Charles E. Boyk Law Offices, LLC
The joy of riding a bicycle can unfortunately sometimes turn into a nightmare when an accident occurs. Accidents involving bicycle riders can lead to serious injuries or in rare cases even death.
If someone else is responsible for such an accident, though, you may have legal options that a qualified personal injury attorney could help you pursue. A Fremont bicycle accident lawyer may be able to help with your accident claim to help ensure that your rights as an injured bike rider are adequately protected.
Who is adjudged responsible for a bicycle accident—and to what extent—is very important to the outcome of a civil lawsuit stemming from one. Ohio mandates certain rules for bike riders, such as the requirements established under Ohio Revised Code §4511.55 for riders to ride as near to the right side of the road as possible and obey the rules of the road applicable to other vehicles.
Recognizing that bike riders are particularly vulnerable to larger vehicles, Ohio also imposes rules for cars and similar vehicles. For example, under ORC §4511.27, a vehicle passing a bicycle must signal and pass at a safe distance, deemed to be three feet or wider. A Fremont bike injury lawyer may be able to assist in understanding how these laws and others impact a particular claim.
Generally, in an accident between a bike and a car, the bike rider fares the worst. However, that does not mean the bicycle rider always prevails in a lawsuit against the driver. Ohio employs a comparative negligence scheme, established under ORC §2315.33, whereby the respective fault of the parties involved in the accident is adjudged and the injured party’s recovery is reduced by their percentage of fault for the accident.
Therefore, if an accident causes $100,000 in damages and the rider is found to be 40 percent responsible, their recovery would be limited to $60,000 at most. Furthermore, if the rider is found to be more than 50 percent responsible for the accident, they may be barred from recovering any compensation at all. A seasoned personal injury lawyer could help prove negligence in a bicycle accident.
There are various damages an injured rider may be entitled to under Ohio law, all of which a dedicated bike accident lawyer in Fremont could help a plaintiff pursue. These may include but are not necessarily limited to:
Dealing with and recovering from a bicycle accident can be difficult and harrowing. Everything can seem overwhelming, from the pain and medical treatment required after an accident to the myriad of lawyers and insurance companies demanding information.
A Fremont bicycle accident lawyer might be able to alleviate some of those burdens by taking on some of those questions and working to protect your rights. According to ORC §2305.10, Ohio imposes a two-year statute of limitations on most negligence claims, so call today to get started on yours.