Friend was riding a bikcycle in Bellbrook Ohio area 7-7-2012, car pulled up, yelled get off the road, proceeded to pass, hit the brakes coming to a full stop. Bicycle hit the back of the trailer bing towed. Caused some injuries. Driver was cited for no brake lights. Is this all there is to a road rage situation?
2 Answers from Attorneys
I hope that your friend was not seriously injured! The friend may have a claim for damages which could include the cost of repairing the bicycle, medical expenses, and compensation for any injuries. Pain, suffering, loss of ability to earn, lost wages, etc. This case is not as simple as one might believe. There are time limits for bringing actions for damages caused by someone's negligence. That is generally 2 years in Ohio (unless it is medical negligence which is only 1 year) If the claim is that someone intentionally caused injury, it may be a battery which is only one year.
Your question suggests that the real concern is that the police only issued a traffic ticket. The police charge what they believe the facts that can be proven will support. If a case goes to court, the prosecutor has to prove the elements of the offense beyond a reasonable doubt. In this case, I am sure that the statement given by the driver of the other vehicle is not quite the same as the facts that you have provided. Most likely, even if the police believe that a more serious offense occurred, the conflicting statements mean no chance of a conviction.
The fact that the police did charge for no brake lights on the trailer should make it easier for your friend to collect for damages. Normally, rear end collisions are difficult to win if you are the person who collides with the vehicle in front of you.
Your friend should talk directly to an attorney asap. Most attorneys will provide a free office conference to review the case and make recommendations. If there were serious injuries, we would accept a case like this on a contingency basis. If not, we would provide some advice on how to handle the case without an attorney. Feel free to have your friend give me a call-no charge for confidential telephone conference. 440-953-2000.
Justice Is No Accident!!
I hope your friend is alright now. A car-bicycle accident can be a pretty disturbing event.
That could very well have been road rage on the part of the driver. I'm a cyclist myself, and have seen all sorts of things over the years. The other driver may be able to be held accountable for the accident. If your friend wants to speak with a lawyer, I have dealt with car-bicycle accidents before. Feel free to have your friend give me a call at 216-236-8202. I might be able to help.