Riding a bike is a great way to get around in Ohio. There are more than 18,000 miles of U.S. Bicycle Routes across the country. Ohio boasts 1,523 miles, making it the state with the most bicycle route miles in the nation. Though the biking infrastructure is solid in many areas, accidents do happen, and it is important to know what to do if you are hit by a car on a bike.
Biking accidents can be traumatic and life-changing. Even if cyclists wear a helmet, most of the body is left exposed, meaning the likelihood of significant injury is high. It is not uncommon for a vehicle driver to fail to look for or see a bike rider, even if they are riding where they are supposed to. If you or someone you know has recently been hit by a car on a bike, there are things you can do to help ensure you receive the compensation you deserve.
Feel free to contact us at (419) 455-1410 to schedule your complimentary case consultation.
I Got Hit by a Car on My BIke – What Should I Do?
No one expects to get hit by a car while riding a bike. It can be scary, unnerving, and painful. You may feel disoriented and need help with what to do. Here are some suggestions on ensuring you are safe after an accident and preserving the necessary evidence to make a case against the negligent driver.
Get to Safety
Move to a safe location away from traffic. If you cannot move because of an injury, try to make yourself as visible as possible to avoid another collision.
Receive Medical Attention
Seek or accept medical attention even if you feel fine because injuries may surface after the adrenaline has worn off. Receiving immediate medical attention also serves as an indicator that an injury occurred at the time of the accident.
File a Report
It is important to have an official police report on file. The report should include details of the accident, such as location, damage, potential fault, parties’ names, and witnesses’ names.
Take Photos of the Scene
Photos can provide evidence of what happened at the accident scene and the extent of your injuries. If you are physically able to and can do so safely, given the location of the accident, take photos of your bicycle, the scene of the accident, and your injuries.
Driver and Witness Information
The police report should contain the information of the other party involved, but it is also a good idea to have it in your possession in case it is improperly documented.
Track All Expenses
Keep a detailed record of all expenses incurred as a result of the accident. This includes medical costs, lost wages, and property damage. These records will become important evidence in an insurance claim or lawsuit.
What Should I Not Do If I Am Hit By a Car on a Bike?
Just as there are some things you can do to strengthen your case and ensure your overall well-being, there are also things you should avoid doing.
Admit or Imply Fault
It is likely that the driver’s insurance company will likely try and place as much of the blame as possible on you. You do not need to lie, but volunteering too much information can give the insurance company ammunition to reduce or deny your claim.
Decline Medical Care
If medical attention is offered, it is important to take it. Declining can imply that you did not sustain injuries, even if you did.
Negotiate with the Driver
To prevent the accident from potentially raising their insurance rates, the driver may ask to negotiate a price to pay you out of pocket. This amount is rarely fair, and the agreement will be difficult to enforce.
Accept a Quick Settlement
Insurance companies may offer you a quick settlement lower than you deserve because they think you will take what you can get. It is important to understand the value of your claim.
Ohio Bicycle Laws
Failing to obey bicycle laws could potentially lead to a conclusion that you were partially responsible for the accident. Helmet use is not a statewide law, though some local ordinances may require helmets for children under a certain age.
According to Ohio law, anyone riding a bicycle on the road must ride as near to the right side of the road as possible and obey all traffic rules applicable to vehicles. No more than two bicycles can ride side by side on the road. Violations may be considered misdemeanors and can lead to fines.
Even if you were partially responsible for the accident, you can still file a claim under Ohio’s modified comparative negligence law as long as you are not 51% or more at fault.
Contact Us
If you were hit by a car on a bike and sustained serious injuries, the attorneys at Besinger Legal Services can help you understand the value of your claim and ensure you do not settle for less than what you deserve. We have years of experience holding insurance companies accountable to provide fair settlements through negotiations and litigation. Reach out to us at (419) 455-1410 schedule your free case consultation.
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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