Bicycle & Pedestrian Accidents

Bicycle & Pedestrian Accidents

Bicycle & Pedestrian Accident Attorneys Columbus OH

Bicycle & Pedestrian Accidents

No matter how careful you are, the road is one of the most dangerous places for a person to be, whether they’re on a bicycle or on foot. The National Highway Traffic Safety Administration recorded 726 cyclist deaths and 4,884 pedestrian deaths in accidents with motor vehicles in a recent year. A driver’s split-second mistake can cause a cyclist or pedestrian to suffer a traumatic brain injury, spinal cord injury or worse.

  • From the moment I walked into Mark Kitrick’s office until the day my case was settled, I was impressed by the high degree of professionalism he demonstrated and grateful for the compassion he showed. The way he managed my case was simply outstanding. Mark Kitrick was able to successfully handle a complex situation that involved litigation in two states. In the process, he made a heartbreaking situation more bearable.
    Jean W.

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Columbus Bicycle Accident Attorneys

Bicyclists are subject to the same traffic laws and regulations as motorists, but this legal equality does not always translate to equal treatment on the road. Many bicycle collisions in Columbus can be traced back to a few common driver errors:

  • Lack of awareness: Failing to check mirrors and blind spots before making turns or changing lanes.
  • Following too closely: Leaving no time for cyclists to react when they slow down or swerve around hazards.
  • Reckless driving: Speeding through residential areas and designated bike routes.
  • Operating a vehicle while under the influence of alcohol or drugs.

The Numbers Keep Climbing

NHTSA’s most recent data shows a trend moving in the wrong direction. In 2023, 1,166 cyclists were killed nationwide, a 57% jump over the previous decade, even though overall traffic deaths increased by only about 25% over that same period.

Ohio Law Gives Cyclists Real Rights on the Road

Ohio Revised Code § 4511.55 treats bicycles as vehicles. Cyclists do not have to hug the curb. The statute requires riding “as close to the right side of the road as practicable”, and it recognizes that potholes, parked cars and narrow lanes can make the edge of the road unsafe.

Drivers also have duties. Under § 4511.27, a motorist passing a bicycle must leave at least three feet of clearance. Under § 4511.70 (C), opening a car door into moving traffic is illegal and is a leading cause of “dooring” collisions on High Street and throughout the Short North. More information can be found on our page about dooring accidents and cyclist’s legal rights.

Our Experience Representing Columbus Cyclists

Our firm has successfully represented the family of a cyclist who was killed in 2010 after being struck by a pickup truck. We have also represented families and survivors in other high-profile cases involving bicycle injuries and deaths, and we apply the same level of preparation to each case, regardless of its size.

Columbus Pedestrian Accident Attorneys

Pedestrians face even steeper odds. The NHTSA recorded 4,884 pedestrian deaths in traffic crashes in 2014. By 2023, that number had climbed to 7,314 deaths. Pedestrians and cyclists now account for more than one in five traffic fatalities nationwide.

If a motorist’s negligence causes your injury, our attorneys can handle your personal injury or wrongful death claim. We have handled many high-profile pedestrian deaths and injuries and are well-versed in analyzing the laws and damages that apply.

Who Has the Right of Way?

Ohio Revised Code § 4511.46 requires a driver to yield to a pedestrian in a marked or unmarked crosswalk when the signals aren’t controlling the intersection. That duty doesn’t disappear just because the pedestrian stepped off the curb before the driver expected it.

Common Pedestrian Accident Scenarios in Columbus

  • A driver turning across a crosswalk without checking for pedestrians who are already in it.
  • A vehicle backing out of a parking lot or driveway near High Street, the Short North, or the campus.
  • A distracted or speeding driver who fails to stop for someone who is in a marked crosswalk.
  • Missing sidewalks that force someone to walk closer to traffic than they would ideally like.

How Fault and Compensation Work in Ohio

Ohio’s Comparative Negligence Rule

Ohio follows a modified comparative negligence rule under R.C. 2315.33. If you are found to be 50% or less at fault, you may still recover damages, but they will be reduced by your share of the fault. If your fault is 51% or more, Ohio law completely bars recovery. Insurance adjusters are well aware of this rule and often try to place blame on the injured cyclist or pedestrian in order to reduce their liability.

You Don’t Have Unlimited Time to File

Ohio gives injury victims two years from the date of the accident to file a personal injury lawsuit under R.C. 2305.10. Families seeking compensation for wrongful death have the same two-year period under R.C. 2125.02 starting from the date of death. If you miss this deadline, your claim is usually gone for good regardless of how clearly the driver was at fault.

Columbus’s Vision Zero Push Matters to Your Claim

The city’s Vision Zero initiative in Columbus has mapped a “High Injury Network”, the small number of city streets where disproportionate numbers of fatal and serious injury accidents occur, and committed to building 25 miles of new bike lanes and 25 mi of new sidewalks by 2028. If the design of a road contributes to an accident, whether it’s due to a missing crosswalk, unprotected bike lane or poor visibility, that context matters when making a claim, especially when the city’s safety data has already flagged the risk.

Why Columbus Families Trust Kitrick, Lewis & Staley-Sladek Co., L.P.A.

Our firm is solely focused on cases involving serious personal injuries and wrongful deaths, bad products, medical malpractice, and class action lawsuits. We understand the overwhelming nature of suffering a serious injury or tragic death, and then navigating the confusing legal system. We are at your side from the beginning, working to ensure you receive close personal attention.

Our team of four highly respected attorneys bring a combined 96 years of experience in personal injury law. We are recognized by Best Lawyers and Super Lawyers, and we handle bicycle and pedestrian injury cases on a contingency fee basis. You don’t owe us anything unless we recover for you.

  • From my first meeting with Mark Kitrick, I had total confidence in him and trusted him to guide me through this unfamiliar process of litigation. Because I am a woman of faith, it was incredibly important to me to have a person of integrity and character represent me. I found that with Mark. Until you go through something like this, you may not understand how important it is to be guided in the right direction. Mark Kitrick’s manner is so gentle, yet highly professional. He is approachable, and very sensitive to what you’re experiencing. You think of him as a friend who is looking out for you and will always keep your best interests in mind.
    Patti E.

What to Do After a Bicycle or Pedestrian Accident in Columbus

  1. Call 911. Get medical help on the way and make sure a police report gets filed.
  2. See a doctor, even if you feel fine. Head and spinal injuries in particular don’t always show symptoms right away.
  3. Get the driver’s information (name, license plate, and insurance) if you’re physically able to.
  4. Photograph the scene before it changes: vehicle position, road conditions, your injuries, and any nearby crosswalk markings or signage.
  5. Avoid giving a recorded statement to the driver’s insurance company until you’ve spoken with an attorney. Anything you say can end up being used to reduce your claim.
  6. Call our office for a free consultation before Ohio’s two-year filing deadline sneaks up on you.

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Injured While Biking or Walking in Columbus? We Can Help

Our team of four experienced attorneys brings a combined 96 years of knowledge and expertise in personal injury law. We are here to help you. Contact us today for a consultation.

Common Bicycle & Pedestrian Accident FAQs

Usually, the at-fault driver is responsible, but liability can also extend to the driver’s employer if the accident occurred on the job. A vehicle owner who loaned a car to an unlicensed driver, or a government agency if road design or lack of maintenance played a part.

Yes, as long as your share of fault does not exceed 50%. Your compensation is reduced by your percentage of fault, but it is not eliminated unless you exceed that 51% line.

Generally, two years after the accident for a personal injury claim and two years since the date of death for wrongful death claims. Some circumstances may shift that time frame, so talk to a lawyer as soon as possible.

No. Ohio has no statewide helmet law for cyclists of any age. However, not wearing a helmet can still be a point that the insurance company will raise in a discussion about damages.

A hit-and-run makes the case harder, but not impossible. The police may identify the driver through traffic cameras, witnesses, or debris left behind. If the driver is never found, your own uninsured motorist coverage may still apply.

Yes. Crossing the mid-block does not automatically bar a claim. It is a factor in the comparative negligence analysis, not an absolute defense, and a driver still has to exercise due care.

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