Bike Accident Attorneys Serving Cincinnati & All of Ohio
Riding a bike is an excellent way to stay healthy, save on transportation costs, and reduce your carbon footprint. Unfortunately, bicyclists are vulnerable to severe injuries when involved in collisions with motor vehicles. Tragically, many bicycle accidents result in death as well. According to the Insurance Institute for Highway Safety, the number of bicycle accident deaths has increased by 75% since 2010, reaching nearly 1,100 in recent years.
Common Injuries and Long-Term Consequences of Bicycle Accidents
Injuries that are common in bicycle accidents in Cincinnati and throughout Ohio include:
- Traumatic brain injury (TBI)
- Spinal cord injury (SCI)
- Broken and fractured bones
- Lacerations and road rash
- Soft tissue injuries
- Internal organ damage
Many of these injuries will require immediate and sustained medical intervention, prevent victims from working, and interfere with family and social activities. Throughout a lifetime, severe injuries like TBI and SCI may result in millions of dollars in out-of-pocket expenses.
When you are injured or a loved one is killed while riding a bike, an Ohio bicycle accident lawyer from Burg Simpson can review your case for free, help you understand your options, and guide you toward the best path for seeking compensation.
To schedule a FREE consultation at our Cincinnati office, call Burg Simpson at 513-852-5600 or fill out our online contact form to request an appointment. Our bicycle accident attorneys serve victims of serious injury throughout Ohio.
Ohio Bicycle Accident Statistics
According to the Ohio Department of Public Safety (ODPS), there are over 1,000 bicycle accident-related crashes statewide each year. Most of these accidents occur in more populated areas, like Cincinnati, Columbus, and Cleveland. While rural areas can also see serious bike accidents, the National Traffic Safety Administration (NHTSA) reports that over 80% of fatal bicycle accidents occur in urban areas.
Injury-only crashes are much more common than fatal bicycle accidents. The NHTSA estimates that approximately 45,400 cyclists are injured in bike crashes each year, nearly 1,600 of which occur in Ohio. The most common time for accidents is between 3 p.m. and 7 p.m., most occurring in the summer and fall.
Around 23% of bicycle accidents in Ohio occur at intersections. Many of these involve younger drivers (ages 15-25), though around 14% involve drivers over the age of 65. Adults aged 55-69 suffer the highest rate of fatal bicycle injuries. However, cyclists aged 10-24 suffer the highest rate of serious injury in bicycle accidents.
There are several resources for bicycle accident statistics both nationally and in Ohio. These are interesting to know, but they do very little to help victims of injury or families dealing with a wrongful death get justice. When you are injured or a loved one dies in a bike crash, an Ohio bicycle accident lawyer can investigate the incident to determine liability, calculate damages, and help you seek the full and fair compensation you are due.
Ohio Bicycle Laws and Your Rights
Under Ohio law, bicycles generally have the same rights and responsibilities as motor vehicles. This means:
- Bicyclists can use almost all roads in the state
- Motorists must pass at a safe distance
- Cyclists must obey all traffic signs and signals
- Bikes need to be as far to the right side of the road as possible
For a full review of Ohio’s bicycle laws, see Ohio Laws & Administrative Rules, Chapter 4511.
There is no universal helmet law in Ohio. However, in some jurisdictions, helmet use is required for people under the age of 18. Regardless of the specific helmet law, all cyclists should opt for this increased protection. Helmets reduce the risk of traumatic brain injury by 53% and head injury in general by as much as 83%.
Common Causes of Bicycle Accidents
There are several possible causes of bicycle accidents. Some of the most common include:
Distracted Driving
- Cell Phone Use. Texting, talking on the phone, or scrolling through apps significantly increases a driver’s risk of missing a bicycle’s presence on the road. It is illegal to hold a cell phone while driving in Ohio.
- In-Vehicle Distractions. Adjusting music controls, eating, tending to children, and anything else that doesn’t involve driving places cyclists at risk. So too do hands-free devices such as on-board entertainment systems.
Failure to Yield the Right of Way
- Intersections. Many Ohio bicycle accidents occur at intersections. Drivers may not see cyclists or may fail to yield as cyclists pass through crosswalks and traffic signs.
- Turning Accidents. Left cross accidents happen when drivers making lefthand turns fail to notice oncoming cyclists. Right-hook accidents occur when drivers turn right across a bike lane or when a cyclist is passing on the right.
Dooring Incidents
- Parked Cars. Dooring happens when a driver or passenger opens a car door into a cyclist’s path, giving the biker no time to react.
- Urban Areas. City streets with parallel parking see a higher rate of dooring due to the constant flow of vehicles parking and unloading passengers. Most often this is an accident, but not always. Ohio Revised Code § 4511.70 makes intentional dooring a criminal offense.
Impaired Driving
- Alcohol and Drugs. Operating a motor vehicle under the influence of alcohol, illegal substances, and some medications reduces reaction time, impairs judgment, and significantly increases the risk of hitting bicyclists.
- Fatigue. Drowsy driving can be just as dangerous as drunk driving. It limits a driver’s ability to see and respond to roadway hazards, including cyclists.
Excessive Speed or Aggressive Driving
- Speeding. When a driver exceeds the speed limit, it becomes more difficult to slow down or avoid a bicyclist in their path.
- Aggressive Maneuvers. Tailgating, frequent lane changes, and anger-driven actions behind the wheel can force cyclists into hazardous positions.
Poor Road and Weather Conditions
- Road Hazards. Potholes, loose gravel, broken pavement, or unmarked roadwork can cause a cyclist to lose control.
- Limited Visibility. Rain, snow, or fog can reduce a driver’s ability to see a bicyclist. At the same time, slippery surfaces can make it harder for cyclists to maneuver or stop safely.
Inadequate Driver Awareness of Ohio Bicycle Laws
- Passing Distance. Ohio requires that drivers maintain a safe passing distance when overriding a bicycle. Failing to leave enough space can result in a collision or force a cyclist off the road. In Cincinnati, the safe passing distance for cars is at least three feet.
- Shared Roads. Some drivers may not realize that bicycles have the same rights and responsibilities on most Ohio roads. Unsafe behaviors like honking, passing too close, or swerving can startle cyclists and lead to an accident.
There can be more than one contributing factor in a bicycle accident. A thorough investigation into the specific causes of your accident is key to determining who can be held liable. Your Ohio bicycle accident lawyer from Burg Simpson will carefully evaluate your crash, review the evidence, talk to witnesses, and work to identify who is responsible for your injuries.
Who Can Be Held Liable for Bicycle Accidents?
Determining liability in a bicycle accident often requires looking beyond who struck the cyclist. A variety of individuals, entities, and circumstances may contribute to the crash. These include:
- Negligent Drivers
- Government entities or municipalities
- Bicycle or vehicle manufacturers
- Property owners
- Other cyclists or pedestrians
Identifying every party at fault is important for maximizing your recovery for medical bills, lost wages, and other damages.
What If I Am Partially to Blame for My Bicycle Accident in Ohio?
Data used to inform the Ohio Strategic Highway Safety Plan suggests that cyclists often share part of the responsibility for cycling accidents in Ohio. As an injured cyclist, it is important to know that you can still seek compensation, even when you share fault.
Under Ohio’s Comparative Negligence Law, cyclists who contributed to an accident may still recover damages, but these will be reduced by the percentage of fault assigned to the biker. As an example, under this law, if you were awarded $100,000 but found to be 10% liable, your actual award would be $90,000.
Damages in a Bicycle Accident Claim
Damages an Ohio bicycle accident attorney can help you seek typically fall into two categories:
- Special Damages. Also known as economic damages, these include medical expenses, lost wages, and other losses with an economic impact.
- General Damages. Also known as non-economic damages, these include pain and suffering, emotional distress, and other issues that have an impact on your lifestyle and general happiness.
Special and general damages are known collectively as “compensatory damages.” Punitive damages, also known as exemplary damages, may be awarded in cases where malice, intentional disregard, or gross negligence contributed to the accident.
Your Ohio bicycle accident lawyers can help you seek dollar-for-dollar compensation for economic damages, but non-economic damages and punitive damages are both capped in Ohio. Per Ohio Revised Code § 2315.18, non-economic damages are capped at $250,000 or three times the economic damages, whichever is greater. Exemplary damages are capped at twice the amount of compensatory damages. There are, however, some exceptions to this cap. During your FREE case review with one of the lawyers at Burg Simpson, we can help you determine which damages may apply to your particular claim.
Time Limits for Filing a Bicycle Accident Claim in Ohio
The statute of limitations for bicycle accident claims in Ohio is typically two years from the date of the accident. Missing this deadline can mean losing the right to pursue compensation. While there are some exceptions to the statute of limitations, they are rare. We strongly encourage you to reach out to an Ohio bicycle accident lawyer from our firm before the statute of limitations becomes an issue.
What to Do If You Are in a Bicycle Accident
The aftermath of any serious personal injury can be overwhelming, but taking these steps at the scene increases your chances of being able to recover damages:
- Get help: Call the police or fire department, or have someone else call for assistance if you can’t.
- Exchange information: Get contact information for everyone involved, including any witnesses, if possible. Make sure that includes names, addresses, phone numbers, email addresses, and insurance information.
- Take photos of the scene: Take pictures of your bicycle, any vehicles involved, and the surrounding area, such as the roadway, road signs, and any possible hazards. It is also a good idea to get photos of any injuries you may have sustained.
- Do not admit to anything: Even if you think you may have been at fault, keep it to yourself. Other contributing factors of which you may not be aware could have played a role, and any statement you make could hurt your case in court.
- Do not discuss the accident with anyone: Wait to speak about the circumstances of the accident with the police, and then enlist the services of a bicycle accident lawyer.
What to Do Next
- Seek medical attention: If you have not already received treatment, it is crucial to visit your doctor, an urgent care center, or an emergency room right away. Even if you feel fine, it’s important to get evaluated by a medical professional because some severe injuries may not be immediately apparent.
- Get it in writing: As soon as you can, write down everything you can recall about the circumstances of the incident, while it is fresh in your mind. It’s a good idea to review the information you gathered from parties at the scene while waiting to be seen by a doctor or recuperating at home.
- Call your insurance carrier: File a report with your auto or homeowner’s insurance company as soon as possible. A bicycle personal injury attorney can also help you with these details.
- Do not sign anything: Whether it is your insurance agent or the other party’s insurance representative, do not sign any documents anyone presents to you without consulting with a bicycle accident lawyer first.
How Our Ohio Bicycle Accident Lawyers Can Help
At Burg Simpson, we understand that each client’s situation is unique. Backed by the resources of a national firm, our Ohio bicycle accident attorneys are proud to offer:
Experienced Investigation and Case Building
With decades of experience in personal injury and a diverse team of legal professionals, we have the resources to investigate bicycle accident cases thoroughly. We will pour over police and medical reports, review photo and video data, interview witnesses, and work with experts from various fields to build the strongest foundation for your case.
Personalized Care
Being injured in a bicycle accident is never easy. We prioritize your needs, listen to your concerns, and tailor our representation to address the specific ways your accident has impacted you. We believe in open communication and will always keep you informed of the status of your case, giving you the peace of mind that your case is in capable and caring hands.
Trial-Ready Representation and Proven Results
Many bicycle accident claims settle out of court. However, we never shy away from going to trial if it means a better outcome. The attorneys at our Ohio office have won national and local recognition for their handling of complex court cases.
Burg Simpson has secured more than $2 billion in verdicts and settlements for our clients. While we do everything possible to settle cases before they go to trial, we are ready to take viable cases as far as needed to secure the maximum compensation possible.
Talk to an Ohio Bicycle Accident Lawyer for FREE
If you’ve been injured in a bicycle accident in Cincinnati, Cleveland, Akron, Springfield, or anywhere else in Ohio, we are here to help. Contact us online or call us at 513-852-5600 to schedule a FREE and confidential case evaluation and learn how an experienced Ohio bicycle accident lawyer can help.
