The Basics of Fault in Bicycle Accidents
When a bicycle accident occurs, one of the first questions that must be answered is who is at fault. In Ohio, as in most states, determining fault is essential to figuring out who is responsible for paying damages. Fault is typically determined by looking at several factors, including traffic laws, evidence from the scene, and witness testimony. In some cases, more than one party may be found at fault. In Ohio, both cyclists and drivers of motor vehicles are expected to follow traffic laws. If a cyclist is involved in an accident while riding their bike, the first step is to determine whether the cyclist or the motorist was breaking any traffic laws at the time of the incident. For instance, did the driver fail to yield to the cyclist, or did the cyclist ride through a red light? These are just a few of the questions that could help determine fault.Ohio’s Comparative Negligence Law
Ohio follows a law called comparative negligence, which can impact how fault is determined in any accident, including bicycle accidents. Under comparative negligence, if both parties share some responsibility for the accident, the damages are divided based on each party’s level of fault. For example, if a cyclist is found to be 30 percent at fault for the accident, while the driver is 70 percent at fault, the cyclist would only be able to recover 70 percent of the total damages. It’s important to understand that even if you are partially responsible for the accident, you may still be able to receive compensation for your injuries.
Dan Ryan
Attorney
Elizabeth Fitzgerald
Attorney
Our objectives remain clear in every case we pursue: To give every client, without delay, excuse or equivocation, our full attention, sound advice and forceful representation.
About Our FirmEvidence That Impacts Determining Fault
When it comes to determining fault in Ohio bicycle accidents, the evidence is key. There are several types of evidence that can help establish what happened and who was responsible. One of the first things that law enforcement officers will do when investigating an accident is to collect evidence at the scene. This might include photographs of the scene, damage to the bicycle and vehicle, skid marks, and other visual clues that can help piece together the events leading up to the accident. In addition to physical evidence, witness testimony can also play a crucial role in determining fault. Witnesses who saw the accident happen can provide valuable information about the actions of both the cyclist and the driver. They may be able to confirm whether the motorist was speeding or whether the cyclist was following traffic laws. Eyewitnesses can often provide a clearer picture of what occurred than relying solely on physical evidence. Another type of evidence that is often used in bicycle accident cases is video footage. If the accident occurred in an area with surveillance cameras or if someone recorded the incident on their phone, that video can be instrumental in showing exactly how the accident unfolded.
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