No one wants to deal with a bike crash, but unfortunately, accidents can happen at any time, and they can turn life upside down. It is very easy for a victim to find themself in a situation where they have severe injuries battling with because they are unprotected for the most part as they ride.
What course of action is available to those who are made to suffer because of the negligence of others that leads to bicycle accidents? Filing an insurance claim is a good idea as it ensures that the affected party gets compensation.
Unfortunately, the process is not the most straightforward, and the information below needs to be heavily considered.
How Are Bicyclists Treated Legally?
Those who ride bicycles have certain laws they must adhere to as they traverse roads in the United States. Some of these will apply at the federal level, with others being state-driven. Ohio happens to be ranked as the 18th most friendly bicycle state, which is a very generous position. Here are some of the rules to help with the understanding of how cyclists are treated:
Bicycles are thought of as vehicles under the law, which means that they are allowed to be on roadways, so long as they are not on some limited access roads or freeways. More importantly, once a cyclist is legally riding, they are free to use an entire lane.
While riding, a cyclist is allowed to exit the bicycle lane if they are trying to overtake another rider, making a turn, or avoiding a hazard.
Cyclists are expected to ride no more than two abreast. However, exceptions are allowed when there is a bike lane or bike path at play.
A white light must be used at the front and a red reflector at the rear of any bicycle being operated before sunrise or after sunset.
The right of way granted to a bicyclist is the same as that which is granted to any motor vehicle.
What Damages Are Available for an Ohio Bicycle Accident Victim?
When a bicycle accident claim is filed, the associated attorney's role is to assist a victim in recovering compensation for the damages that are being dealt with. These can be categorized as either economic or non-economic.
The economic category speaks to those damages that have a numeric value that can be easily calculated because of some form of documentation or receipt. On the other hand, the non-economic category speaks to damages that represent a dip in the quality of life of the victim, and these will require the expertise of a legal professional to calculate.
Some of the standard damages that a victim may be entitled to are as follows:
Lost wages
Medical bills
Pain and suffering
Physical therapy and rehabilitation expenses
Future lost income
Lost benefits
Injuries That May Occur from an Ohio Bike Accident
As indicated before, an injured bike rider is at high risk of dealing with tremendous fallout from an accident because of how unprotected they are when a crash occurs. This even applies when safety equipment such as a helmet is being worn. In many cases, the human body simply cannot stand up to the trauma inflicted, which means that the victim will pass away.
Some of the typical injuries that a rider will face are as follows:
Broken bones
Limb loss
Wrongful death
Severe lacerations
Internal injuries
Spinal cord injuries
Back and neck injuries
The Statute of Limitations for a Personal Injury Lawsuit in Ohio Is Two Years
Bike accident lawsuits cannot be filed indefinitely. Once this two-year allowance under Ohio law passes, any victim who has not filed a claim forfeits their entitlement to any kind of compensation, provided that there are no extenuating circumstances at play.
Processing the accident scene, getting witness testimonies, etc., is much easier the earlier the filing takes place, which is why victims are advised to seek the counsel of an expert personal injury lawyer in the shortest possible order. They can also guide you through how to file a lawsuit for motorcycle accident in Ohio.
How Does One File a Claim After Suffering Bicycle Accident Injuries?
A Free Consultation
The first step is to schedule a free case review with an experienced Toledo bicycle accident lawyer. During this time, the attorney will be attempting to understand the relevant case variables to see what the way forward may look like and if a claim is possible. It is always advised to be completely honest with the legal professional, even in cases where the victim is partially at fault.
Understanding What Is to Be Proven
An Ohio personal injury attorney needs to prove that the other side is negligent if they want to recover compensation on behalf of their client. To this end, four variables need to be demonstrated beyond the shadow of a doubt:
The driver who caused the accident was legally obligated to ensure that certain actions were taken to keep the victim safe.
There was a failure to uphold the duty alluded to in the first point.
The collision that occurred happened because of the failure to carry out this duty effectively.
There was financial, emotional, or financial harm (or some combination of the three) that the victim was made to suffer because of the occurrence.
Evidence Is Mandatory
A bike accident case is not the easiest thing to navigate. Even in cases where it may seem like the points alluded to above would be straightforward to prove, a ton of work needs to be undertaken by a legal professional to ensure that the desired outcome is achieved.
This is where the case-building process comes into play, and it requires that a solid body of evidence is crafted. An accident report is a big part of this. It is effectively a compilation of information indicating what the responding officers found and concluded happened at the accident scene.
Such a document will offer a lot of support in a successful bicycle accident case, especially if the driver received some kind of citation.
Eyewitness testimonies are also another essential part of the package, especially where there may not be any video evidence available.
Of course, there are also other elements of evidence in bike accidents. Lawyers must be able to identify and attempt to obtain all those that may be relevant.
The Ohio Bicycle Accident Lawyer Files the Claim
Once the case has been put together, the retained personal injury lawyer will then file the claim against the negligent party's insurance company. Not only is this a formal statement that compensation is being sought, but it is also an indication of the amount that is being asked to cover the damages that the victim is suffering.
A Negotiation Begins
The next step is for both sides to attempt a negotiation. It is usually expected for the negligent party's insurance company to open the proceedings with a low offer that is often no more than 40% of what the case is actually worth.
However, a good bike accident attorney is aware of all the different tricks that these companies may want to use to swindle the victim, so this lowball offer is usually not something to have to worry about. This attorney can also advise on how to file a lawsuit for pedestrian accident in Ohio.
In many cases, these proceedings will be fruitful and will lead to some kind of favorable settlement that the victim can accept.
A Trial May Be Necessary
While settlements will often occur through negotiations, this is not always the case. Whenever both parties cannot reach a conclusion, the matter will then need to be taken to trial for the courts to decide on what the compensation award, if any, will be.
At this stage, a bike accident lawyer will then act as legal representation during the trial, putting evidence forward, calling witnesses, etc., to ensure that the client gets the most favorable outcome possible.
How to Maximize the Chances of a Successful Insurance Claim Immediately After an Accident?
Medical Care
Seek medical attention immediately after a bike accident has occurred when possible. First, this helps to ensure that injuries are identified and taken care of. Additionally, it leads to the generation of records that can be used to claim treatment costs.
Evidence
Collect as much evidence as possible on the scene. This may include photos or video recordings that may be relevant.
Contact Details
Get the contact information of all parties in the accident and eyewitnesses who may be able to support the story being told in the claim.
Insurance Companies
Do not interact with any insurance company without the assistance of a qualified legal professional, as such companies will use tactics that can minimize compensation.
Personal Injury Lawyer
Reach out to an Ohio bike accident attorney as soon as possible for advice and assistance in navigating the process.
Schedule a Free Consultation with an Aggressive Ohio Bicycle Accident Attorney Today!
Bicycle accidents can be very life-changing in many negative ways, which makes them taxing physically, mentally, and financially. Don't let negligent drivers get away with hurting you when Schuerger Shunnarah Trial Attorneys can go to war for you! Schedule a free consultation today!