Here at the Charles E. Boyk Law Office, our Toledo injury attorneys have successfully obtained settlements for clients injured while riding their bicycles. If you have been injured in a Toledo bicycle accident, it is important to remember that you do have legal rights. Bicycle accidents can involve serious injuries.
These serious injuries include things like traumatic brain injuries, injuries to the spinal cord, broken bones, neck injuries, back injuries, and much more. Be aware of the different types of bike accidents and consult with a Toledo bike accident lawyer if any of these injuries occur.
Ohio law requires drivers of automobiles to share the road with bike riders. When automobile drivers fail to do this and negligently cause an accident, the bike rider has legal rights against the car driver just as if the bike rider had been operating a car.
Bicycle accidents can be prevented if more attention is paid to the people they share the road with. According to the NHTSA, bicycle accidents are most likely to happen in an urban area without an intersection between 4 and 8 p.m.
Many safety advances have been made to reduce the possibility of bike accidents, including bike lanes and bike mirrors to see surrounding traffic.
Bicycle crashes are often more severe than other traffic collisions because cyclists have little physical protection. Even at lower speeds, impact injuries can result in long-term medical complications and extended recovery periods.
If you have been hurt in a bike crash, Charles E. Boyk Law Offices can help.
Typical Types of Bicycle Accidents
Despite increased bicycle safety and advances in those safety precautions, unfortunately, bicycle accidents still happen. Below are common types of bike accidents that are caused by motorists and may require attention from a Toledo bicycle accident lawyer:
- Failure to yield
- Not leaving enough space when passing
- Turning directly in front of the cyclist
- Speeding
- Opening door in cyclist’s path
No matter the reason for which you ride your bicycle (recreation, exercise, or transportation), you have most likely taken note of the conditions on the streets and roads that pose a danger of injury. These hazards include potholes, uneven portions of cement, and even crudely patched potholes with loose gravel that can cause a bicyclist to lose control of the bike and fall to the pavement. Injuries from these types of falls can be very serious.
Weather conditions such as rain, ice, and low visibility can also increase the risk of bicycle accidents, especially in early morning or evening hours when traffic congestion is higher.
The government is responsible for maintaining roadways in reasonable repair. In Ohio, if a bicyclist is injured while riding as a result of road conditions, they have the right to file a claim against the government agency for the injuries they sustained in the bicycle accident.
These claims can involve strict procedural rules and short-notice requirements, which make timely legal action especially important when defective road conditions contribute to a crash.
When a driver or passenger quickly opens a car door in the direct path of a bicyclist, the crash is usually unavoidable. If the bicyclist tries to avoid the car door that was flung open, they often crash on the pavement or even ride into the path of another car or bicycle.
After a bicyclist crashes because of an open car door, the person who opened the door and the car owner can be held liable for the injuries that were caused.
These “dooring” accidents are especially dangerous in urban areas where parked vehicles line busy streets and cyclists have limited room to maneuver.
If you have been hurt in a dooring accident, consult Charles E. Boyk Law Offices; consultations are free, and you pay no fees unless you win your case.
Case Results Involving Serious Injury and Wrongful Death Claims
Our Toledo bicycle accident attorneys have also handled serious injury and wrongful death matters involving cycling collisions, such as:
$300,000 POLICY LIMIT SETTLEMENT – Bicyclist Confined to Wheelchair After Being Struck by A Vehicle
Our client was riding his bicycle eastbound on Airport Highway. A vehicle came from behind and struck our client. Our client was taken to the University of Toledo Medical Center by the Toledo Fire Department EMS. Months later, the Toledo Police Department cited the other driver after reconstructing the crime scene. After the accident, our client was evaluated and diagnosed with a traumatic brain injury, which caused him to have no memory of the incident. He required surgery on his right fibula. He remained at UTMC for 6 weeks and was transported to St. Charles for 6 weeks afterward. He then spent 6 weeks in rehabilitation.
The client was referred to our firm by one of our previous clients. Our firm worked diligently with him to help him receive the compensation he deserves. Our client accepted a $300,000 offer from the other driver’s insurance company.
Settlement – Bicyclist Hit By Car Sustains Bilateral Leg and Ankle Fractures
In July 2020, our 75-year-old client sustained severe injuries when she was hit by a car as she was riding her bicycle. Our client and her husband were 25 miles into their 50-mile bicycle trip when this horrific accident occurred. They had stopped at a posted stop sign and waited for the defendant driver to yield them the right of way. The defendant yielded to our client’s husband but failed to see our client and proceeded into the intersection, striking our client. Our client was taken from the scene by emergency medical services to a nearby hospital for immediate medical attention.
At the hospital, our client was diagnosed with an open tibia and fibula fracture to her right leg, and severe fractures to both of her ankles. She was admitted to the hospital for several days and was required to undergo multiple surgeries to attend to her injuries. Once discharged from the hospital, our client was admitted to an inpatient rehabilitation facility for over two weeks until she was finally able to go home and continue her recovery. Even after discharge, she was unable to bear weight on her legs for a lengthy period of time and required over two months of intense physical therapy.
This horrific accident had a significant impact on our client’s life. Prior to the accident, she was an extremely active woman. She regularly taught Zumba classes at her local YMCA, and she was an avid bicyclist who enjoyed going on long-distance bicycle rides with her husband. Due to the injuries she sustained in the accident, she was unable to take part in these activities for a long period of time.
We were contacted shortly after this horrible accident occurred to assist our client in her recovery. We completely avoided the need for our client to ever set foot into a courtroom as we obtained a substantial settlement for her. The settlement we were able to secure for her will go a long way to compensate her for the pain and suffering she incurred as a result of this accident.
These outcomes reflect the importance of immediate legal action when negligence leads to catastrophic injury or loss of life.
How a Toledo Bicycle Injury Attorney Can Help
Here at the Charles Boyk Law Offices, our Toledo bicycle accident law team will interview witnesses, take photographs and measurements of the defective condition, and obtain government records of road repairs in the area of the accident. Without a thorough, detailed, and timely investigation, it may be impossible to prove and win your claim. Time is of the essence for preserving these claims.
Our team also works with accident reconstruction professionals and medical experts when needed to help establish exactly how the crash occurred and the full extent of your injuries.
Our bike injury attorneys will speak with you free of charge and will be able to answer any questions you may have regarding this matter and even be able to point you in the direction of trusted area doctors so that you will receive the best medical treatment.
We also handle communication with insurance companies so you do not have to deal with adjusters while you are recovering from your injuries.
Talk to a Toledo Bike Accident Attorney Today
If you or a loved one has been injured in a bicycle accident that was caused by a motorist, it is important to remember that you have rights. Call for a free consultation with our dedicated Toledo bike accident lawyer.
You can also order your free copy of The Ohio Accident Book. This book will explain to you your legal rights after you have been injured in an accident. If you would like to read this book, call the number above to request a free copy to be mailed to you.
Frequently Asked Questions About Bicycle Accidents in Toledo
What should I do after a bicycle accident in Toledo?
Seek medical attention immediately, even if injuries seem minor. Then report the crash to police, document the scene if possible, and contact a bicycle accident attorney before speaking with insurance companies.
Who can be held responsible for a bicycle accident?
Liability may fall on a negligent driver, a government entity responsible for unsafe road conditions, a vehicle owner, or another party depending on the circumstances of the crash.
Can I recover compensation if I was partially at fault?
Yes. Under Ohio law, you may still recover compensation if you were less than 51% at fault. However, your recovery may be reduced based on your percentage of responsibility.
What types of damages are available in bicycle accident cases?
Damages may include medical expenses, lost income, future medical care, pain and suffering, and long-term disability-related costs.
How long do I have to file a bicycle accident claim in Ohio?
Most personal injury claims must be filed within two years of the accident. Claims involving government entities may have shorter notice deadlines.
Do I need a lawyer for a bicycle accident claim?
Yes. Insurance companies often dispute liability or undervalue claims. An attorney can investigate the crash, preserve evidence, and negotiate for full compensation.
