When a motorist fails to obey traffic laws, drives while distracted or under the influence of alcohol, or engages in other potentially hazardous behaviors, they may be liable for any injuries they cause. Bicyclists can be particularly vulnerable in these situations.
An Elyria bicycle accident lawyer at Tittle & Perlmuter could help defend your claim if you were hurt by a negligent motorist while riding your bike. Additionally, our personal injury attorneys could get to the bottom of how your accident occurred and seek damages from all liable parties.
Deadline to File a Bicycle Crash Claim in Elyria
State law provides a certain window of time in which individuals injured in a bike crash may pursue a claim for damages. Ohio Revised Code §2305.10 states that injured individuals have two years from when they suffered their injuries to begin lawsuit proceedings against the at-fault party. If an injured cyclist fails to meet this legal deadline, the court may bar them from recovering compensation.
Therefore, if someone suffers injuries in a bicycle crash, they should reach out to a local attorney immediately. Our lawyers could help a claimant comply with the statutory deadline and other filing requirements.
Proving Negligence in a Bike Accident Case
An Elyria attorney must show that the at-fault party was negligent to pursue compensation for an injured bicyclist. This means that an attorney would need to prove that the at-fault motorist owed a duty of reasonable care to the claimant and failed to uphold this legal obligation. Additionally, legal counsel must establish that the defendant’s breach of duty injured the claimant and that this person endured compensable damages as a result.
There are many potential causes of bicycle crashes which could exhibit driver negligence, including distracted driving, speeding, talking or texting on the phone while behind the wheel, or driving while intoxicated.
Shared Liability and its Potential Impact on Damages
In the event of a settlement or compensatory award, an injured bicyclist may be able to recover damages for their pain and suffering, medical bills, lost wages, diminished quality of life, loss of companionship, and more. If, however, the claimant shares liability for the bicycle accident with the at-fault party, this could impact the amount of compensation they may be eligible to recover.
Under OH. Rev. Code §2315.33, claimants may still receive some of their damages as long as they are 50 percent or less at fault. Additionally, any percentage of fault designated to the claimant would reduce their compensation, respectively. For example, if the court reviews the cyclist’s case and finds them 40 percent liable for their injuries, they could still recover 60 percent of their overall damages.
Get Help from an Elyria Bicycle Accident Attorney
Those injured in bike accidents could suffer devastating, long-term harm. As a result, if you suffered injuries and other losses while riding your bike, get in touch with an Elyria bicycle accident lawyer at Tittle & Perlmuter today. Our attorneys could help you determine how to proceed with your claim and explain your options for legal recovery.
