Key TakeawaysA bike ride across Dayton should end in your driveway, not in an emergency room. Ohio State Highway Patrol crash data records 7,485 bicycle-related crashes statewide, and behind each one is a real person dealing with medical bills, missed work, and calls from an insurance adjuster. Now you want to know whether a bicycle accident lawsuit is even an option for you. You may have a case when another party’s carelessness caused the crash and your injuries, even when you carry a smaller share of the blame.
At Dyer, Garofalo, Mann & Schultz, we can help you understand where you stand and what your next step should be.
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Most bike crash cases start as an insurance claim. A claim turns into a bicycle accident lawsuit when the insurer denies responsibility, questions how badly you were hurt, or offers far less than you need. You generally have to show three things: someone owed you a duty of care, they failed to meet it, and that failure caused your injuries.
Think of the driver who turned left across your path or passed too close to you near an I-75 or I-70 interchange. A crumbling road or a defective brake can also bring a property owner or manufacturer into the picture. A serious Dayton crash typically ends up in the Montgomery County Court of Common Pleas, but first we have to prove who caused it.
Fault is usually one of the first questions an insurance adjuster examines, and that review often includes your own actions. Did you have a light at dusk? It is not personal. It is business, because every point of fault assigned to you lowers what the insurer pays. Ohio Revised Code Section 2315.33 allows you to recover as long as your share of fault is not greater than the combined fault of everyone else, and your award drops by your percentage. Found 20% at fault, you still recover 80% of your damages. Found 51% at fault, you recover nothing. That line is why Ohio’s traffic laws matter in a bike accident claim.
As a cyclist, you have a legal right to share Ohio roads, and drivers have to respect it. Under Ohio Revised Code Section 4511.27, a motor vehicle passing a bicycle or electric bicycle must do so at a safe distance, and three feet or greater counts as safe. A driver who passes you too closely on a narrow road outside Springfield and clips your handlebars has likely broken that rule. Witness accounts, dashcam video, or the damage to your bike can help prove it.
Contact us online or call us at 1.937.222.2222 for a free case evaluation.
Once the fault is clear, the focus shifts to what you have lost. Economic damages cover costs such as emergency care, surgery, lost wages, and repairs or replacement of your bike. Non-economic damages cover what no bill shows, like pain, scarring, and the activities you can no longer enjoy. No attorney can promise a specific result, but careful documentation can help every loss get counted.
The choices you make in the first days after a crash can shape how your bicycle accident lawsuit unfolds. Here is where to start:
Under Ohio Revised Code Section 2305.10, most bodily injury claims, including those tied to a defective bike part, must be filed within two years of the injury.
You did not plan for this crash, and you should not have to determine the next step alone. At Dyer, Garofalo, Mann & Schultz, our team can review what happened, explain your options under Ohio law, and give you an answer about whether a bicycle accident lawsuit fits your situation. Contact us today at 1.937.222.2222 for a free consultation.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 30 years of legal experience as a practicing personal injury attorney.
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