After a motorcycle accident, life for those injured is often sent into complete disarray. For those injured, medical treatment after the accident disrupts every day life and creates immense financial stress. Despite this, the insurance company for the at fault driver is going to take every step to draw out providing any financial compensation they deserve. In most cases, the adjuster assigned to the case is going to inhumanely attempt to force a settlement in hopes they can take advantage of the victim early and settle for pennies on the dollar. Don’t fight alone. Call a personal injury lawyer to discuss your options.
What Should I do Immediately After a Motorcycle Accident?
Being involved in a motorcycle accident is very stressful. The injuries are usually very serious due to your vulnerability on a motorcycle. If possible, always call 911. That will allow the medical responders to come to the scene and address all the injured personnel. It will also bring out the law enforcement agencies to investigate the accident and author a police report. The insurance company will want to know who was responsible for the accident to confirm liability. To assist them, take photos and videos of the property damage and the accident scene. Gather all witness statements and contact information to be used at a later date. Write down your version of how the accident occurred. All this information is important as Ohio is a fault based state. Because of this, you will need to send all related accident documents to the insurance company for review.
How Do You Determine Liability After a Motorcycle Accident?
In Ohio, a motorcycle accident applies Ohio fault based negligence law. This means, the person responsible for the accident will cover all the damages of the injured victim. That includes medical bills, pain and suffering, wage loss, scarring, permanent disfigurement, emotional distress, and property damage. To determine fault, a law enforcement officer will investigate the accident, produce a report, and issue a ticket to the responsible party. He will visit the accident scene, interview the parties and witnesses, take photographs, gather physical evidence, and analyze the property damage. If the injured victim is more than 51% responsible for the accident, they will be unable to recover under ORC 2315.33. If less than 51%, they can still recover but it will be reduced by their percentage of negligence. For example, if the value of the case is $100,000 and the victim was 50% responsible for the accident, the recovery will be reduced by 50% or $50,000. Although motorcycle helmets are not required for adults under ORC 4511.53, their non-use may be admitted if the injuries were caused by the lack of use of the helmet.
What Damages Can I Recover For A Motorcycle Accident Injury?
If you are injured in a motorcycle accident, you must prove your damages by a preponderance of the evidence. This means the damages are more likely than not caused by the accident. Damages are either economic or non-economic losses. Economics are medical bills, wage loss, rental, and property damage. Non-economic losses refer to pain, suffering, and emotional distress. Based on these losses, the insurance company will evaluate your losses. The evaluation can increase substantially if you have permanent scarring or disfigurement. The insurance company will look at both economic and non-economic when reviewing your case. To assist them, you must gather all the documentation that involves your case. To help you, a seasoned personal injury attorney is a must. They can evaluate your case, gather all necessary documents, and walk you through the legal process to resolve your case with a fair settlement. If unsuccessful, they can assist in litigation trying the case to a jury if needed.
Will My Motorcycle Case Go to Court?
Many motorcycle crash injury claims settle before litigation. That decision looks at the insurance company’s review of the case. Once reviewed, they will make an offer. If it is low and will not be increased, litigation is the only answer. If the review challenges liability, then again litigation will be required. Finally if causation of the injuries is questioned then litigation will be necessary. An experienced personal injury attorney can document all aspects of the case, send it to the insurance company with a demand for settlement, and negotiate with them to get a fair resolution. If litigation is necessary the personal injury attorney can litigate the case through a jury trial. Make sure to have the case filed within two years from the date of the accident. Called the statute of limitations found at ORC 2305.10(A), this date is critical because if filed after that date, the case will be dismissed for late filing.
What Happens if the Other Driver Doesn’t Have Insurance After a Motorcycle Accident?
Having motorcycle insurance in Ohio is mandatory. That is because Ohio is a fault based state. This means that whoever is at fault in an accident, will be responsible for all damages of the victim. Ohio requires insurance limits of $25,000/$50,000 of liability protection. Any damages that exceed that limit may be obtained under their own insurance policy. To access those limits, they must have uninsured/underinsured coverage. That coverage is not required and must be added to their insurance policy. If the limits are the same as the at-fault party, they would not be able to access that coverage. If not, they would have to seek damages from the personal assets of the at-fault party. That would require the filing of a lawsuit and a successful jury verdict before recovering. Litigation takes a long time, is expensive, and is costly. Collection efforts will be required and that too can take a long time with no guarantee of recovery. Always include this coverage within the policy.
Dennis P. Sawan
