traveling in the same direction, a safe passing distance is three feet or more.
What if the driver who hit my bicycle says the accident was my fault?
Do not assume that the driver’s statement or an insurance company’s position establishes liability. The facts of the crash should be examined, including the location of the bicycle and vehicle, traffic signals and signs, road conditions, witness statements, photographs, video, and applicable traffic laws.
What if I was injured but the driver does not have enough insurance?
The insurance coverage available after a bicycle accident depends on the circumstances of the crash and the policies involved. An attorney can review the available coverage and determine what potential sources of compensation may apply to your situation.
How much does it cost to hire a bicycle accident lawyer in Ohio?
KNR handles personal injury cases on a contingency-fee basis. You do not pay upfront legal fees, and if there is no recovery in your case, you do not owe KNR a legal fee.
Talk to an Ohio Bike Accident Lawyer Today
A bicycle accident can affect your health, finances, work, and daily life long after the crash itself. If a negligent driver injured you while you were riding, KNR can investigate what happened and help you pursue the compensation available under Ohio law.
Contact Kisling, Nestico & Redick for a free consultation. You pay nothing unless we win. Call 1-800-HURT-NOW to get started.
