Cycling has seen a steady rise across Ohio in recent years, especially in urban centers like Columbus, Cleveland, and Cincinnati. As more residents turn to bicycles for commuting, fitness, and recreation, the risk of accidents has increased. According to data from the Ohio Department of Public Safety, hundreds of bicycle crashes occur each year across the state, often leading to severe injuries or fatalities.
When a cyclist is struck by a car or truck or injured in a roadway incident, the aftermath can often be physically, emotionally, and financially overwhelming. Understanding what to do immediately after the crash—and in the days that follow—can help protect your legal rights and support any personal injury claim you may file.
Below is a step-by-step breakdown of what injured bicyclists in Ohio should know and do after a crash.
1. Prioritize Safety and Medical Attention
After a collision, the most important step is to get to a safe place—away from traffic—and assess your injuries. Even if you feel absolutely fine initially, adrenaline can mask pain, and some injuries (head trauma or internal bleeding) may not present symptoms right away.
- Call 911 or ask someone to do so on your behalf.
- Accept medical attention at the scene, even for minor symptoms.
- If you're transported to a hospital, ensure that all injuries are documented thoroughly.
Medical records created during this time can serve as key evidence in a future claim.
2. Contact Law Enforcement and File a Report
Ohio law requires a crash report when there is injury, death, or property damage over $1,000. When police respond, they'll file an official report that documents details such as:
- Driver and cyclist statements
- Witness accounts
- Scene conditions
- Potential traffic violations
Always request the report number or instructions on how to obtain a copy later. Even in situations where law enforcement doesn't respond, you should file an accident report with the local police department as soon as possible.
3. Document the Scene and Your Injuries
If you are physically able (or can ask someone else), gathering your own documentation at the scene can be invaluable. Use your phone to capture:
- Photos of the vehicle and bicycle damage
- Skid marks, traffic signals, and road conditions
- Any visible injuries
- The driver's license plate and insurance card
Also, write down your version of events while they are fresh. Small details may become important later, especially if liability is contested.
4. Identify Witnesses and Gather Their Information
Eyewitnesses can offer powerful third-party perspectives in personal injury cases. If anyone nearby saw the incident, get their name, contact information, and a brief summary of what they observed. In some cases, nearby businesses or homes may have security footage that captured the accident—another reason to act quickly.
5. Avoid Admitting Fault or Discussing the Incident Publicly
In the confusion of a crash, it's natural to apologize or accept blame out of politeness. However, statements made at the scene—or even later on social media—can be misinterpreted or used against you.
- Don't speculate about fault
- Don't post details of the accident online
- Don't provide a recorded statement to an insurance adjuster without speaking to a lawyer first
6. Notify Your Insurance Company (and Possibly Theirs)
Even though Ohio follows a traditional fault-based system for auto accidents, cyclists may be covered by their own car insurance under certain provisions, such as uninsured motorist or medical payments coverage.
- Report the incident to your own insurer
- If the driver is identified, their liability insurer may reach out
- Refrain from accepting early settlement offers without legal guidance
Insurance companies often act quickly to minimize payouts, and early offers may not account for the full scope of your injuries and future care needs.
7. Understand Ohio's Comparative Fault Law
Ohio follows a modified comparative negligence rule. This means if you are partially at fault, your compensation may be reduced by your percentage of fault—but if you are more than 50% at fault, you cannot recover damages. For instance:
- If you are found 20% at fault and your damages total $50,000, you could still recover $40,000
- If you're 51% at fault, you recover nothing
Because fault can be assigned based on a combination of behaviors (e.g., driver distraction and cyclist failure to signal), evidence collection and legal representation play a key role in the outcome.
8. Consult with a Personal Injury Attorney
An experienced Ohio personal injury lawyer can help you:
- Investigate the accident and gather evidence
- Communicate with insurers
- Calculate damages (including medical expenses, lost wages, pain and suffering)
- File a claim within the state's two-year statute of limitations
According to the Ohio Revised Code § 2305.10, personal injury lawsuits must be filed within two years of the incident. Waiting too long could mean forfeiting your right to compensation.
Common Damages in Bicycle Accident Claims
Depending on the circumstances, an injured cyclist may be entitled to compensation for:
- Emergency care and ongoing medical treatment
- Physical therapy and rehabilitation
- Loss of income or diminished earning capacity
- Pain and emotional distress
- Property damage (such as bicycle repair or replacement)
In fatal accident cases, families may pursue wrongful death claims for loss of companionship, funeral costs, and more.
Conclusion
Being injured in a bicycle crash can change the course of your life in a matter of seconds. While Ohio law offers a path to compensation, the steps you take immediately after the incident—documenting evidence, seeking medical care, and securing legal support—can significantly affect your ability to recover.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Ohio car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.