Pedestrian and Bicycle Accident Lawyers
The most common cause of pedestrian and bicycle accidents are driver negligence and a failure to yield. Some of the most vulnerable Ohio victims face life-altering injuries and enormous financial burdens through no fault of their own. The pedestrian and bicycle accident lawyers at Young, Reverman & Bolotin seek to remedy this through personal injury claims filed against the at-fault drivers.
Hiring our experienced attorneys won’t cost you anything upfront. We are available 24/7 to discuss your case, and we offer free consultations by phone, video conferencing, or in-person meetings. Our law firm has multiple locations throughout the tri-state area for your convenience, but if you can’t come to use, we’ll come to you.
Our Lawyers Have Recovered Millions on Behalf of Our Clients
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At Young, Reverman & Bolotin, our case results speak for themselves.
Were You or a Loved One Injured in a Pedestrian or Bicycle Accident?
If you were hurt in a pedestrian or bicycle accident, don’t absorb the costs of your injuries. After an accident of this nature, the injuries you sustained are likely severe, and can have a long-term impact on your life and your financial well-being. Filing a claim against the at-fault driver helps to hold him or her accountable for the consequences of your accident, preventing you from shouldering the cost of a crash that wasn’t your fault.
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What to Do After an Accident
Knowing what to do after an accident can protect your health and preserve your right to pursue compensation against the at-fault party. There are many elements of an accident and the subsequent claim that are out of a victim’s hands. However, there are some actions that are within a victim’s control that can greatly influence the outcome of a case.
Call 911 & Seek Medical Attention
The top priority after any accident is the victim’s health and safety. Victims should seek emergency medical attention if injuries are severe. Even in cases involving minor injuries, however, victims should still seek medical care as soon as possible. This doesn’t just protect a victim’s well-being. It also draws a connection between the accident and the victim’s injuries.
Document Important Details
The evidence gathered at the scene of the accident is crucial in proving your case. Witness statements and contact details, the information of the other involved parties, photos of the accident scene, and traffic camera footage can all be used together to paint a picture of liability for the insurance company.
Contact the Insurance Company
Once safety and health concerns are addressed, the liable party’s insurance company should be contacted. However, avoid making admissions of fault or formal statements until you’ve spoken with an injury lawyer.
Hire a Cincinnati Injury Lawyer
A Cincinnati pedestrian and bicycle accident lawyer is crucial when filing a claim. He or she can ensure you are protected from the insurance company’s attempts to lowball your settlement offer. He or she can also ensure that you follow state guidelines when filing your claim and build a strong case using the evidence you procured at the scene of the accident.
You May Be Entitled to Damages in a Pedestrian Accident Claim
Victims of pedestrian accidents can recover damages through an insurance claim, similar to other forms of personal injury accidents. As with any other form of tort law case, the injured party in a pedestrian accident claim has the right to seek damages from the liable party. Often, the liable party in a pedestrian accident case will pay these damages through his or her car insurance company. If the victim is partially at-fault for the accident, his or her damages award will be reduced by the degree of fault he or she carries.
Damages in a pedestrian accident claim are similar to those in other personal injury cases. Primarily, victims can recover two types of compensatory damages. In some cases, victims may also recover punitive damages against the at-fault driver.
Damages You Can Recover in a Pedestrian Accident Claim
The damages available in pedestrian and bicycle accident cases are determined based on the losses suffered by the victim. Compensatory damages are the most common in these cases, and they take the form of economic and non-economic damages. These damages cover all the losses a victim suffers, both financial and emotional. When combined, economic and non-economic damages make up a car accident settlement.
Because the value of a settlement is based on the losses a victim sustains, the value of an individual accident claim can vary. Accidents involving more severe injuries will yield higher settlements, whereas minor accidents will have a lower damage award.
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Economic Damages
Economic damages compensate victims for the direct financial costs of a pedestrian or bicycle accident. These are relatively simple to calculate, as they are tied to receipts, billing statements, pay stubs, and other financial documents. In an accident case, victims can recover lost wages, initial medical treatment costs, long-term care costs, prescription expenses, and any other adverse financial outcome stemming from the injury.
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Non-Economic Damages
Non-economic damages are more complicated to quantify. This is because they are tied to the intangible costs of the accident, often representing emotional injuries and circumstantial outcomes. Since they are harder to quantify, non-economic damages are typically calculated based on the economic damages available in a claim. Non-economic damages usually compensate victims for loss of consortium, mental anguish, pain and suffering, loss of enjoyment of life, disability, and disfigurement.
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Punitive Damages
Punitive damages are rare in any type of personal injury claim. This extends to pedestrian and bicycle accident cases. Rather than being awarded with the intention of making the victim financially whole, punitive damages exist to punish the liable party and prevent similar behavior. As such, they are only awarded in cases with extenuating circumstances, such as drunk driving and intentional reckless driving.
Should I Accept the Insurance Company’s Offer?
An initial offer from an insurance company is rarely sufficient to cover the true costs of your injuries. The insurance company’s goal is to protect their bottom dollar–not to make you financially whole. This means an initial settlement offer will be made in an attempt to minimize your damages and dispute your claim. A Cincinnati pedestrian accident lawyer can review your case to determine its actual value and negotiate with the insurance company to secure you a fair settlement.
How to Prove Negligence in Pedestrian and Bicycle Accident Cases
At the core of pedestrian and bicycle accident cases lies the issue of liability. Liability is the basis on which an injury claim is built. Without a liable party, there is no identified source from which to recover damages.
The burden of establishing liability falls on the plaintiff, or claimant. To this end, injured victims must demonstrate the four elements of negligence successfully to have a valid injury case. These elements include duty of care, breach of duty of care, causation, and damages. Each of these elements can be proven using tort law and supporting evidence.
Duty of Care
The foundational element when establishing liability in an Ohio pedestrian accident case is the duty of care. Within tort law, the duty of care signifies an inherent responsibility from one individual to another to avoid causing harm. Drivers on the road have an obligation to fellow drivers, passengers, and pedestrians to operate vehicles in a manner that doesn’t foreseeably cause harm.
While the duty of care remains implicit in many personal injury cases, attorneys can ascribe this responsibility to defendants through establishing foreseeability of harm, proximity between the victim and the defendant’s actions, and fairness in imposing liability. This frequently involves assessing whether the defendant’s actions were reasonable in comparison to foreseeable actions of another driver under comparable circumstances.
Breach of Duty:
Once the duty of care is established, victims must demonstrate a breach of the duty of care, typically achievable with the evidence retained at the accident scene. For instance, if a motorist engaged in distracted, intoxicated, fatigued, or negligent driving, and he or she hit a pedestrian or cyclist, he or she is guilty of breaching the duty of care. Evidence such as photos of potential hazards, cell phone records, breathalyzer outcomes, traffic camera footage, police reports, or eyewitness accounts can help to prove the duty of care was breached.
Causation
Establishing a breach of the duty of care isn’t enough for a case to have merit. Victims must also demonstrate that their injuries directly resulted from the defendant’s negligent driving behaviors. Causation is crucial for a valid injury claim and can be supported by medical records, bills, photographs, and expert testimonies.
Damages
A viable personal injury claim requires evidence of damages suffered by the victim due to the accident. To have an accident case, there must exist losses to recover. Otherwise, there are no financial consequences to remedy. Economic damages can be substantiated using wage statements, medical bills, and receipts. Non-economic damages are supported by witness testimonies, expert opinions, pain journals, and victim testimony.
Common Causes of Pedestrian and Bicycle Accidents in Cincinnati
6,283 pedestrian deaths and 857 cyclist deaths were reported by the National Highway Traffic Safety Administration in 2018 alone. In 2020, Cincinnati saw an increase in pedestrian deaths caused by traffic accidents, with 38 deaths reported that year. 40% of these accidents occur at intersections, where pedestrians are crossing roadways or waiting on traffic signals.
Pedestrian and bicycle accidents can come about under a variety of conditions. However, there are several common causes of these accidents, including:
- Intoxication, whether on the part of the driver, cyclist, or pedestrian
- Failure to adhere to traffic rules, signals, and signs
- Distracted driving, cycling, or walking
- Inadequate lighting
- Lack of sidewalks or crosswalks in high traffic areas
Types of Injuries in Pedestrian and Bicycle Accidents
Pedestrian and bicycle accidents can yield a plethora of injuries that range in severity. Often, these accidents cause more severe injuries due to the vulnerability of the victims when colliding with a vehicle.
Common injuries sustained in pedestrian and bicycle accidents include:
- Neck, back, and spine injuries
- Head injuries, including traumatic brain injuries and concussions
- Broken, dislocated, or fractured bones
- Amputations, scarring, and disfigurement
- Soft tissue injuries
- Lacerations and burns
Pedestrian and Bicycle Accident FAQs
Retaining a Cincinnati pedestrian and bicycle accident lawyer can improve your odds of securing fair compensation. Cases that go unrepresented by attorneys are statistically less likely to receive a favorable settlement. A lawyer can use evidence to build a successful case, calculate the total damages your case includes, and negotiate with the insurance company to ensure any offer you accept reflects the cost of your injuries.
After an accident, the liable party is responsible for paying the victim’s medical bills. This is most commonly achieved through an insurance claim or settlement. Typically, a hospital or doctor will offer a patient initial treatment, and the personal injury settlement will reimburse the medical treatment costs once awarded.
Victims in Cincinnati have two years from the date of the accident to file an injury claim. There are some exceptions to this statute of limitations, however, such as in cases involving minors, incapacitation, or where the discovery rule applies.
I spoke with Mr. Jay Bolton seeking his expertise on a legal matter. He was very professional and resolved this issue for me. He communicated with me and help me tremendously by explaining what to expect next. I would highly recommend Mr. Jay Bolotin to anyone. I totally trust and believe he would do the same for you!
Do You Need to Hire a Personal Injury Lawyer in Cincinnati, Florence, or Lawrenceburg?
For your convenience, our law firm has several law offices throughout the tri-state area.
