What Should I do Immediately After a Motorcycle Accident?
A motorcycle accident usually results in serious injuries to those on the motorcycle. After an accident, if possible check all injured victims. Immediately call 911 to bring out medical personnel. That call will also bring out law enforcement to control the accident scene preventing any further accidents. The investigating officer will take photos and videos of the property damage to all vehicles and cover the area of the accident. They will take all statements from all parties as well as the witness’s statements. That investigation will produce a report on liability. As Ohio is a fault based state that information is vital for the insurance company. Also gather all your related medical records and bills, wage loss, and property damage estimates. Send all of this over to the insurance company for review. Always consider retaining an experienced attorney who will be able to guide you through this complicated legal process and assist you in getting the compensation you deserve.
How Do You Determine Liability After a Motorcycle Accident?
Ohio will apply a “comparative negligence” analysis to a motorcycle accident under ORC 2315.33. Under this analysis, if a person is found to be 51% responsible for the accident, they will be unable to recover for their injuries. If their percentage is below 51%, they may recover but it will be reduced by the percentage of negligence attributed to them. As an example, if the proven damages are $100,000 and the comparative negligence attributed to the person is 25%, they can only recover $75,000. Damages would include: medical bills, pain and suffering, emotional distress, wage loss, scarring, permanent disfigurement, and property damage. To determine negligence, an investigating officer will take statements from both the parties and witnesses, visit the crash scene, gather physical evidence, take photographs, and review the property damage. They will make a determination as to negligence and issue a traffic ticket to the responsible party. Non-use of motorcycle helmets are permitted under ORC 4511.53 but the non-use may be admitted if it caused injury.
What Damages Can I Recover For A Motorcycle Accident Injury?
In a motorcycle accident, damages are divided between economic and non-economic losses. Economic losses include medical bills, wage loss, vehicle rental, and property damage. Non-economic losses include physical pain, mental suffering, and emotional distress. Case value looks at these losses. If the injuries are permanent with disfigurement, the value will substantially increase. Extensive medical treatment and severity of injuries, will also increase the value. All of these factors with supportive documentation, will assist the insurance company in its evaluation. The insurance policy limits will also be a factor if the damages are more severe. Due to all these factors, it is imperative that you contact an experienced personal attorney as soon as you are able. They can discuss all your options, gather all the evidence, and negotiate with the insurance company. If they cannot resolve your case, they will assist you in the legal process all the way through a jury trial.
Will My Motorcycle Case Go to Court?
Settling or litigating a motorcycle accident depends on many factors. If liability is at issue, a jury trial may be the only course. That’s because if you are found to be more than fifty-one percent responsible for the accident, you can not recover your damages. Likewise, if causation is at issue, again a jury may have to decide. Causation looks at the direct and proximate cause of your injuries. If an injury predates the accident, the insurance company will attempt to exclude it in its evaluation. If the insurance company gives you a low offer with no room to move, then litigation would also be the only option. In these decisions, an experienced personal injury lawyer is essential. They can help you evaluate your case, retrieve related documentation, and attempt settlement with the insurance company. If not successful, they will litigate the case through a jury trial. Just remember that under ORC 2305.10(A) you must either settle your case or file the complaint in the appropriate court of law within two years from the date of injury.
What Happens if the Other Driver Doesn’t Have Insurance After a Motorcycle Accident?
As Ohio is a fault-based state, motorcycle insurance is required. Liability insurance will provide you with recovery of damages from the at-fault party. The minimum insurance limits are $25,000/$50,000 of liability coverage. If those limits are exhausted due to your damages, you will have to look to your own insurance policy for additional coverage. To use that coverage, you must have uninsured/underinsured coverage. You can only access that coverage if those limits are greater than the liability limits of the at-fault party. If they are the same, the coverage would not apply. This coverage is not mandatory and requires that you request it with your insurance agent. If your limits are higher, you will have to give a credit to your insurance company for the difference. For example, if the at-fault party had $25,000 in liability coverage and you had $100,000 underinsured coverage, your available coverage would be reduced by $25,000 leaving a balance of $75,000. If there is no coverage, then you would have to litigate your case against the at-fault party to obtain personal assets for your damages. Litigation is expensive, time consuming, and stressful. Once you receive a positive jury verdict, you still need to collect on the judgement.
Dennis P. Sawan
