When a motorcycle rider is involved in an accident with a car or truck, it is understandable to be frightened and confused. Not only do you need to take the steps to ensure your physical recovery, but the mental anguish can also make it difficult to ride again.
On top of that, the insurance company can take an aggressive stance to try and force a quick settlement, or even try to convince you that the accident was your fault.
A Findlay motorcycle accident lawyer can work to advocate for you. Speak to a skilled accident attorney who can work to get you the compensation that you deserve.
What is the Legal Basis for a Motorcycle Accident Claim?
Most motorcycle accident claims are based around the legal concept of negligence. Negligence is the idea that certain people have a duty to not bring others to harm, and if they fail in that duty, may be held responsible. The legal definition of negligence has five portions or elements that must be met:
- Duty – Certain people have a responsibility, or duty, to ensure that others do not come to harm. In motorcycle accident cases, all drivers of vehicles have a duty to protect other drivers and pedestrians. Because of this, duty is not often at issue in motorcycle accident cases
- Breach – When a person who has a duty of care, and takes an action that breaks that duty, a breach is present. Using the example of not stopping at a red light and rear ending a motorcycle rider, the person who failed to stop may have been in breach of their duty to care for the motorcycle rider. This element of the case is the one most often in dispute in motorcycle accident cases
- Cause – The plaintiff must demonstrate that the breach of the duty of care was the cause of their injuries
- Scope – The plaintiff must also show that the injuries were foreseeable. Car and motorcycle collisions can often result in injuries. Therefore, scope is not often at issue.
- Damages – The plaintiff must have suffered actual physical injury to file a claim. Mental anguish is not sufficient
Ohio Statute of Limitations
Another aspect of Ohio law that must be considered is the concept of the statute of limitation. This is the idea that there is a time limit within which a person must file a claim in court.
For negligence claims in Ohio, there is a statute of limitations of two years after the accident under Ohio Statute 2305.10. 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. Contact Findlay motorcycle accident attorneys today.
Getting in Touch With a Lawyer
Do not let the insurance companies bully you into a quick, low paying settlement. A Findlay motorcycle accident lawyer work to gather evidence, complete the paperwork in the proper manner, and negotiate on your behalf to ensure that the settlement offers you receive are fair.
Most motorcycle accident claims never need to go to court, but if a complaint does need to be filed, an attorney can work to prepare you every step of the way.