Motorcycle accident injury cases require a special degree of attention and care. When an accident involves a motorcycle and motorcycle insurance policy, it is incredibly important that your attorney has the skill and experience in dealing with motorcycle accident cases. If you suffered an injury after a motorcycle accident near Bowling Green, Ohio, call Sawan & Sawan today at 419-900-0955 or use the contact form below.
What Should I do Immediately After a Motorcycle Accident?
If injured in a motorcycle accident, immediately call 911. The investigating officer will author a report. Make sure everyone involved is safe and receives medical attention. Safely take photos, and videos of the accident scene including property damage and the area surrounding the accident site. If there were witnesses, get the names and contact information of all witnesses and discuss their statements to better document the events. Write down your own statement because as time passes, things are often forgotten. Always document the accident as much as possible as Ohio is a fault based state and the insurance company will want proof of who was at fault before covering your damages. That’s why we recommend collecting and sending all your related accident documents to the insurance company for review.
How Do You Determine Liability After a Motorcycle Accident?
If you are in a motorcycle accident, Ohio law will apply a fault based system. That means, the person who caused the accident will pay compensation to you. That would include recovery for all injuries, medical bills, wage loss, pain and suffering, scarring, permanent disfigurement, and property damage. In these types of accidents, establishing fault can be tricky. You do not remember what happened, or there are no witnesses. Generally, the investigating officer will recreate the accident and author a report on liability charging the responsible party with a traffic citation. Ohio does compare the negligence of both you and the other person under a “comparative negligence” standard. Governed by ORC 2315.33 the statute looks at the conduct of each party. If you are more than 51% responsible for the accident, you will be unable to recover for your injuries. If you are less than that percentage, you may recover but at a reduced percentage which reflects your negligence. In Ohio, use of helmets for adults are not required under ORC 4511.53, but their non use may be used under a comparative analysis if that non use contributed to your injuries.
What Damages Can I Recover For A Motorcycle Accident Injury?
If you are fault free in a motorcycle accident, you may recover both economic and non-economic damages. Economic loss reflects actual damages which include medical bills, wage loss, and property damage. Non-economic or non-tangible losses include, pain and suffering and emotional distress. The value of your case depends on the extent of medical treatment, seriousness of injury, scarring, and permanent deformity. Insurance companies will value your case up to their policy limits trying to get you to settle and release their insured from liability. That’s why severity of your injuries and extent of medical treatment are the considerations for the insurance company. These factors can increase the maximum recovery for you. Because of this, always retain an experienced personal injury attorney. They can advise you and often obtain the compensation you deserve.
Will My Motorcycle Case Go to Court?
Most personal injury cases settle. Those that do not have issues of liability, causation, or difference in damages. The insurance company’s evaluation is always a serious consideration in settling or trying a case. A personal injury attorney has the ability to increase a pre-suit offer and settle the matter. They will gather all the related information on your damages and put them into a demand package. That package will be sent to the insurance company for review. If unacceptable, the case will need to go into litigation. This is necessary when fault is at issue or the insurance company is undervaluing the case. An attorney will prepare you and present the case to a jury.Remember there is a two year statute of limitations under ORC 2305.10(A). This means that the case must be filed in the appropriate court by then or it will be dismissed forever as not timely filed.
What Happens if the Other Driver Doesn’t Have Insurance After a Motorcycle Accident?
Recently, the Ohio legislature raised the motorcycle limits from $12,500 to $25,000. This means that the injured person can only recover up to $25,000 under the other person’s insurance policy. What happens if the damages exceed that amount? The law allows recovery under that person’s own insurance company. It requires that the injured person have uninsured/underinsured insurance coverage. This coverage ,however, is only available if those insurance limits are higher than the other person’s insurance policy. As an example, if both the at fault party and the injured person have $25,000 in insurance coverage, there will be no more available coverage as the limits are the same. The person can not “stack” the coverages. If a person has $50,000 in underinsured coverage, they could access another $25,000 in coverage ($50,000-$25,000 = $25,000 available). UM/UIM must have higher limits in order to recover. This is not a mandatory offering, so a person must add higher coverage to their insurance policy. If there is not enough coverage then they must go after the personal assets of the responsible party which often causes long term litigation, higher costs, and collection efforts.
Do I Need a Lawyer After a Motorcycle Accident
Often motorcycle accidents require an attorney due to the severity of injuries. If ,however, there is only property damage and minimal injuries, then an attorney may not be required. That case can be resolved through negotiations. If you have severe injuries, huge medical bills, ongoing medical treatment, pain and suffering, and permanent scarring, an experienced attorney will assist you through this process. By retaining an attorney, you can focus on your medical treatment while the attorney deals with the insurance company. The insurance company always looks at offering low amounts, An attorney can evaluate your case by determining damages and focusing on the full extent of damages. If not properly handled, you will not be awarded the appropriate amount of compensation. Insurance companies take you more seriously if you are represented by an attorney recognizing that you are committed to your claim and if not settled, will litigate the case. Your attorney will file your lawsuit and prepare you for a jury trial. They will protect you and explain all your legal rights. Due to the complexities of a motorcycle accident, you should always talk to an attorney about your case.
Dennis P. Sawan
