Who Is Usually at Fault If a Bicycle Is Involved in an Accident?

Popular perception might suggest that bicycle accident fault often lies with the cyclist. However, older studies from the U.S. and newer studies from countries with similar driving and bicycle culture, like the U.K. and Australia, suggest that most bicycle accidents are actually caused by the drivers of larger vehicles.

There were 1,337 bicycle accidents in Ohio in 2024, many of which resulted in serious, life-long injury. Tragically, some resulted in fatal injury as well. Certainly not all of these were the fault of drivers, but far too many were. Properly determining bicycle accident fault helps ensure the right parties are held accountable and injured cyclists are able to recover the compensation they deserve. The Ohio bicycle accident lawyers at Burg Simpson are here to help.

Contact Burg Simpson for a FREE Bicycle Accident Injury Consultation

If you or someone you love has been injured in a bicycle accident, call the Cincinnati office of Burg Simpson at 513-852-5600 to schedule a FREE consultation. We help injured cyclists in Akron, Cleveland, Columbus, and throughout Ohio seek fair and full compensation for catastrophic injuries.

Leading Causes of Bicycle Accidents in Ohio

The top causes of bicycle accidents in Ohio include:

• Failing to Yield. A number of serious bicycle accident injuries occur when the drivers of larger vehicles fail to yield to oncoming cyclists.
• Dooring. Occasionally accidental (but sometimes inexplicably intentional), dooring occurs when a driver opens their door in a cyclist’s path, forcing a collision or a fall.
• Distracted Driving. Distraction from smartphones, on-board electronic systems, eating and drinking, and other sources is a leading cause of serious and fatal bicycle accidents.
• Drunk Driving. Intoxicated drivers have difficulty reacting in time to cyclists.
• Tailgating. Like dooring, this behavior is sometimes intentional, and always extremely dangerous.
• Environmental Conditions. Low visibility, inclement weather, unmaintained roads, and similar hazards can exacerbate the severity of a bicycle crash.

Protect Yourself from Serious Bicycle Accident Injuries

Bicycle accident fault often lies with the drivers of larger vehicles. Inattentional blindness is a leading cause. While you cannot force a driver to pay attention to cyclists, you can reduce your risk for serious harm by:

• Staying Visible. Use lights and reflectors on your bicycle and wear clothing that is easy to see.
• Riding with Traffic. When possible, use the 3,000+ miles of dedicated bicycle lanes and paths in our state. When no lane is available, ride in the direction of traffic.
• Obeying Traffic Laws. In Ohio, bicycles are traffic. Cyclists are required to follow the same rules of the road as all motorists.
• Using Appropriate Gear. Wear a helmet and use safety gear appropriate for the activity.

Even the safest cyclist cannot always avoid being hit by a negligent driver. When this happens, having a bicycle accident lawyer on your side can help make sure you are not saddled with the blame.

How Is Bicycle Accident Fault Determined?

Several factors can contribute to a bicycle accident. Identifying the cause is essential for assessing bicycle accident fault. Having an injury attorney conduct an investigation is one of the most reliable ways to ensure fault is accurately placed.

Depending on the available evidence, to determine bicycle accident fault, your lawyer may review:

• Police crash reports and citations
• Traffic-cam, dash cam, or surveillance video
• Event data recorders and cell phone metadata
• Scene evidence such as skid marks, crush damage, and debris spread
• Witness statements

When necessary, an accident reconstruction expert may be brought in to uncover all possible causes, allowing your bicycle accident lawyer to make sure no stone is left unturned.

At Burg Simpson, we leverage our resources as a national law firm to conduct thorough investigations into cycling accidents. With more than 45 years of experience helping injured Ohioans, we know how to hold drivers who hurt cyclists accountable.

What If Bicycle Accident Fault Is Shared?

Ohio follows a modified comparative fault rule (see O.C.R. § 2315.33). Under this rule, if you are found to be:

• ≤ 50% at fault, you can still collect damages.
• >50% at fault, you cannot collect damages.

If you share a portion of the blame, but less than 50 percent, any damages you are awarded will be reduced by the same percentage. For example, if you are awarded $100,000 and found to be 20% liable, your damages would be reduced by 20%, and you would receive $80,000 instead.

Just like your lawyer will investigate to determine where fault should lie, defense attorneys and insurance adjusters will be doing the same, only they will be looking to pin the blame on you. When you have already suffered a serious injury, this is beyond insulting.

At Burg Simpson, we stand between our clients and the defence lawyers and pushy insurance companies who would cheat them out of fair compensation. We will fight to protect your rights and best interests as we seek to hold those responsible for your suffering accountable for their actions.

How Much Time Do I Have to File a Bicycle Accident Claim in Ohio?

Bicycle injury claims in Ohio typically fall under a two-year statute of limitations. There are some exceptions to this law, most notably for people under the age of 18. If you are injured as a minor, you may have until your 20th birthday to file a claim.

Children do not account for a disproportionate number of bicycle accident victims, but their injuries tend to be more severe, even life-threatening. Many of these injuries come with ongoing expenses and other damages that only manifest as the victim ages.

Even if you think your time limit to file a claim has expired, it is a good idea to talk with a qualified lawyer. Besides the exception for minors, other exceptions may still give you the right to file a claim after the initial statute of limitations has passed.

Burg Simpson Supports Injured Cyclists

When the finger-pointing over bicycle accident fault starts, Burg Simpson is here to provide the support you need. We will investigate your claim, identify all liable parties, and help you seek every penny you are due.

Burg Simpson offers:

• Results that Matter. We have secured more than $2 billion in verdicts and settlements for our clients.
• Proven Trial Attorneys. Our lawyers take cases to trial…and win. Some of our Ohio lawyers have been ranked among the Top 100 Most Influential Lawyers by the National Trial Lawyers.
• Swift Investigations. Our lawyers get to work right away, investigating accidents while evidence and memories are fresh. We work with crash-reconstruction experts to analyze every angle of bicycle crashes.
• Fearlessness. We have decades of experience negotiating with powerful insurance companies. We also know when talks have reached their end and will pursue a trial if a settlement cannot be reached. We do not get intimidated, and we do not back down.
• Focus on Clients. From being available at all times to keeping your needs at the forefront of our representation, our entire focus is on you.

We operate on a contingency fee basis. We cover upfront costs and do not charge a fee until after we have secured compensation on your behalf. During your FREE case consultation, we can discuss this fee, our firm, and assist you in determining how to move forward.

Contact Us for a FREE Consultation

Determining bicycle accident fault can be tricky. Left up to the other side, you may be cheated out of what you are owed. Our Cincinnati bicycle accident lawyers are here to look into your crash, apply our decades of investigative experience to identify the cause, and work to make those who hurt you pay for their actions.

Use our online contact form to get in touch today. Your initial consultation is FREE of cost and obligation, giving you a chance to ask questions and decide if filing a lawsuit is right for you.