It is almost impossible for bicyclists to altogether avoid sharing the road or an intersection with motor vehicles, even if they mainly stick to bike trails and avoid most public roads. If a motor vehicle hit you while you were riding your bicycle in the Dayton, OH, area, you have the right to seek damages for your medical bills, lost wages, and pain and suffering.
A lawyer with the Fitch Law Firm LLC can help you present your side of the story and use the facts in your case to seek a fair insurance settlement or court award. We can put together a strong case, helping you win the awards you deserve. We offer prospective clients a free consultation so they can learn more about their legal options.
Compensation You Can Pursue After a Bicycle Accident
Our lawyer will help you pursue compensation after your bicycle accident. We must first identify your losses so we can determine what damages you can seek from the party who caused your accident. You could receive compensation for:
Your medical expenses can include emergency medical transportation and treatment and your hospital stay. You also may be able to recover the costs of any rehabilitation and therapy you receive. Medications, medical equipment, and caregiver costs may also be covered.
Lost Wages and/or Work Benefits
This includes temporary or permanent loss of income or a long-term or permanent reduction in your earning ability. You may be able to recover damages for loss of productivity or loss of any bonuses, promotions, or vacation time you were due before your accident.
Pain and Suffering
Bicycle accident injuries can be so severe that they affect one’s mental and emotional well-being. You may be able to recover awards for emotional suffering, mental anguish, or traumatic stress you experienced due to the collision. If your daily life has changed significantly since the accident, you could receive compensation for that.
Damages of this kind are challenging to quantify because they do not come with a dollar amount. Still, they are worth pursuing, and our lawyer can calculate the value of all damages and determine your case’s value.
You could recover financial compensation that can help you repair or replace your bicycle and other equipment that was damaged or ruined in the accident.
Wrongful Death Damages
Bicycle accidents can result in fatalities. If you want to seek action on behalf of a loved one who died from a bicycle accident, we can help you pursue it. If you win your case, the awards you recover could pay for any expenses that you paid out for your loved one, such as:
- Final medical bills, including ones that are pending
- Funeral and burial expenses
- Loss of your loved one’s financial support
- Loss of your loved one’s companionship, protection, or advice
You can learn more about what benefits you could recover in a wrongful death case in Ohio Revised Code (ORC) §2125.02.
For a free legal consultation with a bicycle accidents lawyer serving Dayton, call 614-545-3930
How We Can Help You Seek Compensation for Your Losses
You have the option to hire an attorney after a bicycle accident in which an injury occurs. If your injuries were minor, you may be able to negotiate a settlement with the insurance company for the negligent driver and receive a quick settlement.
However, if the injuries from your bicycle accident are severe, you could be facing a long rehabilitation process, which includes missing work. It can be difficult to perform negotiations with an insurer on your own when you are recovering from your accident. An attorney can do quite a bit of work on your behalf, giving you the representation you need as you seek a fair settlement.
In your case, we will:
Review and Collect Evidence That Supports Your Case
The evidence we will use must show how your accident happened and the extent of your injuries and losses. This evidence can include the accident police report, photos and/or video footage from the accident scene, the vehicles involved, and/or your injuries, witness statements, and other forms of evidence.
Investigate Your Case
If the facts of the case do not completely show the driver of the motor vehicle is fully to blame for the crash, you and your attorney can investigate what happened to strengthen your case and prove the driver’s negligence.
Our attorney can help you figure out a fair amount to demand for your settlement based on such factors as the time you missed work, the medical bills you are facing, and the overall impact of the accident on your life.
Our attorney will take over the negotiations with the liable party’s insurance company or their legal representative, saving you time so that you can focus on your family and healing. We will work on your behalf to receive a fair settlement offer for you.
Represent You in Court
If the insurer refuses to settle, we can represent you at trial, working toward helping you receive a court award that can compensate you for your losses.
Should more than one party be responsible for your injuries, we will work to ensure others become part of the lawsuit, too. If you are ready to explore your legal options in your Dayton-area bicycle accident, you can learn more during a free consultation with us.
Dayton Bicycle Accident Lawyer Near Me 614-545-3930
Can You Afford to Hire a Personal Injury Attorney?
We realize that many people think about cost when it comes to seeking legal services for their injury cases. To address this, we are a contingency law firm, which means we can start on your case as soon as possible without you paying any money to us upfront.
We find that this contingency agreement structure eases our clients’ concerns about paying us, and it allows us to start work for them right away. We also start work for our clients with the understanding that if we don’t win their cases, we do not get paid. If you have questions or concerns about fees or payment arrangements, feel free to reach out to us.
How Negligence Plays a Role in a Bicycle Case
As we build your case for compensation, we must prove the party is indeed responsible for the accident that injured you. There are four conditions we must satisfy to prove liability. The person responsible for your accident must have:
- Owed you a duty of care to act responsibly and keep you safe
- Failed to keep this duty of care to you (This can happen if the driver was speeding, driving while distracted, or under the influence of alcohol or drugs.)
- Caused your accident by failing to act carefully
- Brought compensatory damages upon you as a result of your accident
Multiple Parties Could Be Held Liable
Your case could become complex if it involves more than one party. If the vehicle’s driver hits you while on the clock for their employer, then the driver’s employer may be liable for your accident. In situations like these, the legal term used is vicarious liability, which means a party not present or involved in the accident could be held responsible for it.
Our attorney will identify all parties in your case and seek to hold them accountable. Our team member also understands the law and complexities that come with cases where more than one party is responsible for an accident.
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What Happens if You’re Partly Responsible for Your Accident?
Ohio uses a modified comparative fault model when it comes to recovering damages in an injury case (ORC §2315.33). If you are partly at fault in your Dayton-area bicycle accident, you could seek damages as long as you are not more than 50% liable for the accident.
Any percentage of fault that you are found liable for would be deducted from the compensation you are awarded. We will fight on your behalf to prove the other party caused your accident. Even if you are partly responsible for your accident, you may want to have a lawyer review your situation to determine if you could seek damages.
Ohio Allows You Two Years to Pursue Damages in an Injury Case
Per ORC §2305.10, with limited exceptions, anyone seeking damages in a personal injury lawsuit generally has two years to file their action. If you are filing a wrongful death action, you have two years to file it, per ORC §2125.02. Failure to meet either deadline can cause you to lose your right to seek damages, although there are exceptions to the rules. We can review your situation to see if these exceptions shorten or lengthen your deadline.
Our team can ensure that your case remains on track. The Fitch Law Firm LLC knows how to meet any deadlines you are facing, ensuring the insurance company does not stall and cost you a chance at a fair settlement.
Common Problems Cyclists Face That You Can Use in Your Claim
Bicycle riders face quite a few potential issues when sharing the road with motor vehicles, any of which could lead to a serious accident.
Sometimes, a driver is texting on a smartphone, eating a sandwich, or otherwise preoccupied with something going on in their car, diverting their attention away from the roadway. This behavior can lead to serious crashes.
In a case like this, the driver may not see the cyclist until it is too late to swerve or stop, hitting the bicycle at nearly full speed. This can be devastating to the health of the cyclist, causing broken bones, internal injuries, and head trauma.
When a cyclist is legally crossing the street using the crosswalk at an intersection, the motor vehicle driver has an obligation to stop. By the same token, the motor vehicle driver must yield when the cyclist is riding on the road through an intersection and has the right-of-way.
Failure of the driver to give the cyclist the right-of-way in an intersection could lead to a crash with injuries.
If a motor vehicle operator is driving with a blood alcohol concentration (BAC) level of 0.08% or higher, this driver is violating ORC §4511.19. This BAC level or higher can impair the driver’s judgment, leading them to make mistakes behind the wheel and exhibit negligent behavior.
Let Our Attorneys Work Toward Helping You Receive a Fair Settlement
Because a cyclist does not have the safety of an enclosed motor vehicle, any type of accident can be devastating, creating injuries that may not heal properly and cause a significant reduction in a person’s quality of life going forward.
The dangers on the road to the cyclist are clear. The speed and weight of a motor vehicle can cause significant health problems for the bicycle rider. Consider hiring a lawyer with the Fitch Law Firm LLC to represent your interests in negotiations over a settlement in your Dayton-area bicycle accident. Call us today for a free consultation.