Bicycle Accidents in Columbus: Who Is Liable and How to File a Claim
But who might bear liability for an accident you experienced while riding your bicycle in Columbus, and how do you file a claim to prove their fault for your injuries and losses?
Common Causes of Bicycle Accidents in Columbus
Many bicycle accidents occur due to motorists’ negligence, leading to collisions with cyclists. Frequent causes of accidents between motor vehicles and bicycles include:
- Speeding
- Distracted driving
- Driving under the influence
- Failure to check mirrors
- Failure to yield the right of way
- Running stop signs or red lights
- Reckless driving (e.g., excessive speeding, swerving through traffic)
Environmental factors can also cause or contribute to bicycle accidents, including snow or ice on the road, poor road conditions (e.g., potholes, broken pavement), a lack of dedicated bicycle lanes, or inadequate traffic controls.
Who Can You Hold Liable for a Bicycle Accident?
Various parties may bear liability for the injuries that a bicycle rider suffers in an accident. Most commonly, liable parties include drivers whose negligence behind the wheel causes a collision with a cyclist. However, other parties may also share liability for a bicycle accident in certain circumstances, including:
- The at-fault driver’s employer, if the accident occurred in the course and scope of the driver’s employment
- The owner of the at-fault driver’s vehicle, if the owner negligently entrusted their vehicle to the driver
- A bar or restaurant that served alcohol to a visibly intoxicated or underage person who then hit a cyclist in a drunk driving accident
How Comparative Negligence Affects Liability
Depending on the circumstances of a bicycle accident, a cyclist may also share liability with a motorist or other parties. When a cyclist shares responsibility for a bicycle accident, Ohio’s comparative negligence rules can affect liability for the cyclist’s injuries and losses. Under Ohio law, a cyclist may recover compensation if they have a share of fault equal to or less than the fault or combined fault of other responsible parties. However, any share of responsibility that a cyclist bears for an accident can proportionally reduce their financial recovery in a bicycle accident claim.
How Do You File a Claim After a Bicycle Accident in Columbus
The process of filing a bicycle accident claim should begin with seeking prompt medical attention to document injuries sustained in the crash and to begin treatment. Injured cyclists should also gather evidence and documentation to support their injury claim, including witness statements, police accident reports, accident scene photos, camera footage, and medical records. This evidence can help cyclists and their counsel identify liable parties based on who may have caused the accident and the surrounding circumstances. Injured cyclists can also file insurance claims against the at-fault driver’s liability insurance policy. However, before filing any claims, a cyclist can maximize their chances of financial recovery by consulting an experienced attorney, who can help identify all parties who may bear liability and handle the process of pursuing insurance claims or lawsuits. In most cases, an injured cyclist has 2 years from the date of a bicycle accident to file a lawsuit.
Contact Our Bicycle Accident Attorneys for Help Filing an Injury Claim
After you’ve gotten into an accident while on your bicycle in Columbus, you may have legal claims against negligent drivers and other parties. You deserve experienced counsel who can help you secure the financial recovery you deserve. Contact Kitrick, Lewis & Staley-Sladek Co., L.P.A. today for a free, no-obligation consultation with a knowledgeable bicycle accident lawyer to learn more about your rights for holding at-fault parties accountable for the harm and loss you’ve suffered due to a bicycle accident and to get the legal advocacy you need when pursuing a claim against a liable party.
