Defiance Motorcycle Accident Lawyer

Motorcycle accidents can have devastating effects, leading to serious injuries, rising medical bills, and lost wages, all of which can create significant financial strain for victims. Insurance companies often exploit the stress of accident victims by offering quick but inadequate settlements that fail to cover the full extent of their recovery needs. An experienced Defiance motorcycle accident lawyer can be crucial in ensuring you receive fair compensation and are not exploited by lowball settlement offers.

With over a century of combined legal experience, our personal injury attorneys specialize in handling motorcycle accident cases. We have built a strong reputation for effectively challenging insurance companies and large corporations, leveraging our extensive knowledge and resources.

At Charles E. Boyk Law Offices LLC, we go beyond providing legal representation; we treat each client like family, passionately advocating for their rights and prioritizing their well-being. Contact our lawyers today to begin your case and receive the dedicated support you need during this challenging time.

Motorcycle Accident Statistics

According to the National Safety Council (NSC), in 2022 there were 6,218 motorcycle fatalities and 82,687 injuries involving motorcycles. Most of the motorcycle fatalities occurred in urban areas on clear/cloudy days. Most of the fatalities involved two-vehicle crashes.

Causes of Motorcycle Accidents

As a Defiance motorcycle accident attorney can attest, wrecks can happen for a variety of reasons. Some of these include:

Reckless Driving

Reckless driving, including speeding and alcohol or drug use, significantly increases the risk of motorcycle accidents. Liability in these cases generally depends on proving who was driving recklessly—whether it was the motorcyclist or another driver.

Alcohol and Drug Use

Operating a motorcycle under the influence is particularly dangerous. Motorcyclists are more likely to be involved in fatal accidents involving alcohol compared to other vehicle types. Impairment affects a rider’s ability to react and make quick decisions, increasing the likelihood of a crash.

Speeding

Speed is a major factor in the severity of crashes. Higher speeds not only increase the chance of an accident but also reduce the effectiveness of safety devices like airbags and seat belts. For motorcyclists, who have fewer built-in safety features compared to cars, speeding can be even more detrimental.

Helmet Use

While not wearing a helmet doesn’t cause accidents, it greatly influences the outcome of a crash. The National Highway Traffic Safety Administration (NHTSA) notes that helmets significantly reduce fatalities and severe injuries. Helmets meeting DOT Federal Motor Vehicle Safety Standard (FMVSS) 218 are highly recommended for all riders. According to the NHTSA, helmets could prevent 37% of fatalities in motorcycle crashes where riders are not wearing one.

Steps to take after a Motorcycle Accident

1. Ensure Safety and Call for Help:
   • Move to Safety: If possible, move yourself and your motorcycle off the roadway to prevent additional accidents.
   • Call 911: Report the accident right away to get medical help for anyone injured and to notify the police.

2. Seek Medical Attention:
   • Immediate Care: Even if you feel fine, see a medical professional. Some injuries may not be immediately visible.
   • Follow-Up: Adhere to all medical advice and attend follow-up appointments to ensure all injuries are properly documented and treated.

3. Document the Accident Scene:
   • Photographs: Take pictures of the accident scene, including your motorcycle, other vehicles, road conditions, and any visible injuries.
   • Witness Information: Gather contact details from any witnesses who observed the accident.

4. Exchange Information:
   • Driver Details: Swap names, contact information, insurance details, and vehicle information with all other drivers involved.
   • Police Report: Ensure the responding officers create a detailed report and obtain a copy for your records.

5. Notify Your Insurance Company:
   • Report the Accident: Inform your insurance company about the accident as soon as possible, providing them with all necessary information and documentation.

• Keep Detailed Records:
  • Medical Records: Maintain a file of all medical reports, treatments, and related expenses.
  • Accident Records: Keep copies of the police report, photographs, witness statements, and correspondence with insurance companies.

7. Avoid Making Statements:
   • Insurance Adjusters: Be cautious when talking to insurance adjusters from the other party. Do not admit fault or minimize your injuries.
   • Social Media: Avoid discussing the accident or your injuries on social media.

8. Contact a Personal Injury Lawyer:
   • Legal Advice: Seek counsel from a Defiance lawyer specializing in motorcycle accidents to understand your rights and the best steps to take.

Common Motorcycle Accident Injuries

• Road Rash: Road rash is a frequent injury from motorcycle accidents, ranging from minor to severe. It occurs when a rider is thrown from the bike and skids along the pavement. Severe road rash can lead to complications like infections and nerve damage. Wearing protective clothing, preferably leather, can significantly reduce the severity of road rash.
• Broken or Fractured Bones: Motorcycle crashes often result in broken or fractured bones. Commonly fractured bones include the femur, forearm, shin, and pelvis. These injuries can be severe and require medical treatment and recovery time.
• Foot and Leg Injuries: According to the CDC, approximately 30% of non-fatal motorcycle injuries affect the rider’s legs and feet. These injuries can range from minor fractures to more severe damage.
• Head and Neck Injuries: Larger motorcycle engines are associated with a higher risk of head injuries. Helmets are crucial in preventing head injuries, which can include brain damage, facial disfigurement, and death. Not wearing a helmet significantly increases these risks.
• Spinal Injuries: Spinal injuries are common in motorcycle accidents, with the thoracic spine often being the most affected. Spinal injuries can lead to chronic pain, nerve damage, paralysis, and even death. High-speed crashes make these injuries particularly severe.
• Abdominal Injuries: Older riders are more prone to thoracic (chest) injuries. Abdominal injuries from motorcycle accidents can include lung lacerations, rib fractures, and more severe vascular injuries like heart lacerations.
• Hand and Arm Injuries: Injuries to the hands, wrists, and arms are common as riders instinctively try to protect themselves during a fall. “Biker’s Arm” or “Rider’s Arm” occurs when a motorcycle lands on a rider’s arm, potentially causing nerve damage and, in severe cases, paralysis. Wearing specialized riding gloves and elbow pads can help mitigate these injuries.
• Burns: Motorcycle accidents can lead to severe burns, especially if the gas tank leaks. These injuries often require skin grafts and are among the most serious motorcycle injuries.
• Muscle Injuries: Severe road rash can result in muscle damage, particularly if protective clothing wasn’t worn. Back injuries from crashes can also lead to muscle soreness and injury.
• Traumatic Brain Injuries (TBI): TBIs are a leading cause of death among motorcyclists. They can result in permanent paralysis and other severe consequences. Helmets are essential for reducing the risk of TBIs, with helmeted riders being up to 35% less likely to die in a crash.

A Defiance lawyer can help someone injured in a motorcycle accident seek compensation for their injuries.

Boyk Law Cases of Interest

1. Our client was passing a Meijer grocery store when the defendant failed to yield and pulled out in front of them. Our client was thrown from the motorcycle and had injuries so severe, they missed nearly two months of work. Boyk Law attorney, Andrea Young initially worked with the insurance company to negotiate a fair settlement for our client, but after all offers failed to meet the needs of our client’s injuries, our firm had to file suit for the client. We were able to secure policy limits of $100,000 for our client’s injuries and to make sure their physical therapy bills were paid.
2. Our client was a pillion on her boyfriend’s motorcycle when a car pulled out in front of them. Our client was through from the bike and taken by ambulance to the hospital, where she was treated for a severe concussion, memory issues, and spinal pain. Her injuries forced her to treat for over a year with numerous doctors and physical therapists. Because of the substantial nature of her bills, we had to file suit on her behalf. We took depositions and did paper discovery. We secured policy limits of $135,000 for our client from the driver’s liability insurance coverage. We pursued a separate claim for the underinsured driver in order to maximize what went into our client’s pocket.
3. Our client was on a pleasure cruise when a drunk driver rear ended their motorcycle. Our client was thrown from the bike and the driver fled the scene. Thankfully a witness called the local sheriff’s office and deputies pursued the hit-and-run driver. Our client suffered two fractures to his thoracic spine and severe hearing loss in his left ear. The back condition required medication, physical therapy, and several steroid injections to be properly managed. Because of his level of intoxication, the driver of the car was sentenced to jail time, and our client recovered $100,000 in policy limits from the at-fault driver.
4. Our client broke his left arm and two vertebrae in his lower back after a negligent driver turned in front of his motorcycle. He was taken to the hospital, where he required surgery. After surgery, complications arose and our client suffered a collapsed lung. He spent the next seven days in the ICU. It took our client six months to recover and even after he was discharged he became homebound. Because there were no witnesses, the driver’s insurance company disputed liability. After tenacious requests, we were able to recover body camera footage that showed an independent witness. We filed a lawsuit, did discovery, and were able to reach a $240,000 settlement for our client.

When Do I Have a Claim?

If you’ve been involved in a motorcycle accident, there are several scenarios in which you can file a claim depending on who is at fault. Here’s a detailed look at each situation:

1. At-Fault Driver is the Operator of Another Vehicle:
   • Motorcyclist’s Claim: As the motorcyclist, you can file a claim against the at-fault driver for damages resulting from the accident. This can include property damage, medical expenses, lost wages, and compensation for pain and suffering.
   • Passenger’s Claim: If you were a passenger on the motorcycle, you also have the right to file a claim against the at-fault driver. This claim would cover damages similar to those of the motorcyclist, such as medical costs and compensation for pain and suffering.
2. At-Fault Driver is the Motorcyclist:
   • Passenger’s Claim: If the motorcyclist is at fault, the passenger can file a claim for damages. This claim may be filed against the motorcyclist’s insurance or, if the motorcyclist is uninsured or underinsured, it may involve other avenues for compensation.
   • Injured Individuals: Any other individuals injured in the crash, such as occupants of other vehicles involved, can also file claims against the motorcyclist. Their claims would cover their respective damages, including medical expenses, lost wages, and pain and suffering.
3. At-Fault Driver is the Operator of Another Vehicle and Has Caused Death:
   • Wrongful Death Claim: If the at-fault driver caused the death of the motorcyclist or passenger, the family members of the deceased can file a wrongful death claim. This type of claim seeks compensation for the loss of the deceased’s life, including:
     • Funeral and Burial Expenses: Costs associated with the deceased’s final arrangements.
     • Loss of Financial Support: Compensation for the financial support the deceased would have provided.
     • Loss of Companionship and Emotional Suffering: Compensation for the emotional impact on family members and the loss of companionship.

Types of Damage You Can Claim for Motorcycle Accidents

1. Property Damage:
   • Motorcycle Damage: This covers the repair or replacement of your motorcycle if it was damaged or destroyed in the accident.
   • Other Property: Any personal items that were damaged, such as clothing, helmets, or other gear, can also be claimed.
2. Medical Expenses:
   • Immediate Medical Costs: This includes expenses for emergency room visits, hospitalization, surgery, and other urgent care.
   • Ongoing Medical Treatment: Compensation should cover follow-up care, physical therapy, medication, and any long-term treatment or rehabilitation that you require.
3. Current and Future Loss of Earnings:
   • Lost Wages: Document all time missed from work due to recovery, including any days you had to take off for medical appointments or therapy.
   • Future Loss of Earnings: If your injuries affect your ability to work in the long term or alter your career prospects, you may be entitled to compensation for future lost income. Your attorney can assist in estimating these future damages.
4. Pain and Suffering and Reduced Quality of Life:
5. • Pain and Suffering: This compensates for physical pain and emotional distress caused by the accident and your injuries. Although it’s challenging to quantify, your attorney can help present evidence to support your claim.
   • Reduced Quality of Life: If your injuries have led to a diminished ability to enjoy life or engage in activities you once loved, this can also be factored into your compensation.

Additional Considerations

• Legal Assistance: Navigating these claims can be complex. An experienced motorcycle accident attorney in Defiance, Ohio, can help gather evidence, negotiate with insurance companies, and ensure that you receive fair compensation for all the damages you’ve incurred.
• Documentation: Keep detailed records of all medical treatments, expenses, and losses related to the accident. This documentation will be crucial in substantiating your claims.

Contact a Defiance Motorcycle Accident Attorney Today

If you’ve been injured in a motorcycle accident, having a skilled personal injury attorney is essential for managing your case and securing the compensation you deserve. At Boyk Law, our experienced Defiance motorcycle accident lawyers are dedicated to guiding you through this challenging period. We understand the unique complexities of motorcycle accident cases and will work diligently to ensure you receive the compensation and justice you are entitled to

Boyk Law wrote a book based on our experience in helping clients. This guide will help teach the secrets insurance companies do not want you to know including what steps you should take after a motorcycle accident, and how to maximize your recovery. Click here to get a free copy!

Contact us today for a free case evaluation and discover how we can help you achieve the justice and financial recovery you need. Let us leverage our expertise to support you every step of the way.