Columbus Bicycle Accident Case Dynamics

With uptown shops and restaurants easily accessible by bicycle and several local parks featuring riding paths, cycling is both a popular hobby and a form of transportation. Unfortunately, some area roadways lack the protections bicyclists need when in proximity to other types of traffic, such as fast-moving cars and trucks. Careless driver behaviors, such as speeding or distracted driving, may result in a rider being injured in an accident.

If you have been injured in an accident, here is a look at the Columbus bicycle accident case dynamics. Bicycle accident lawyer David Bence and the legal team at Bence Law Firm can help you understand more about the process of seeking compensation for the financial and emotional impacts of your injuries.

Establishing Fault After a Bike Crash

The foundation for a successful bicycle accident claim in Columbus is the ability for the injured rider to prove that someone else was at fault. Drivers on public roadways are required to take reasonable actions to avoid causing harm to others. This duty is the first element of proving fault.

Once a claimant has shown that the at-fault driver owed them the duty of care because they were using a public roadway, the next element of fault is showing there was a breach in this duty. The breach is the action (or inaction) the driver took that was contrary to the duty they owed to other roadway users. This may involve failing to properly maintain their vehicle, dangerous driving behaviors, or even a failure to act, such as failing to slow down in areas known to be frequented by bicycle riders.

The final element that must be proven through evidence, such as police reports, witness statements, and crash scene photos or videos, is a direct connection between the driver’s behavior and the injuries that the rider suffered as a result of the accident.

How Can a Bicyclist Take Legal Action After a Crash?

A personal injury claim in a bicycle accident case is typically filed against a relevant insurance policy held by the at-fault party, such as an auto insurance policy with liability coverage of at least the state-required amount of $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $25,000 property damage coverage per accident.

To file a claim, the team at Bence Law Firm first establishes the value of the claim based on the losses incurred by the injured rider. This includes financial losses such as medical bills, lost wages, and even lost earning capacity in cases involving permanent injuries. Claimants can also seek compensation for emotional and psychological impacts, including pain and suffering and loss of one’s quality of life.

Those who are injured in bicycle accidents generally have two options when seeking compensation for the losses they suffered due to a negligent driver. The first option is filing the claim with the insurance company, which will assign an adjuster to review the claim and determine if compensation is owed and how much. However, if the insurance company fails to compensate the claim, it can also be filed as a lawsuit so that a jury can determine if the claimant is owed compensation for their losses. An important case dynamic for Columbus bicycle accident claims is the filing deadline. A claim usually must be filed within two years of the date of the accident, with some exceptions, such as injuries involving minors.

Contact Bence Law Firm to Learn More About Columbus Bicycle Accident Case Dynamics

The process of seeking compensation for a bicycle accident case can be difficult to navigate on your own. Let us help you understand the Columbus bicycle accident case dynamics and the services we can offer to handle your claim. Contact Bence Law Firm today for your free case evaluation.