Who is liable in a car vs bicycle collision

If you are involved in a bicycle accident in Ohio, it can result in severe, often fatal injuries. When you or your representatives file a claim, it involves many of the same components as any motor vehicle accident. Negligence is often the cause or contributing factor, whether on the part you or the driver. Traffic laws and the rules of the road apply to drivers and cyclists alike. Each has the duty to exercise ordinary care for themselves as well as others on the roadway. At Cubbon & Associates, Co., L.P.A., we understand that if you were on a bicycle that collided with a car, the driver might be liable.

To recover damages for injuries sustained in an accident, recklessness or negligence must be proven. For claims alleging negligence, you must show that the driver violated the rules of the road by not acting with care towards others. Examples of negligence include the following:

  • Drifting into a bike lane
  • Ignoring a stop sign
  • Not giving the right of way to a cyclist

When these actions are purposeful, disregarding the safety of others on or near the road, it is considered reckless endangerment. It is “negligence per se” if a traffic violation is cited at the time of the accident. Drivers must prove they are not responsible for the cyclist’s injuries in these circumstances.

State laws allow bicycles on most Ohio roadways, and they must follow the same rules as motorists. However, there are no age limits or minimum requirements for riding a bike on the road. Regardless of age, bicyclists are incredibly vulnerable in a collision with an automobile.  More information regarding this topic is available on our webpage.

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