What to Do After a Bicycle Accident in Ohio: A Step-by-Step Guide

Getting hit by a car while on your bicycle can be disorienting, painful, and an overall stressful experience. Plus, you’ll likely have bicycle damage, but what do you do now?

Knowing what to do after a bicycle accident can make all the difference not only for your health, but also your legal rights and any potential claims you may want to make in the future regarding the accident.

Key Takeaways
Here are the highlights of what you should do following the accident:

• Call 911 and get a police report
• Seek medical attention for your injuries
• If it is safe to do so, document the scene of the accident
• Keep records of your medical treatment

In Ohio, the statute of limitations for filing a personal injury claim is two years from the date of the accident.

Acting quickly is the best way to protect both your health and legal options after the accident. These initial steps are the most crucial in the 24 to 48 hours following a bicycle accident.

Step 1: Get to Safety and Call 911

First, get to a safe spot where you will be out of traffic and away from further danger. If you are hurt badly enough that you cannot get to a safe spot, do not move. Call 911 even if you feel fine after the accident.

The police report will be crucial for your legal case. Additionally, if the other driver involved in the accident is present at the scene of the accident, they are legally required to remain at the scene. If they leave, write down as much information about their vehicle as you can remember.

Step 2: Get Medical Attention Right Away

Go to a doctor right away. There may be internal injuries you do not feel yet, or injuries to your soft tissues or spine. The adrenaline in your system may mask any pain you may feel after the accident.

Additionally, getting medical attention will create a documented report of your injuries that you may need for your personal injury claim. If you are injured but do not get medical attention right away, the insurance company may use this to argue that you were not injured in the accident.

Step 3: Document the Scene

If you can reach a safe spot and appear to be alright, take time to document the accident scene. Here is what to document:

• Photos of the accident location, road conditions, and any signage or signals
• Photos of your bicycle, helmet, and any damaged gear or clothing
• Photos of the vehicle involved, including its license plate
• The driver’s name, contact information, and insurance details
• Names and phone numbers of any witnesses
• The responding officer’s name and badge number, and the report number if available

Even a few pictures taken on your phone will be crucial to present in court or to the insurance adjusters. Do not throw away your bicycle gear or clothing before speaking to an attorney about your rights after the accident.

Step 4: Report the Accident to Your Insurance Company

Report the accident to your own insurance company. However, you shouldn’t report the accident to the insurance company of the driver who hit you until after speaking to an attorney about your case.

Insurance adjusters are experienced in using recorded statements and collected evidence to reduce or deny claims. Getting legal guidance first means you’ll be prepared for those conversations.

Step 5: Keep a Record of Everything After the Accident

Keep a record of everything related to the accident, even in the days and weeks after the accident occurred.

• All medical appointments, treatment notes, and bills
• Prescriptions, physical therapy, and any medical equipment you needed
• Time missed from work and any lost income
• How your injuries have affected your daily life, including pain, sleep, and mobility

Use a folder or your computer to keep track of your records and evidence of your injury. Compiling this information makes it easier for your legal team to support your claim and recover compensation based on the negative effect the accident had on your life.

What Damages Can You Recover After a Bicycle Accident in Ohio?

If another driver was at fault for the bicycle accident, you may be eligible for compensation. The types of compensation include:

• Medical bills
• Lost wages
• Pain and suffering
• Bicycle damage
• Rehabilitation costs

The exact type of damages you can receive will depend on a few factors, including the severity of your bicycle accident injuries, who was at fault, and what kind of losses you suffered as a result.

Ohio’s Statute of Limitations for Bicycle Accident Claims

Under Ohio Revised Code § 2305.10, you have two years from the date of the accident to file a personal injury lawsuit. During this time, you will be able to pursue compensation for your losses. There are limited exceptions to this statute of limitations for minors.

If you do not take action within this time frame, you will lose your right to sue for the bicycle accident that you suffered. Additionally, witnesses or evidence will have disappeared over time, and it will become harder to prove your case.

How YD Legal Can Help

A bicycle accident claim can be challenging for an individual to manage on their own. There are many factors to consider, including medical treatment, insurance communication, and how much your claim might be worth.

At YD Legal, our bicycle accident lawyers in Columbus, OH, work to determine what happened in the accident and the damages you may be entitled to. We will handle communicating with insurance adjusters and help you determine your options.

You can meet our team to discuss your case and how we may be able to help. If you’d like us to review the details of your accident and see if you are eligible for a claim, contact YD Legal to schedule a free consultation without any obligation.

Frequently Asked Questions

What should I do first after a bicycle accident?
First, get to a safe spot and call 911. Even if it seems like a minor accident, getting a police report will help protect your rights. Additionally, get medical attention for your injuries as soon as possible.

Do I need a lawyer after a bicycle accident in Ohio?
You do not have to hire a lawyer to file a claim for a bicycle accident. However, a lawyer can help take care of your claim if the other driver is at fault, and if your insurance company is involved in your claim. A free consultation with a bicycle accident lawyer can tell you more about your options and the value of your claim.

How long do I have to file a bicycle accident claim in Ohio?
In Ohio, you have two years to file a personal injury claim. Additionally, there are limited exceptions for individuals who are under the age of 18. However, evidence can decay or disappear quickly after an accident, so it’s always best to speak with an attorney as soon as possible.

What if the driver says the accident was my fault?
What the other driver says is not the last word for establishing fault in a bicycle accident. In Ohio, fault can be established through the concept of comparative negligence, where both drivers could be at fault for the bicycle accident. Additionally, the evidence will play the most crucial role in establishing who is at fault.

What if I was not wearing a helmet when the accident happened?
Excluding e-bike laws, Ohio does not have uniform state-wide helmet laws for bicyclists. Thus, if you were not wearing a helmet at the time of the accident, that will not prevent you from filing a claim. However, it could potentially be used as a factor in determining your fault or the severity of your injuries after the accident.

What if the driver who hit me does not have insurance?
You may be able to recover compensation in this situation. Your own insurance policy might provide you with uninsured/underinsured motorist coverage in the case of this type of accident. An attorney can work to establish this policy and ensure you are covered.

For more information on bicycle accident law in Ohio or to discuss your case with an attorney, call YD Legal at no cost and with no obligation.