Cincinnati Bicycle Accident Lawyers
Bicycling is a popular activity in Ohio. In fact, the Buckeye State ranks 18th among the most bike-friendly states in the country and boasts seven colleges and universities that have invested considerable time and funding in promoting cycling. Ohio is also the birthplace of Pelotonia, one of the country’s largest annual bicycle ride events. It has raised over $184 million for cancer research.
Despite awareness and road safety improvements, bicycling can still be dangerous, especially near vehicle traffic. According to the National Highway Traffic Safety Administration (NHTSA), the most common bicycle accidents are cyclists being struck by a motor vehicle, often leading to serious and life-threatening injuries.
What Are Common Causes of Bicycle Accidents?
Bicycle accidents occur for various reasons, most often due to vehicle drivers failing to use caution when sharing the road with cyclists. The most common causes of bicycle accidents include:
- Distracted driving
- Defective bicycle
- Drunk or drugged driving
- Failing to provide adequate space when passing a cyclist
- Failure to yield to a cyclist
- Fatigued driving
- Improperly serviced bicycle
- Opening vehicle doors to an oncoming cyclist
- Poor road conditions or bike lanes
- Running red lights or stop signs
- Speeding
- Tailgating
- Unsafe left or right turns, including failing to signal or look for cyclists before turning
What Are Common Bicycle Accident Injuries?
Head and brain are two of the most common bicycle accident injuries, though the NHTSA reports that wearing a safety helmet can reduce the chance of head injuries by 85 percent and brain injuries by 88 percent. Other common bicycle accident injuries include:
- Broken bones
- Concussions
- Crushing injuries
- Cuts and lacerations
- Death
- Dental Injuries
- Dislocations
- Facial injuries
- Post-traumatic stress disorder (PTSD)
- Punctures
- Nerve damage
- Road rash
- Spinal cord damage
- Sprains and strains
- Traumatic brain injuries (TBIs)
Are Bicycle Helmets Required in Ohio?
Despite the prevalence of head injuries in bicycle accidents, helmets are not required in Ohio. Safety gear, such as a bicycle helmet and knee and elbow pads, helps riders protect themselves in an accident, though they are not required in Ohio.
Ohio Bicycle Laws
In Ohio, bicycles are legally considered vehicles. Cyclists are required to follow the same traffic laws as drivers, including riding in the same direction, stopping for red lights and stop signs, and yielding to pedestrians. Due to sideswiping accidents between cars and bicycles, motorists are required to leave at least 3 feet of space when following or passing cyclists.
Contrary to common belief, cyclists are not required to use bike lanes when available or to move out of the way for faster vehicles. In Ohio, cyclists can ride in whichever lane they feel is safest, and vehicles must pass them appropriately and within the 3-foot rule. In Cincinnati’s business districts, cyclists over age 15 are not allowed to ride on sidewalks and must ride on the road among traffic unless the area has a designated bike path.
Cyclists in Cincinnati are required to keep their bicycles properly maintained and to install the following safety equipment:
- A white reflector on the front of the bicycle.
- A white light for riding between sunset and sunrise.
- A red reflector and a flashing or steady red light on the back of the bicycle.
- Properly functioning brakes.
- A bell or horn that emits an audible signal.
Who Is Responsible for My Bicycle Accident Injuries?
Most bicycle accidents involve a car or other vehicle, and establishing liability can be complicated and often depends on each driver’s fault level. As a result, bicycle accidents typically require the cyclist and vehicle driver to prove the other’s negligence. To establish negligence if you are the cyclist, you must be able to prove the driver:
- Had a reasonable duty of care for your safety.
- Breached their duty of care with their actions, such as speeding or drunk driving.
- Caused your injuries by breaching the duty of care.
- Caused damages related to the accident and your injuries.
Ohio is a comparative negligence state, meaning the cyclist and the driver share a percentage of fault for the accident and injuries. If you are less than 50 percent at fault, you are entitled to seek compensation from the driver; your percentage of fault will be deducted from the total compensation you are awarded.
What Compensation Can I Seek if I am Injured in a Bicycle Accident?
If you or a loved one has been injured in a bicycle accident, you may be entitled to compensation for your injuries and losses. Compensation is based on a combination of economic and non-economic damages, such as:
- Current and future medical expenses
- Emotional trauma
- Disability
- Disfigurement
- Impairment
- Loss of consortium
- Lost quality of life
- Lost wages and future earning capacity
- Pain and suffering
- Rehabilitative therapies
- Wrongful death and funeral expenses
What Should I Do if I am in a Bicycle Accident in Cincinnati?
Any evidence you can gather from the scene documenting the accident and your injuries can benefit your claim significantly. If you are physically able following the bicycle accident, you should take the following steps:
- Report the accident to the police, especially if it involves a car or other vehicle, and to the property owner if it occurs in a parking lot or privately owned location.
- Exchange contact and insurance information with the other party.
- Minimize conversation; do not apologize, argue, or fight with the other party, and do not post about the accident on social media. What you say can be used against you later.
- Photograph the scene, including your bicycle and other vehicles involved, what caused the accident, your injuries, and any other contributing factors.
- Gather contact information and statements from any witnesses.
- Seek medical attention as soon as possible, even if your injuries are minor. Certain injuries, especially head and brain injuries, have delayed symptoms and can be life-threatening if left untreated. The doctor’s report detailing your injuries is also required for your personal injury claim.
- Keep all records, expenses, and communication about your accident and injuries.
- Consult a Cincinnati bicycle accident lawyer who is experienced in negotiating with insurance companies and recovering maximum compensation for their clients.
How Can Wolterman Law Office Help Me After a Bicycle Accident?
If you are injured in a bicycle accident, your focus should be recovery. An experienced bicycle accident lawyer can provide valuable support and peace of mind, knowing your legal rights and best interests are protected. At Wolterman Law Office, our experienced Cincinnati bicycle lawyers can work on your behalf to:
- Investigate the accident.
- Determine the value of your claim.
- Consult your medical team about your required ongoing care.
- Interview witnesses.
- Hire experts, if necessary.
- Negotiate with insurance companies for maximum settlement.
- Protect your legal rights.
- Represent you in court should your case go to trial.
How Long Do I Have to File an Injury Claim?
Ohio’s statute of limitations for filing a personal injury claim is two years from the date of the accident or death.
Our Cincinnati Bicycle Accident Lawyers at Wolterman Law Office Advocate for Clients Injured While Bicycling
Bicycle accidents often cause severe injuries that result in medical expenses, lost income, and pain and suffering. Our experienced Cincinnati bicycle accident lawyers at Wolterman Law Office can help if you or a loved one has been injured while cycling. Call today at 513-488-1135 or contact us online to schedule a free consultation. Located in Loveland, Ohio, we serve clients throughout Hamilton County, Fairfield, Norwood, and Forest Park.