Motorcycle accident cases require a special level of skill due to the nature of the insurance policies covering such accidents and the potential for serious injuries. If you were in a motorcycle accident near Toledo, Ohio, call Sawan & Sawan today at 419-900-0955 or use the contact form below.
What Should I do Immediately After a Motorcycle Accident?
Immediately after a motorcycle accident, those involved should call 911 or other first responders and be sure to document that incident with a police report. The most important thing is ensuring everyone involved in the accident is safe and receives immediate medical attention if necessary. It’s also required by law in Ohio to report the motorcycle accident and not leave the scene. If you are able to do so safely, take photos of the accident scene including property damage and the surrounding location. If there are any witnesses to the accident, especially where the motorcycle driver was not at fault, you should gather their names, contact information, and a general statement of what they say happened. In fault based states like Ohio, you should always be sure to document who was at fault for the accident because it becomes extremely important once insurance companies are involved.
How Do You Determine Liability After a Motorcycle Accident?
Ohio injury law that applies to motorcycle accidents is a fault based system. That means in Ohio, whoever is at fault for causing the accident is generally liable for the resulting injuries or property damage. Determining liability after a motorcycle accident can be complex because there may not be many witnesses that saw what happened and those involved may also not know or not remember. Usually the police report and associated citations for a traffic violation are highly determinative of who was at fault. It is important to note that Ohio does follow a modified version of “comparative negligence” which can be relevant in certain complex cases. This is governed by ORC §2315.33 and governs circumstances where both drivers may have been at fault to some extent. If someone injured in a motorcycle accident is partially at fault, they can still recover damages so long as the “contributory fault of the plaintiff was not greater than the combined tortious conduct of all other persons from whom the plaintiff seeks recovery.” In motorcycle accident cases, this analysis often comes up where the rider was not wearing a helmet or otherwise contributed to causing the accident.
What Damages Can I Recover For A Motorcycle Accident Injury?
For those injured in a motorcycle accident, a common question we are asked as personal injury lawyers is what damages can be recovered? If it is established that the injured person was not at fault, they are entitled to recover a number of categories of damages from the at-fault party. These damages include economic losses and non-economic losses. Economic losses relate to medical bills, wages lost because of missed work, and property damage. Non-economic losses are more commonly referred to as pain and suffering and encompass a quantified amount of emotional distress or suffering caused by the accident. How much a particular injury case is worth depends on a lot of factors. The severity of the injury and the extent of treatment is perhaps the largest factor. Given most damages are ultimately paid by an insurance company, the policy limit of any insurance policy is also a highly relevant factor. Where injuries are permanent or result in a disfigurement, the damages can be substantially higher. It is important to have the case reviewed by a competent personal injury lawyer to be sure you aren’t leaving anything on the table.
Will My Motorcycle Case Go to Court?
Not all motorcycle accident injury claims require litigation. Many times the claims settle prior to litigation. Whether or not your particular case will require litigation or not depends largely on the insurance company’s evaluation of the case and final and best offer. Maximizing a pre-suit offer to settle your case is one of the most important functions of a personal injury lawyer. Experienced personal injury lawyers know how to document all of the damages in your case and prepare a demand package that maximizes your compensation. If the final and best offer is not satisfactory, your case will need to go to litigation. In our experience, litigation is an important option especially where fault is disputed for the accident or the insurance company is not offering a fair offer for the damages incurred. If you do file a lawsuit, its important to now that you must do so within the applicable statute of limitations. In Ohio, this is typically two years from the date of the accident and is governed by ORC §2305.10(A).
What Happens if the Other Driver Doesn’t Have Insurance After a Motorcycle Accident?
In fault based states like Ohio, the driver who is at fault for causing an accident is liable for the resulting damages. Auto insurance policies, however, have policy limits which govern the maximum amount that the insurance company will pay in the event of an accident. These policy limits can vary but the law requires at least $25,000 in liability coverage. Often times, drivers have the minimum required insurance of $25,000. So what happens if the at-fault driver only has $25,000 in insurance coverage but its not enough to cover the injuries from the motorcycle accident? In those cases, the injured driver can attempt to recover from their own insurance policy if they have underinsured or uninsured motorist coverage. It is important to know that Ohio has a so-called “anti-stacking” law which only permits recovery against underinsured motorist policies if the limits of those policies exceeds the limits of the at-fault driver’s policy. For example, if the at-fault driver has a policy limit of $25,000 and the injured driver has an UM/UIM policy of $25,000, there is no additional recovery. The UM/UIM must have a higher limit than the at-fault driver’s policy in order to recover. UM/UIM coverage is not mandatory coverage so it is critical that drivers add this to their own policy and we recommend doing so with higher limits in order to avoid anti-stacking rules. If there is not enough insurance and no UM/UIM coverage, the injured driver will have to attempt to recover from the at-fault driver’s personal assets which can be very difficult and require protracted litigation or collection efforts.
Do I Need a Lawyer After a Motorcycle Accident
Not every motorcycle accident case requires the assistance of a lawyer. If you’ve only sustained minor property damages with no injuries, it probably makes more sense to negotiate and resolve the claim yourself. Once you have injuries, EMS vehicle response, emergency room bills, and ongoing medical treatment, it becomes more important to have a skill attorney. There are so many areas of the case that an attorney can assist you with and it’s more important that you focus on seeking medical treatment than fighting with insurance adjusters. Insurance companies are notorious for finding any angle they can to lower the amount they pay on claims. If you aren’t experienced in calculating damages and documenting the full extent of your damages, you stand to lose a significant amount of compensation that you might otherwise be entitled to. Insurance companies also know that if you have an attorney representing you, you are serious about pursuing your claim and will file a lawsuit if necessary. This prospect keeps them honest in their negotiations. If you do have to file your case, you absolutely should have a lawyer represent you to make sure all of your rights are vigorously protected. So unless you have a minor property damage claim without any injuries, we always recommend you at least speak with a motorcycle accident lawyer about your case.
Dennis P. Sawan
