Riding a bicycle can be a good way to get some exercise while being out in the fresh air.
However, it is important for cyclists to take necessary safety precautions to avoid injury in the event you get into an accident while riding your bike.
If you were the victim of a bicycle crash you did not cause, you might benefit from seeking legal assistance from a professional. Once hired, a personal injury attorney could help lessen the stress of dealing with insurance companies and court procedures. Learn more about your case, and whether you might be able to seek compensation for your injuries, by connecting with a Lima bicycle accident lawyer.
Negligence in Bicycle Accidents
Both drivers and bicyclists are required to follow the rules of the road. In addition to signaling when they turn and stopping at a red light, both must exercise reasonable care to keep the roadways safe.
If a party injured in a bicycle accident wants to bring a personal injury lawsuit, they would typically sue the defendant for negligence. To prove legal negligence, an injured plaintiff must demonstrate the following:
- The defendant owed a duty to exercise reasonable care to the plaintiff
- The defendant breached that duty of care
- The defendant’s breach directly caused the accident
- The defendant suffered injuries as a direct result of the accident
Failing to adhere to traffic laws is just one possible example of a driver or cyclist breaching their duty of care. A seasoned Lima bicycle crash attorney could help determine how the defendant breached their duty of care during the accident.
Under the modified comparative fault system in Ohio, plaintiffs injured in a bicycle collision in Lima might be barred from recovery if they are found to be 51 percent or more at fault. If the court determines that a plaintiff is 50 percent or less at fault, they may be entitled to compensation reduced proportionately by the percentage of fault they contributed to causing the accident.
For example, if a bicyclist were deemed 40 percent at fault for an accident they filed suit over, they would not be barred from recovering damages against the driver. However, the bicyclist would only be entitled to 60 percent of the total amount of damages that the court assesses against that negligent driver.
Statute of Limitations for Bicycle Crash Claims
A key consideration all civil plaintiffs should keep in mind is the statute of limitations applicable to their case. Bicycle crash plaintiffs in Lima are required to file personal injury lawsuits within two years of the date of the accident under Ohio Revised Code §2305.10.
Failing to meet this deadline would likely forfeit a defendant’s right to sue in court for personal injuries related to the bicycle accident. By connecting with an experienced bicycle accident lawyer in Lima, a plaintiff may be able to file their claim more efficiently to meet this statutory deadline.
Contact a Lima Bicycle Accident Attorney Today
Nobody wants to quarrel with insurance companies and fight legal battles when they are already suffering from the physical and financial concerns that arise after a bicycle accident. Fortunately, going at it alone is not the only solution.
A Lima bicycle accident lawyer could review the circumstances of your case and help carry the burden. Start exploring your options by scheduling a consultation today.