Columbus Bicycle Accident Statute of Limitations

There are many hazards for bicyclists, including distracted or impaired drivers, areas around town without dedicated bicycle lanes, and busy intersections. When a person is injured in a bicycle accident that was caused by someone else’s carelessness, they generally can seek compensation for the costs and impacts of their injuries by filing a personal injury claim against the liability coverage of the at-fault party’s auto insurance policy. If the insurer fails to compensate the claimant, the injured person may also file a lawsuit, allowing a jury to decide whether they are owed compensation. However, this right depends on the claimant meeting the Columbus bicycle accident statute of limitations. Call our bike crash attorneys to learn more.

What Is a Statute of Limitations, and Why Does It Matter to Your Case?

A statute of limitations is a legal deadline for filing a complaint in court. Like other types of personal injury claims, bicycle accident lawsuits usually must be filed within two years. Once the statute of limitations has expired on the Columbus bike crash claim, the insurance company is no longer obligated to resolve it, and the court will almost always decline to hear it. This means that the injured party will lose their right to seek compensation for expenses such as medical bills, lost wages, and loss of future earning capacity, as well as impacts such as pain and suffering or loss of the enjoyment of life.

Are There Exceptions to The Statute of Limitations for Bicycle Accidents?

While the standard deadline of two years applies to most bicycle accident claims in Columbus, there are some exceptions. One exception concerns claims involving injuries to minors. This is because children under the age of 18 are unable to file legal claims on their own. Instead, either their parents must file the claim on their behalf, or the statute of limitations is tolled until their 18th birthday, at which point they have two years to file the claim themselves.

Another time an exception to the statute of limitations may be granted is when the injured party is suffering from mental incapacity and cannot file the claim within the two-year deadline. The statute of limitations may also be tolled if the defendant in the case fled the state to avoid being sued over the matter. Certain cases may also have an extended deadline if the claimant was not immediately aware that their injuries were the result of someone’s negligence, such as if it was later discovered that the accident was caused due to a problem with how the bicycle was manufactured.

Some bicycle accident cases have a shorter deadline. These cases generally involve claims against a municipal government. 

Questions About the Columbus Bicycle Accident Statute of Limitations? Contact Bence Law Firm

One of the important services Attorney David Bence and the legal team at Bence Law Firm regularly provide when handling bike accident cases is the protection of the claimant’s rights to use the courts to resolve their claim if needed. We do this by gathering evidence and documentation, valuing the claim, and negotiating with the at-fault party’s insurer well before the Columbus bicycle accident statute of limitations. 

The claims process is often a confusing one for those who are not educated in the law. Let a member of the Bence Law Firm team help you understand your rights and provide answers that you have about your case. Contact us today for your free case evaluation.