After a motorcycle accident, the injured victim’s life can be sent into a tailspin. Not only do they have to deal with medical treatment after the accident, but they usually are going to get inundated with calls from the insurance company trying to force a settlement upon them and medical providers trying to collect medical bills. It is not recommended that you handle all of these things alone. Call a personal injury lawyer as soon as possible after the accident so you have someone fighting in your corner.
What Should I do Immediately After a Motorcycle Accident?
If you or a family member are involved in a motorcycle accident call 911 to bring out both medical responders and law enforcement. Medical responders will handle all those injured, while law enforcement will investigate and prepare an official police report. The police report will determine liability confirming who is responsible for the accident. Once all this is completed, take photos and videos of the scene. Take all witness statements of the accident and write down your version. Gather all medical records and bills, wage loss, and property damage documents. This information is essential to support your injuries and will be sent to the insurance company for investigation. A motorcycle accident is very complicated. Retaining an experienced motorcycle accident attorney is essential to protect all your legal rights and to make sure you are not taken advantage of by the insurance company during this stressful time.
How Do You Determine Liability After a Motorcycle Accident?
Ohio, a fault based negligent system, will apply comparative negligence rules in a motorcycle accident. In essence, the person responsible for the accident will be responsible for a person’s damages. Those damages will include medical bills, wage loss, pain and suffering, scarring, emotional distress, permanent disfigurement, and property damage. Determining fault can be complicated if there are no witnesses, the parties do not recall what happened, or property damage analysis is inconclusive. An investigating officer will reconstruct the accident and produce an accident report. He will determine who was at fault. If a person is more than 51% liable, they will not be able to recover. If less, they can recover but at the reduced percentage of their negligence. Motorcycle helmets are not required in Ohio under ORC 4511.53. Non-use may be used to reduce recovery if the injury was caused by the non-use.
What Damages Can I Recover For A Motorcycle Accident Injury?
Accident victims must prove all damages in a motorcycle injury case. These damages are broken into economic and non-economic losses. Economic loss includes all tangible damages including medical bills, wage loss, vehicle rental, and property damage. Non-economic loss includes pain and suffering and emotional distress. Value in these cases looks at a lot of factors. Extent of medical treatment and seriousness of the injuries is the starting point in the evaluation. Add permanent and debilitating injuries and the value can substantially increase. The insurance company will consider all of these factors in its evaluation. Because of this, it is vitally important that a victim contact an experienced personal injury attorney to assist you. They can gather all the documents in the case, evaluate the value, guide you through the legal process, and obtain maximum recovery for the injuries. If unable to settle, they can handle all the litigation through a jury trial.
Will My Motorcycle Case Go to Court?
Statistically, most motorcycle accidents settle pre-suit. This means they resolve without filing a lawsuit. Resolution will depend on a lot of factors. Is liability disputed? If so, unless it can be settled by compromise, litigation will be required. The concern is in letting the jury decide who was at fault. It will be expensive and stressful. Causation is often disputed. The insurance company will take the position that the injuries are not directly and proximately related to the accident. If contested, litigation will be the only answer. This may require expert medical testimony which can be expensive. Lack of a fair offer from the insurance company can also preclude settlement. Again, the only recourse is a lawsuit and jury trial. A seasoned personal injury attorney can assist you by gathering all the related documents, contacting the insurance company, and resolving the claim. If a lawsuit is required, make sure to file it within two years from the date of the accident. This date is the statute of limitations and must be strictly followed or the case will not be able to proceed into litigation. The statute of limitations for personal injury cases is found at ORC 2305.10(A).
What Happens if the Other Driver Doesn’t Have Insurance After a Motorcycle Accident?
Since Ohio is a fault based state, the at-fault party will be responsible for all damages to the victim in a motorcycle accident. To protect drivers, Ohio requires mandatory insurance limits of $25,000/$50,000 for liability. This means that the most insurance companies will pay for an individual is $25,000. If the value of the case exceeds that amount, then the victim needs to seek additional compensation under their own automobile insurance policy. To do that, they must have uninsured/underinsured coverage. Under “anti-stacking” language they would only be able to access that coverage if the amount of underinsurance exceeds $25,000. As this coverage is not mandatory, they would have to make sure that the coverage is added to their automobile insurance policy. The added coverage would have to be greater than $25,000 to access it. If not, then they would have to file a complaint against the at-fault party seeking personal assets to satisfy the damages. Litigation would be time consuming and expensive. If successful, they would still have to attempt to collect on the judgement which would take a long time.
Do I Need a Lawyer After a Motorcycle Accident
You should almost never handle your motorcycle claim yourself without a personal injury lawyer. The reality is that insurance companies have trained staff that know exactly what to do to minimize claims and payouts. If you aren’t aware of certain specific nuances within personal injury law, you could jeopardize your claim or your recovery. It is simply more important for you to focus on medical treatment where your injury lawyer fights off the insurance company’s tactics and accumulates all of the evidence needed to present your claim for what it’s worth. There’s also the fact that insurance companies are more likely to offer you a fair offer for your claim if they know that you have an attorney and would be willing to file a lawsuit if necessary. In our opinion, you should also hire a personal injury lawyer as soon as possible after a motorcycle accident.
Dennis P. Sawan
