Toledo Police have reported one fatality from a crash on Detroit Avenue and Nesselwood Avenue. The accident occurred during the early morning commute Tuesday, July 19, 2022, around 7:05 a.m. According to a police report, the accident involved a commercial vehicle driven by Donald Froelick, 42, of Toledo, and a 2006 red Kawasaki motorcycle driven by John Mazur Jr, 53, of Toledo.
According to the police report, Mr. Mazur collided with the commercial truck as it was making a right turn onto Nesselwood Avenue from Detroit Avenue. Mr. Mazur was pronounced deceased at the accident scene. The accident continues to be under investigation.
Are Motorcycle Helmets Required?
Motorcycle accidents are much more likely to cause serious injuries and fatalities than car accidents. In fact, according to the National Highway Traffic Safety Administration (NHTSA), motorcyclist fatalities occur 27 times more frequently than passenger car occupant fatalities.
Helmets can help prevent or reduce serious injuries. In Ohio, the law states that motorcycle riders are required to wear a helmet if they are under the age of 18. Riders with a “novice” license must also wear helmets when operating their rides, regardless of age. Adults with a standard motorcycle license do not have to wear a helmet, but that does not mean that they should not.
When motorcyclists choose not to wear a helmet and are involved in an accident, insurance companies and defense attorneys often try to point to the lack of a helmet as a major cause of any head injuries. Specifically, they will try to argue that the motorcyclist made a choice to not wear a helmet, knowing that it could increase the risk of injury – this is called an “assumption of the risk” argument. Depending on your injuries, it could be argued that your injuries would not have been as severe had you worn a helmet.
According to the United States Department of Transportation, in 2018, 4,985 motorcyclists were killed in crashes in the US. The increase in injury and accidents involving motorcycles can cause bias from insurance investigators, police officers, and even jurors that can impact their claim.
What Insurance is Required to Operate a Motorcycle in Ohio?
Ohio requires insurance to operate any motor vehicle, including a motorcycle. The minimum insurance requirements in Ohio are the same for motorcycles and motor vehicles:
- $25,000 for bodily injury or death of another person in an accident
- $50,000 for bodily injury or death of 2 or more individuals in an accident
- $25,000 for property damage suffered by someone else in an accident
It is important to meet these requirements in the event of an accident.
Liability in a Motorcycle Accident
Liability must be established to receive compensation for your injuries. If you are primarily at fault for an accident, you cannot file a claim against the other driver for damages. If the other driver was liable or it is not clear who is primarily liable for causing the accident, you should contact an attorney because you may be able to receive compensation for your injuries, pain, and suffering.
An attorney can help to establish who was at fault when the accident occurred, so it is important to not give out too much information before consulting with a lawyer about your case. You may not know all the contributing factors that could have caused the accident, so never assume you were at fault and automatically take responsibility, especially if you were injured severely.
Should I Speak with the Police after an Accident?
After an accident, it is your right not to answer any questions and politely tell the officer you would like to speak to an attorney. If you want to answer their questions, it is important to remember that the liable driver’s insurance company will use anything you say to defend against paying you compensation for the accident.
You should understand that anything you say to the officer may be included in the police report and referred to later, especially if you were injured, and file a claim for those injuries. It is also essential to understand that police officers are human and make mistakes. They do not always accurately document verbal statements. When the police arrive, always be polite. If you do not want to answer questions or would prefer to make a written statement, explain to the officers that you would like to wait to make a statement until after you have spoken to an attorney.
An apology can be viewed as an admission of guilt, so it is important to be aware of everything you say if you decide to speak to anyone at the scene of the accident. Often, individuals in auto accidents will get out of their cars and immediately start apologizing, even if it is not their fault – simply as an expression of regret or sympathy.
Contact an Attorney after a Motorcycle or Auto Accident
If you or someone you know were injured or involved in a car or motorcycle crash, it could benefit you to seek expert legal advice from an experienced attorney in Ohio. The after-effects of these incidents can be mentally, physically, and emotionally draining. Legal representation can guide you to receive the compensation you deserve for any pain, medical bills, lost quality of life, and lost wages. A skilled attorney can help you with the following:
- Dealing with insurance companies
- Determining if you have a case
- Proving your injuries
- Determining the value of your claim
- Negotiating for settlement
- Representing you in a lawsuit
The lawyers at Charles Boyk Law Offices can advise you about the options you have for your case. Do not wait to contact our office because vital evidence can be lost if you lose contact with essential witnesses.
Contact us for a free consultation today.