Charles E. Boyk Law Offices, LLC
Being involved in a motorcycle accident can be a frightening situation. On top of the physical vulnerability that a rider faces when involved in an accident, the anxiety associated with riding again can be significant. When people riding motorcycles are hit by people driving cars or trucks, the results can be life changing. Bowling Green motorcycle accident lawyers can try to work with individuals who have been injured in accidents to obtain the compensation that they deserve. If you have experienced injuries from a similar collision, contact a distinguished personal injury attorney as soon as possible.
Most motorcycle accident cases in Ohio are centered around the legal concept of negligence. Simply put, negligence is when a person with a duty to protect others, fails to act with reasonable care to protect others around them. Taking an example of a car driver not looking before changing lanes and colliding with a motorcycle rider. This results in the motorcyclist separating their shoulder. There are five elements of a negligence claim such as duty, breach, cause, scope and damages. A Bowling Green motorcycle accident lawyer can try proving all five of these on behalf of their potential client.
In certain instances, a person has a responsibility to protect other people. This is known as the duty of care. All drivers of cars and motorcycles have a duty to care for the well-being of other drivers and pedestrians. In this example, duty is clearly present. A breach of duty occurs when a person takes an action, or fails to take an action, that constitutes a failure of the duty of care. In the example, if the driver of the car failed to properly check their blind spots before changing lanes and causing a collision, a breach of the duty of care may have occurred. This is the element of negligence most often contested in motorcycle accident cases.
The plaintiff must show that the injuries were caused by the accident. Insurance companies will often argue that the injuries were pre-existing and that the accident had nothing to do with them. The injuries must have been foreseeable considering the circumstances. In this case, injuries resulting from motorcycle accidents with cars are foreseeable. The plaintiff must have suffered actual physical harm. Here, the separated shoulder is certainly physical harm.
Even if these elements are met, there is still one hurdle to cross over. That hurdle is the statute of limitations. This concept places a time limit on when a plaintiff may file suit against a defendant for negligence. This limit is two years from the time of the accident. While this may seem like a long time, simply recovering from injuries suffered in a motorcycle accident may take years. If the two-year limit passes, not only can the court no longer hear the case, but the insurance company will no longer settle. Whether the accident happened today or a year ago, time is clearly of the essence, injured parties should contact Bowling Green motorcycle accident lawyers about their case.
All motorcycle accident cases are unique, but there is a general sequence of events that you can expect. The most important thing to do at the scene of the accident is to contact the police. Not only will this ensure that you receive all necessary first aid and emergency care, but the police will also be required to produce a report at the scene. This report is excellent, impartial evidence of what happened during the accident and is key to negotiations with insurance companies.
The next important matter is to ensure that you get better. Once again this serves a dual purpose of not only improving your physical health, but also produces evidence of the physical and mental injuries. When Bowling Green motorcycle accident lawyers have this evidence, they can attempt to negotiate a settlement on your behalf. Most cases end at this stage and few go to trial. If the case does go to trial however, lawyers will form a well-reasoned complaint, examine all the evidence and prepare you to testify.