A traffic accident is a bicyclist’s worst-case scenario. Riding a bicycle on a public street leaves a person vulnerable, even if they wear a helmet. Drivers have a duty to recognize this vulnerability, ensuring that there are no bicycles approaching an intersection before they make a left turn and by having plenty of space to drive around a cyclist before attempting to pass them.
If you have received an injury in a bicycle accident, or if a family member was hurt or even killed while riding a bicycle in Sandusky, one of your first steps should be to find out what sort claim you should file to recover damages. An accident that caused a death may justify a wrongful death lawsuit, and one that caused injury to the cyclist could justify a negligence claim to cover property damage, medical bills, lost wages, or other losses. If you had an accident while riding a bicycle, you could learn how to pursue compensation for harm by getting in touch with a Sandusky bicycle accident lawyer.
Obeying State and City Bicycle Operation Laws
Generally speaking, the bicycle laws in Ohio Revised Code §4511.53-56 apply throughout the state and are reflected in the Codified Ordinances of Sandusky, Ohio, though some variation between state and municipal bicycle laws may exist.
Some of the rules included in these laws are:
- Riding with a visible light after dark
- Sitting on the designated bike seat while operating on the road
- Operating with no more riders than the bike was designed for
- Riding as far to the right on the roadway as possible
- Never riding more than two abreast in a single lane
Contributory Negligence
When a bike rider is involved in an accident, however, their failure to obey any of the laws does not necessarily preclude the recovery of damages for bodily injury, property injury, loss of life, or other harm suffered. Under the contributory fault law in Ohio, a plaintiff who is partially at fault for an accident may recover damages for other parties’ negligence as long as the plaintiff’s own negligence does not exceed the combined negligence of other parties.
The proportionate share of each party’s fault may be determined at trial and limits the extent of damages they can recover. For example, a plaintiff who is deemed to be 25 percent at fault can collect damages from a defendant who is 75 percent at fault, but they can only collect 75 percent of the calculated damages. A bicyclist who suffers injuries from an accident, even if they bear some responsibility, could benefit from a consultation with a Sandusky bicycle accident lawyer on the extent of the damages potentially available to them.
Statute of Limitations and Exceptions in Injury Lawsuits
Under Ohio Code §2305.10, someone who seeks civil damages for either bodily injury or injury to personal property has two years from the date an accident takes place to file a lawsuit. Someone who is under 18 years old has two years from the date they turn 18, and someone of unsound mind may bring a claim within two years from the date they potentially return to a condition of sound mind. A bicycle accident attorney could help manage a case for those who are otherwise unable to handle it on their own.
Sandusky Bicycle Accident Lawyers Are Ready to Help
If you received an injury in a bicycle accident, do not overlook an opportunity to recover damages you could receive. Discuss your case with a Sandusky bicycle accident lawyer to find out what sort of claim you could file, the possibility of collecting damages, and what sort of damages you may be owed. Call the law office of Tittle & Perlmuter so that you can proceed to make an informed choice.
