Bicycle Accidents

Why Brown & Szaller?

Many Bicyclists are injured by motorists who fail to see them or take adequate precautions. Brown and Szaller Attorney Kenneth J. Knabe is an avid bicyclist familiar with Ohio tort and bicycle law.

What Duty Does the Driver of a Motor Vehicle Owe to a Person on a Bicycle?

The primary duty owed by a motor vehicle driver to a bicyclist is to drive carefully. This involves a number of safe driving rules:

  • Remain alert and vigilant while driving at all times.
  • Drive at a safe speed in light of road conditions. Wet, icy or snowy roads increase the chances that a bicyclist will fall and increase the distance you need to stop. So drivers must take particular care.
  • Pay close attention in the morning and evening hours, when sun glare may impede a driver's sight.
  • Avoid distractions. No texting or studying maps, particularly when driving around bicyclists.
  • Exercise particular care when driving on two-lane roads. There is nowhere a bicyclist can go to avoid you.
  • Exercise extra caution when backing out of a driveway or parking space and when approaching intersections where bicyclists are likely to be found.
  • Be aware that not all bicyclists obey traffic rules. They often fail to stop at stop signs and speed right through traffic lights.

What Steps Can Bicyclists Take to Avoid Accidents
and Minimize Injury?

  • Where a helmet and if you ride at night, put reflective tape on it. The tape will help avoid accidents. The helmet will help prevent catastrophic injury.
  • Do not cut off vehicles and do not make left hand turns from a bicycle lane Merge into the left lane before a left turn.
  • Merge into traffic when you approach an intersection. Beware if cars riding along side of you at an intersection; they may suddenly turn right without seeing you.
  • Watch out for parked cars. The door may suddenly open.
  • Install mirrors, reflectors and a light on your bicycle and use them.
  • Use hand signals when turning.
  • Pay extra attention when riding in the morning or evening hours. The low angle of the sun causes visibility problems for drivers.
  • Turn on your red lights in the back and the white lights in front at dusk and in the evening.
  • When overtaking a stopped car, watch carefully for a sudden right hand turn

Back to top.

Who is at Fault in a Bicycle Accident?

Fault is probably the most important aspect of any bicycle accident claim. Fault is determined by negligence. The person at fault is the person whose negligence is responsible for causing the accident. Usually, it is the person at fault who must pay for the damage he or she caused by acting negligently. Sometimes, it is not clear whose was negligent or whose negligence caused a bicycle accident. Sometimes, more than one person was negligent and there is shared fault. In that case, fault is apportioned between the negligent persons, depending on their contribution to the cause of the accident. Back to top.

What is Comparative or Contributory Negligence?

Basically, contributory negligence occurs when a person injured in an accident helped cause the accident, even though he or she may not have been primarily at fault. In the past, when a person was contributorily negligent, he or she may not have been entitled to any recompense for the injury he or she sustained. In 1980, Ohio adopted a comparative negligence law. Under that law, if a person's negligence was more than 50% at fault in an accident, he or she cannot recover any damages for the injuries sustained in the accident. If, however, the injured person's negligence is 50% or less the cause of the accident, he or she recovers their damages less the percentage caused by his or her own negligence.
Back to top.

How is Percentage of Fault Determined in a Bicycle Accident?

After an accident, an insurance company claims adjuster typically will investigate the circumstances surrounding the accident and assign relative degrees of fault to the parties to that accident. This is a purely subjective determination and is usually the subject of negotiations between the injured party and the insurance company. This is where the Brown & Szaller law firm can help you. Our lawyers understand the factors that go into the insurance companies' determinations of fault and we are skilled at investigating and assessing bicycle accidents and advocating on the injured person's behalf for the lowest percentage of fault.
Back to top.

What if I am Injured in a Bicycle Accident?

The first thing you need to do, assuming you are not rushed off to the hospital with life-threatening injuries, is to take stock of the situation. In other words, you need to gather evidence, talk to witnesses, take photographs with your cell phone camera, and write down all important information. Back to top.

YOU CAN FIND A CHECKLIST OF INFORMATION YOU NEED TO GATHER HERE.

Should I Contact a Lawyer if a Loved One is Injured in a Bicycle Accident?

It is important to seek legal assistance from a lawyer with experience in the type of injury your loved one has sustained as soon as possible after the accident. Your lawyer will need time to obtain witness statements and gather a variety of information that is necessary to prosecute your case. The earlier you contact a lawyer, the greater your chance of obtaining a strong recovery either through settlement or if you have to file a lawsuit for compensation. With adequate time, an experienced lawyer can strengthen the case, emphasizing favorable facts while fortifying weaknesses in the case.

An experienced lawyer will know the general contours of information required to strengthen your claim for compensation. Thus, you increase the likelihood that you will prevail in your case and you increase the amount of compensation you are likely to recover by retaining a lawyer with experience in bicycle accident cases. An experienced lawyer, such as those at the Brown & Szaller law firm, will meet with you, listen to what you have to say, explain your legal options, gather the critical facts, obtain and review medical reports and witness statements, and help you decide upon the best course of action.

The lawyers at Brown & Szaller will meet with you for a free initial consultation. Even if you are unsure whether you have a claim for compensation we will discuss the facts of the case and your options and together determine the viability of your case with no up-front charge. Back to top.

READ OHIO'S BICYCLE LAWS

CONTACT BROWN & SZALLER


News