Secure the scene evidence
Vehicle damage, road position, sight lines and any camera that overlooks the intersection. Footage is often overwritten within days.
Cincinnati · Middletown · Hamilton · Dayton
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A driver did not see you, and somehow that becomes your fault. We build the case from what actually happened.
No fee unless we win
Free consultation, no fee unless we win.
No fee unless we win
There is a pattern in these cases that riders recognize immediately. Before the police report is written, before anyone has measured a skid mark, somebody has already decided the cyclist came out of nowhere, was not visible, or should not have been on that stretch of road at all.
Adjusters know the assumption exists and some of them rely on it, because a cyclist who has been made to feel at fault is a cyclist who accepts a small offer quickly.
The answer is not to argue about attitudes to cyclists. It is to establish where each party actually was, what each could see, and what the physical evidence says, and then to make the other side deal with that.
You were riding a bicycle in Ohio and were hurt in a collision with a motor vehicle that was not your fault, or was not entirely your fault. That includes being struck from behind, being cut off by a turning vehicle, and being hit by a door opened into your path.
A bicycle is a vehicle for most purposes on an Ohio roadway, and a rider has the rights and duties that go with that. The practical consequence is that a driver owes a cyclist the same care they owe another driver, and the fact that a collision involved a bicycle does not shift responsibility onto the rider by default.
Comparative fault is usually the real argument. The insurer rarely says the driver did nothing wrong. It says the cyclist contributed, and every percentage point it can attach to you reduces what it pays. That is an argument about evidence, and it is winnable.
The things that decide these cases are the things that disappear quickest.
Vehicle damage, road position, sight lines and any camera that overlooks the intersection. Footage is often overwritten within days.
People who saw it and left their name, and people who did not. A witness who saw the approach matters more than one who saw the aftermath.
Including the ones that present later. Head injuries and joint damage are frequently recorded as minor at the roadside.
Do not repair or dispose of it. The damage to the machine is evidence of the impact and it cannot be reconstructed later.
A significant number of these collisions involve a driver with no insurance or with the minimum policy and injuries far beyond it. That does not automatically mean there is nothing to recover.
Your own motor policy may carry uninsured and underinsured motorist cover that responds when you are hurt by a driver while cycling, and so may a policy in your household. Whether it does depends on the wording, and the wording is worth reading before anybody concludes there is no claim.
General information, not legal advice. Every case turns on its own facts. The only way to know where yours stands is to have someone look at it.
No. Ohio does not require adult cyclists to wear a helmet, and not wearing one does not make a collision your fault. An insurer may still raise it to argue your head injury would have been less severe, which is a medical argument rather than a liability one, and it is answerable with medical evidence.
No. A police report records an officer’s view, often formed quickly and sometimes without the cyclist being well enough to give an account. It is evidence, not a verdict, and it can be contradicted by the physical evidence, by witnesses and by camera footage. Several of these cases turn on exactly that.
It can, and it depends on local rules that vary between municipalities. It is a point worth getting advice on rather than assuming it defeats the claim.
Ohio sets a time limit for personal injury claims, and once it passes the claim is generally lost however strong it was. Shorter periods can apply where a government entity or public vehicle is involved. Ohio generally allows two years from the date a personal injury claim arises to bring it (Ohio Revised Code § 2305.10), and two years from the date of death in a wrongful death claim (§ 2125.02). Shorter notice periods can apply where a government entity or public vehicle is involved, so confirm your own deadline early rather than assuming. General information about Ohio law rather than advice on your own facts.
Nothing. The consultation is free, and these cases are handled on a contingency fee, so our fee comes out of what is recovered. If there is no recovery there is no fee.
The rest of this practice area, in case your situation fits one of them better.
One incident can open more than one claim, and they are handled together here.
They did a great job for me, they explained the process to me until I fully understood it. All I had to do was answer a few questions and they took care of the rest. They were able to win my case for me and I am truly thankful they did.
Casper, Casper & Casper have always done an excellent job for us. We have used them once before and are now using them again and both times they have been super professional and always on top of our cases. Communication is easy and they are friendly and actually seem to care about the case.
I was very pleased with how the firm handled my case. They took care of everything and kept me inform through the entire process. There was not any surprises and the result was what I was expecting. I appreciate the care and time the firm took on my case.
From the get go I was constantly updated with what was going on with my case. Given realistic time frames about how the case should go. If I ever needed to speak with someone about my case I always got a call back quickly. They won my case for me way ahead of time. I feel truly blessed by having the Casper team handling my case. The whole process went through amazingly fast with no pressure on me.
By far, the best Law firm and representative I have ever had. The paralegals the lawyers the whole team is very professional very patient very understanding very kind. Communication is perfect, and I am just so grateful to have came across the Casper team. I 100% recommend them for your legal needs.
From the first day I spoke with Mr Steve Casper he was certain we would win my case. He gave me all the confidence that I needed. It's been a long journey but well worth it. We made it and with a win!! Mr Steve Casper is amazing. Ben his assistant is very nice and very knowledgeable too.
No cost, no obligation, and no fee unless we win.
Free consultation, no fee unless we win.
No fee unless we win