For those injured in a motorcycle accident, filing an injury claim or lawsuit after the accident is a complicated and difficult process. Even if the injured victim is dealing with substantial injuries and medical treatment, the legal and financial process of the claim moves forward without regard for that. That’s why you should always hire a motorcycle accident lawyer to assist you every step of the way. If you suffered an injury after a motorcycle accident near Perrysburg, Ohio, call Sawan & Sawan today at 419-900-0955 or use the contact form below to speak with an attorney today.
What Should I do Immediately After a Motorcycle Accident?
If you or a loved one is involved in a motorcycle accident, there are a number of things you should do immediately after the crash. First and foremost, you should call 911 and report the accident to law enforcement. It’s crucial that medics respond to treat anyone who was injured and also that a law enforcement officer document the accident with a police report. Police reports are important pieces of evidence in determining fault for the accident and generally making a record of what happened. Once everyone is safe and first responders have attended the scene, you should take your own photos to document the damages and scene of the accident. If there were witnesses, you should gather their information so they can be contacted later to help substantiate what happened. All of this information will help bolster your injury claim especially where you were not at fault for the accident and can document evidence as to the other driver’s fault.
How Do You Determine Liability After a Motorcycle Accident?
A motorcycle accident is governed under the Ohio fault based system. The person responsible for the accident, will reimburse the other person for all proven damages in an accident. These damages will include medical bills, pain and suffering, wage loss, scarring, permanent disfigurement, and property damage. An investigating officer will usually determine fault and produce a liability report. They will charge the person who caused the accident with a traffic ticket. They determine fault under ORC 2315.33 the comparative negligence statute. This statute focuses on the conduct of both parties. If one person is more than 51% the cause of the accident, they can not recover for their damages. If less than that percentage, they can recover but at the reduced percentage that takes into account their negligence. Although helmets are not required while driving a motorcycle under ORC 4511.53, their non use may be used under a comparative analysis if it contributed to their injuries.
What Damages Can I Recover For A Motorcycle Accident Injury?
In a motorcycle accident, a victim may recover both economic and non-economics losses. These losses must be related to the accident and if economic loss, will include medical bills, wage loss, rental, and property damage. Non-economic loss includes pain and suffering and emotional distress caused by the accident. The case will be evaluated by the extent of medical treatment and seriousness of the injuries. If permanent and end up in disfigurement, the damages will be increased in settlement discussions. Because of this, having the case reviewed by an experienced personal injury attorney is essential. They will assist you through the legal process and provide the victim with value obtaining top recovery. If necessary, they can take the case to a jury trial.
Will My Motorcycle Case Go to Court?
Most personal injury cases including motorcycle accidents settle before a jury trial. A jury trial is expensive, stressful, and requires a major commitment. Settlement of your case will depend on the insurance company’s evaluation. If liability is contested, unless you agree to shared responsibility, the case will go to a jury trial. At that time, the jury will decide liability and may not award you recovery if you were more than fifty-one percent responsible. Oftentimes, causation is challenged. Your injuries must be directly and proximately caused by the motorcycle accident. If an injury predated the accident, the insurance company will take the position that it is not causally related to the accident. Another reason for a jury trial is value. If the insurance company low balls your offer, then the only resolution is a jury trial. That is risky, as the jury will make the determination as to value. An experienced personal injury attorney can help navigate through this process. They can obtain all the injury documents, forward them to the insurance company, and discuss settlement. Remember if you must file your lawsuit and litigate the case, make sure you do it within two years from the date of the accident. This statute of limitations is found at ORC 2305.10(A).
What Happens if the Other Driver Doesn’t Have Insurance After a Motorcycle Accident?
In Ohio, the person who is at fault for the motorcycle accident is responsible for all damages caused by their negligence. The mandatory minimum insurance policy limits for liability in Ohio is $25,000. That means that the most an insurance company has to pay to an individual for damages is $25,000. If the damages exceed that amount, then you can look to your own insurance policy for additional compensation. You must have uninsured/underinsured motorist coverage. That coverage is available only if the policy limits exceed the tortfeasor’s limits. Under anti-stacking law, if the person’s limits are the same then there will not be any additional recovery. It is vitally important that you add UM coverage to your policy in an amount higher than $25,000. That way if necessary, you can access that coverage if your proven damages exceed the at-fault driver’s limits. This coverage is not mandatory, so you must discuss with your insurance agent to add this coverage. If there is not enough insurance coverage, then you will be forced to recover personal assets against the at-fault driver which can be expensive, time concerning, and stuck in both litigation and collection efforts for a long time.
Do I Need a Lawyer After a Motorcycle Accident
While it is not required that you hire an attorney after a motorcycle accident, we strongly recommend that you do. For starters, insurance companies are extremely knowledgeable and their adjusters know exactly what to do to either get you to admit something that damages your case or to push through a low value offer to settle your case early. One of the best ways a personal injury lawyer helps after a motorcycle accident is to fairly evaluate what your case is worth and to communicate with the insurance company so that they don’t gain any advantage to help them deny or devalue your claim. There are many other ways a personal injury attorney can assist with your motorcycle accident claim. One of the main ones is requesting all of the applicable medical records and bills and being sure to stay on top of any subrogated liens. This area of personal injury law is incredibly complex and can be one of the most expensive mistakes if not handled with expertise. Due to what’s at stake, we always recommend you hire a personal injury attorney if you’ve been in a motorcycle accident.
Dennis P. Sawan
