Life after a motorcycle accident is usually a long road to recovery. Not only is the injured victim facing medical challenges, the insurance companies involved hound them early and often in an attempt to get them to settle their case for pennies on the dollar. Medical providers are sending them bills and in some cases sending medical bills into collections. For many people, the accident completely disrupts their life. Don’t fight alone. If you’ve been in a motorcycle accident, you should call a personal injury lawyer as soon as possible. Sawan & Sawan has over 40 years of combined experience representing the victims of motorcycle accidents. Call 419-900-0955 for a free consultation.
What Should I do Immediately After a Motorcycle Accident?
Being involved in a motorcycle accident generally involves major injuries. If able, after the accident check all injured parties and make sure they are safe then contact 911. If necessary, medical personnel will come to the scene and address all the injured parties. The police will also arrive and secure the scene. To assist take photos and videos of both the scene and the property damage. Get all contact information from all witnesses and obtain a statement. Jot down what happened in the accident. Give all this information to the investigating officer to assist them in determining fault. This is essential as Ohio is a fault based state. The insurance company needs to determine responsibility and confirm liability. Once the investigation is complete, the police will author a report. Give that report and all related accident documents supporting injuries to the insurance company for review. Always retain an attorney to assist you in the legal process as they can negotiate and if necessary try your case to a jury.
How Do You Determine Liability After a Motorcycle Accident?
A motorcycle accident in Ohio uses fault based law under R.C. 2315.33. This compares the conduct between the parties to determine fault. A police officer will be sent to the accident scene for a determination. He will gather information through the persons involved in the accident, obtain witness statements, investigate the accident scene, take photographs, gather physical evidence, and look into the property damage. He will author a report and issue a ticket to the responsible party. If that person is 51% or more responsible, they will be unable to recover for their injuries. If they are up to 50% at fault, they can recover but the award will be reduced by the percentage of their negligence. As an example, if the award is for $200,000 and they are 50% at fault, it will be reduced to $100,000. The damages allowed will be medical bills, pain and suffering, scarring, permanent disfigurement, wage loss, emotional distress, and property damage. Non-use of motorcycle helmets, although not required for adults by R.C. 4511.53, may be admitted if any of the injuries were caused by the non-use.
What Damages Can I Recover For A Motorcycle Accident Injury?
Proving losses in a motorcycle accident requires proof of both economic and non-economic losses. Economics involves medical bills, wage loss, vehicle rental, and property damage. Non-economic involves pain, suffering, and mental distress. The insurance company will need these losses before it can evaluate the case. The more serious the medical treatment and injuries, the higher the evaluation. If permanent scarring or disfigurement, the analysis becomes even more complex. The policy limit of an insurance company comes into play if the injuries are debilitating and permanent. That’s why involvement with an experienced personal injury attorney is so vital. They can evaluate your case, gather information, and negotiate settlement with the insurance company. If unsuccessful, they can guide you through the legal process litigating your case to a jury.
Will My Motorcycle Case Go to Court?
A large percent of personal injury cases settle before a jury trial. Settling or litigation looks at several factors. Initially, liability has to be established. In Ohio, if the plaintiff is found to be more responsible for the accident than the defendant, they will not be able to recover for their damages. If liability is at issue, then litigation may be the only option. Another factor is causation. If the injuries are not directly and proximately related to the accident, then again litigation may be the only option. Damages may also be questioned resulting in the inability to settle the case. An experienced personal attorney can help you navigate these issues. They will gather documentation and send them to the insurance company for a settlement. If any of the issues are presented, then they will discuss settlement. If not resolved, they can handle the litigation aspects of the case and ultimately try it to a jury. All of this must happen within two years from the accident. That time frame is governed by R.C. 2305.10(A) and must be strictly followed.
What Happens if the Other Driver Doesn’t Have Insurance After a Motorcycle Accident?
If you are in a motorcycle accident in Ohio, you need to confirm automobile insurance with the at-fault party. Confirming coverage allows you to seek recovery for your damages. In Ohio, the minimum insurance limits are $25,000/$50,000. If your damages exceed those limits, you can review your insurance policy for uninsured/underinsured coverage. That coverage is only available if those limits are higher than the at-fault party’s limits. If they are the same, you will not be able to access that coverage. You also need to make sure you ask for the coverage when you renew your automobile insurance coverage. It is not mandatory and will be excluded if not requested. If you do not have uninsured/underinsured coverage, you will need to litigate the case seeking recovery for your damages from the at-fault party. Litigation is costly, time consuming, and stressful.
Dennis P. Sawan
