Copyright © 2021 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Anyone who rides their bike through Port Clinton knows how important it is to watch out for oncoming traffic, pedestrians, and other bikers. Unfortunately, if a driver is not paying attention or driving recklessly, there is little even the most careful bike rider can do to avoid getting in an accident.
If a negligent driver struck you or forced you off the road, a Port Clinton bike accident lawyer can work with you to file suit for any damages you suffered as a result of their careless behavior. A skilled personal injury attorney can ensure you do not face any liability in the collision that would potentially reduce your recoverable compensation.
A variety of actions can justify civil litigation, but the elements of negligence remain the same across all bike accident cases. Specifically, drivers owe a duty of reasonable care to bicyclists and other motorists. If a driver breaches that duty and causes an accident that directly led to the biker’s injuries, the plaintiff could file suit against the negligent person.
This definition of legal negligence may sound simple, but in practice it can be challenging to prove an accident fulfills all the criteria for liability. While everyone on the road inherently owes other drivers a duty of care, a plaintiff working without a bike crash legal representative could struggle to demonstrate based on a preponderance of available evidence that a defendant driver breached their duty and directly caused injury.
With skilled legal representation on their side, a plaintiff could have an easier time collecting evidence of negligence, such as police reports, traffic camera footage, physical evidence from the accident scene, and testimony from eyewitnesses. Any ticket the driver received for a traffic violation, such as speeding or failure to yield, could also be factored into a case for compensation.
If a bike wreck victim can prove negligence, they can recover both economic and non-economic damages stemming from their accident. In addition to medical expenses, bike and other property repair costs, and lost wages from missed time at work, a comprehensive damage award can also account for subjective losses like physical pain and loss of life opportunities.
However, defendants in bike accident cases could argue they were not at fault for the incident in question and that the injured plaintiff was partially or primarily to blame for the wreck. In the case of a court finding that a plaintiff is partially liable for their own damages—for example, if they ignored right-of-way laws or were not wearing appropriate safety equipment while bicycling—Ohio Revised Code §2315.33 allows the court to reduce the plaintiff’s recoverable compensation by the same percentage of fault they are found to bear.
Furthermore, that same statute allows a court to restrict a plaintiff from recovering any compensation if they find the plaintiff bears more than 50 percent of the fault for their injuries. Representation from a dedicated bike accident lawyer in Port Clinton could be crucial to mitigating allegations of comparative fault and maximizing financial recovery.
Getting hit while on a bicycle is often more dangerous than a comparable impact while in a motor vehicle. Even at low speeds, bike crashes leave riders with almost no protection from external forces, leading them to suffer severe and sometimes catastrophic injuries.
After experiencing this kind of wreck, it could be a good idea to explore what legal action you can take against the party who hit you. A Port Clinton bike accident lawyer can help you identify and present evidence of negligence, document your injuries and losses, and seek appropriate restitution for them both in and out of court. Call to schedule your consultation with an experienced personal injury attorney today.
Charles E. Boyk Law Offices, LLC