Ohio is home to several large cities and dense urban areas. While bicycling can be a convenient way to get around, Ohio roads rarely have bicycle lanes. These uninviting roads, combined with other factors such as distracted driving, make cycling in Ohio dangerous. Over 1,000 bicycle accidents occurred in Ohio in 2022, including seven fatalities and hundreds of injuries.
Victims of bicycle accidents may be entitled to compensation for their injuries. Bensinger Law has litigated many of these cases and understands the unique circumstances surrounding the average settlement for bicycle accidents in Ohio. Speak with our firm to see if you are eligible for compensation.
Please don’t hesitate to contact us today either by ringing (419) 455-1410 or by reaching out to us through our contact form.
Is There an Average Bike Accident Settlement in Ohio?
Accidents involving cyclists do not have a typical settlement amount. Each accident is unique and comes with factors that determine how much the victim can receive.
Moreover, settlements are voluntary. A plaintiff can’t expect a settlement because the defendant is not required to pay one. Instead, the plaintiff and defendant negotiate on a settlement amount that is suitable for them. While rare, a defendant may refuse to pay a settlement and take the case to trial.
Lastly, it’s hard to determine the average settlement for a bicycle accident because most settlements are usually never made public. Personal injury settlements are typically confidential, where the defendant pays the plaintiff but neither party may discuss it.
What Damages Can You Recover in a Settlement?
The circumstances surrounding the accident can determine how much you receive.
Common factors that affect bicycle accident settlement amounts include:
- Medical bills,
- Property damage,
- Lost income,
- Pain and suffering,
- Disfigurement, and
- Wrongful death.
While these damages are often difficult to calculate, an experienced attorney can help determine their value. Giving your lawyer documents like receipts, pay stubs, and photographs can help them during this process.
Factors That Can Lower Your Settlement Amount
When filing a lawsuit, be aware that some things can lower your cycling accident compensation. Some of these factors are in your control, so pay close attention to ensure you maximize your settlement offer.
Comparative Negligence
Ohio law uses a comparative negligence system. Under this system, the parties of an accident can share fault. If you are partially at fault for the accident, your settlement amount can be reduced by that percentage of fault. If you are at least 51% at fault, you likely can’t receive any compensation.Â
Failure to Seek Prompt Medical Attention
Delaying or forgoing medical treatment after a bicycle accident can harm your case. Insurance companies may argue that your injuries were not severe or were caused by other factors. Even if you feel fine after an accident, visit a doctor for an evaluation. This will help ensure you receive proper treatment for your injuries and can document them accordingly.
Lack of Evidence
Inadequate documentation of the accident and your injuries can diminish the strength of your case. The other side will argue that there is no proof linking the accident to your injuries. You can strengthen your claim by collecting evidence such as photographs, witness statements, and medical records.
Statute of Limitations
Ohio law requires people to file lawsuits within certain time periods. For personal injury claims, you only have two years from the date of the accident to file a lawsuit. A court may reject any claim filed after this deadline.
How Bensinger Legal Can Help
Working with an attorney is vital for getting a bicycle accident settlement. Bensinger Legal is here to guide you through the complexities of the legal process. We are familiar with the factors that impact the average bicycle accident claim payouts and can help you achieve the best results for your case.
Bensinger Legal offers:
- Legal knowledge. Aaron has a deep understanding of Ohio’s laws related to bicycle accidents. He will apply them to your case to prove liability for your injuries.
- Investigation and evidence collection. Our team thoroughly investigates your case to maximize your claim. We collect crucial evidence and work with experts when necessary to build a strong case that insurance companies can’t ignore.
- Negotiation skills. Aaron speaks with insurance companies for you and will demonstrate how the defendant is liable. He will negotiate a fair settlement that compensates you for your damages.
- Litigation experience. Not all cases go to court. But if needed, we have the litigation experience to take your case to trial and advocate for your rights.
On top of all this, Aaron will offer personalized guidance during this process. We understand the stress that comes with filing a lawsuit while also recovering from an accident. Aaron will take on as much of this stress as possible so you can focus on getting better.
Schedule Your Free Consultation
Bensinger Legal has recovered millions of dollars for our clients after personal injury accidents. If you have a claim, schedule a no-cost meeting with Aaron. He will discuss the merits of your case and if it might fall within the average settlement for bicycle accidents. Feel free to reach out to us today either by calling (419) 455-1410 or by getting in touch with us via our contact form.
Aaron L. Bensinger is an Ohio attorney serving personal injury and civil litigation clients. He has extensive trial experience and makes client service is his primary focus. As a partner at Balyeat, Leahy, Daley, Miller & Bensinger, LLC, Aaron happily works in Lima, OH, and serves the entire Northwest region of the state and beyond.
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