Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
There may be fewer bicycle accidents than car wrecks, however, the severity of a biking accident is much more pronounced in a bicycle accident than in most common automobile collisions and pedestrian accidents. If you have been injured in a bicycle accident, you may want to consult with a seasoned bicycle accident attorney who is well-versed in Toledo bicycle accident dynamics. An attorney could help you file a claim to recover damages for your injuries.
Many bicycle accidents include severe injuries. Some of the most common injuries in a bicycle accident include:
Usually, when someone suffers an injury in a bicycle accident they need extensive care in a hospital. This is because, most of the time, the driver does not see bicyclist until it is too late and do not apply the brakes before hitting the bicyclist, causing a serious accident.
Toledo is a comparative negligence jurisdiction. This means that after an accident, the court will look at the comparative fault of both parties. If the plaintiff is 50 percent or more at fault for the accident, then they cannot recover damages. In order to collect any damages, the injured person must be less than 50 percent at fault for the accident.
If someone is 30 percent at fault for the accident, this means they will receive 30 percent fewer damages than they would have had they not had any fault in the accident. Therefore, if the estimated damages are $1,000, the plaintiff will receive $700 instead.
It is crucial that bicyclists know what safety measures to take when they are going for a ride. Bicyclists need to dress in reflective clothing, ride on the far right side of the road, avoid congested traffic situations, and try to stay on roads that are less traveled. Many drivers are not used to driving with bicyclists on the road, except in situations where there is very little traffic.
One of the important Toledo bicycle accident dynamics is the unique laws associated with bicycling. The Toledo Police, the Lucas County Sheriffs, and the State Highway Patrol are the enforcers of Toledo bicycle laws. They are the ones who make the decisions on whether or not a law has been violated.
One of the major laws that apply to bicyclists is the Better Bicycling Bill that was passed in September 2006. Under this law, there is no longer a horn requirement on a bike, permits generator style lighting is permitted, and steadier blinking rear lights are required. The Better Bicycling Bill requires local bike laws to be fundamentally consistent with state law and it reaffirms that bicycles may be operated on most Ohio roads.
An attorney’s investigation of a bicycle accident is going to be similar to a car wreck case. The distinction is that the lawyer is also going to look at Ohio bicycle laws and whether or not there are any specific jurisdiction laws where the accident happened. A thorough investigation needs to be completed to get all applicable witnesses, photos of the accident scene, Google Earth photos, a copy of the accident reports, and research conducted on the law to determine the liability in the case.
To learn more information about Toledo bicycle accident dynamics, contact a well-established lawyer today.
Charles E. Boyk Law Offices, LLC