Lawsuit Filed Over Bike Accident Highlights Difference in Law

On Behalf of | Jan 9, 2013 | Bike Accidents

James Hughes suffered severe injuries while riding his bicycle on the campus of Ohio State University. Hughes was riding his bike to class on Sept. 5 when he was hit by a dump truck near the entrance to a construction site.

Hughes, 18, lost his right leg and suffered severe damage to his pelvis and spine. Serious infections also threatened his life.

The lawsuit filed in the state of Ohio highlights the difference between Florida Law and Ohio Law. To that end, under Ohio law, Hughes parents and 3 siblings are suing Ohio State; the driver of the dump truck, 71-year-old Isaac Hinton of the East Side; and 10 contractors hired by OSU, saying they failed to take the necessary precautions to keep students safe in what they knew was a densely packed area, according to the lawsuits.

Under Florida law neither Hughes parents’ nor siblings would have the right to sue, (unless Hughes was a minor at the time), in which case his parents’ would bring the lawsuit on his behalf.

Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.