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 are the Common Causes of Motorcycle Accidents?

Riding a motorcycle requires skill. Motorcyclists must take classes and hold a special motorcycle license to own and operate a motorcycle. However, the behavior of other drivers can raise the risk of an accident, even when a motorcyclist rides safely and carefully. Other drivers are not the sole cause of accidents, but they can present a danger to motorcyclists trying to share the road.

Accidents can come from a lack of care by another driver who causes a crash. For example, when drivers do not check their mirrors when changing lanes, they might end up cutting off or hitting a motorcyclist who is otherwise obeying the rules of the road. A motorist could also drive too fast or aggressively toward other vehicles, leading to rear-ending a motorcycle or forcing a motorcyclist to swerve, lose control, or drive into another vehicle or obstacle.

Distracted drivers can also make mistakes while behind the wheel, and distraction has become more commonplace for many drivers because of the increased presence of technology. Easily accessible cell phones and digital displays built into cars raise the chances of a driver becoming distracted and not seeing a motorcyclist, even if that driver normally operates their vehicle with care.

Texting while driving causes numerous accidents every year, and a distracted driver can greatly endanger motorcyclists. A driver taking their eyes off the road for even a fraction of a second can injure or even kill a motorcyclist.

A driver could also be impaired while behind the wheel. Driving a car or truck while tired or under the influence of drugs or alcohol can reduce a driver’s ability to operate the vehicle safely. Decreased reaction time, fuzzy cognition, and an inability to see the road clearly can easily cause a collision or other motorcycle accident.

Beyond the actions of other drivers, a few other factors can also cause a motorcycle accident. First, the car or motorcycle parts could be faulty or defective, such as bad brakes, a malfunctioning engine, or failing safety features. These mechanical issues could indicate that a vehicle manufacturer or designer caused the accident.

Environmental factors and hazardous road conditions could also cause an accident by making a road surface slick or filled with other obstacles, even if not clearly caused by a particular person on the road at the time of an accident. Rain, sleet, and snow can make for dangerous roadways, and construction zones or debris on the road can also lead to an accident.

An attorney in Findlay familiar with motorcycle accidents, claims, and injuries can help determine how an accident happened in the first place. Determining the exact cause of an accident can answer some baseline questions an injured person might have, such as whether there is any basis for a legal claim for compensation and who could be responsible.

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

Damages can include both economic and non-economic harm, depending on the circumstances. Concrete expenses and costs, such as medical bills, present and future lost wages, and property damage typically count as economic damages and can be quantified for a judge or jury. Replacing a damaged motorcycle, for example, could count as one such cost for property damaged in an accident.

Other costs without a set value, such as pain and suffering and loss of relationship with a victim of a severe accident, can be included as non-economic damages, though they can be more difficult for a jury to understand and place a price tag on. A lawyer can explain the injured person’s non-economic damages in a way that can resonate with a judge or jury and allow these damages to be awarded despite any calculation issues.

Punitive damages might also be available to an injured motorcyclist, but only if the judge or jury determines the person at fault for the accident is particularly culpable in a separate portion of a trial. Ohio Revised Code § 2315.21 allows for punitive damages in the case of “malice or aggravated or egregious” actions. Punitive damages can stack on top of compensation already received.

There are limits, however, with punitive damages for personal injury claims capped by statute at two times the compensatory damages (or 10 percent of the defendant’s net worth at the time of the accident, if an individual or small business). Punitive damages also cannot rise above an upper limit of $350,000, even if doubling the compensation would result in a larger number.

Figuring out what damages to claim and in what amount is a crucial part of constructing and bringing a claim. A Findlay motorcycle lawyer can document the cause of your accident and calculate your expected compensation.

Complications for Motorcycle Accident Claims

A negligence claim based on a motorcycle accident may require more than just evidence of the elements listed above. Ohio uses a legal system of comparative negligence, which can assign fault to anyone involved, including a victim, as set up by Ohio Revised Code § 2315.33 and § 2307.23.

An injured party could see reduced compensation in proportion to the percentage of their own fault for their injuries. For example, when the injured person is found 20 percent responsible for an accident, but the defendant is found to be 80 percent responsible, the judge or jury can award 80 percent of the total damages initially claimed. A victim could lose all damages if they are more than 50 percent responsible or more responsible than the defendants.

Insurance claims from motorcycle accidents might be denied based on an insurance company minimizing injuries or claiming that injuries did not come from a particular accident. An insurance company might say there is no evidence of a specific injury or that an injury was worsened after the fact, so documenting injuries can show that they should pay out benefits. An insurance company might also try to turn the blame for the accident on the victim, which makes it more critical to document the accident and get an attorney to fight back and file a lawsuit.

Motorcycle accidents, in particular, can involve more complex facts and issues of fault. First, they could involve complicated questions about what happened and how, especially at high speeds.

Determining the fault of one driver as opposed to another can be complicated because even though dashboard and helmet cameras can provide evidence, eyewitnesses to an accident may offer different or incomplete stories of who is to blame and how an accident developed. That complexity increases with the number of vehicles and drivers involved.

Riding a motorcycle can be viewed as dangerous and risky on its own, and some motorcyclists flaunt the rules of the road, such as when swerving through traffic or speeding. Even the nature of riding a motorcycle can be perceived as a rider willingly taking on risk, as motorcycles do not have the same safety mechanisms (seatbelts or airbags) as a car and have no barrier between the rider and the road.

Clear evidence of the fault and the negligence of the other party must overcome any implicit bias a judge or jury might have. With the opportunity for an injured person’s negligence to reduce their damages as described above, anything less could seriously jeopardize their ability to recover.

Motorcycles, especially in heavy traffic, may be less visible. Their slim profile and the ability to change direction and lanes at speed can make them easily overlooked by other drivers. Proving negligence on the part of another driver can be challenging, even if the motorcyclist did nothing wrong. The chances of a claim failing due to the inability to demonstrate another driver’s breach of duty of care increase as a result, underscoring the need for caution and awareness of the legal complexities.

The state’s system of comparative negligence makes it very important to gather and protect evidence as soon as possible after an accident. A Findlay motorcycle accident attorney can show the person or entity sued was negligent and should be held fully responsible for a claim, but not when too much time passes and evidence disappears.

Steps to Take After a Motorcycle Accident

The first thing anyone should do after an accident is seek medical attention, even if they feel okay immediately afterwards. A medical professional can document any injuries even if they are not obvious in the moment. Documenting this initial care and any injuries can help make a claim for damages by accurately recording the costs of the accident.

An injured motorcyclist should also try to document the scene of the accident. Taking pictures of the vehicle or vehicles involved, the surrounding area, and the roadway could all provide evidence if a claim is pursued.

At the same time, reporting the accident to law enforcement as soon as possible should also be a priority. This reporting could be a part of getting medical attention from emergency services, or it could come from informing the police or state troopers after the fact. Either way, filing a police report can help with making a claim for injuries, as well as getting further evidence to support that claim.

Next, an injured motorcyclist should seek legal counsel quickly. An attorney can provide critical advice on how to proceed, which could entail making an insurance claim or filing a lawsuit in court. An experienced lawyer can also help a potential plaintiff (the person bringing the suit) gather evidence they will need to pursue compensation for a motorcycle accident.

Eyewitness accounts, surveillance footage, and police reports can all be obtained by an attorney, but these types of evidence are best found and used soon after an accident to prove a victim’s claim and deny any claim they were negligent. Getting the best evidence early can make a huge difference in the outcome of a motorcycle accident claim.

During the entire process, a plaintiff should take care in how they present themselves, such as on social media sites. Sharing pictures of physical activity and recreation might paint the wrong picture, even if the injuries named in the lawsuit do not completely incapacitate an injured motorcyclist. An attorney can provide advice on how to describe an accident to ensure that no mistaken statements turn into evidence to prove fault.

Ultimately, moving quickly after an accident to document damages and gather evidence helps protect a victim’s rights initially and at trial. Working with an attorney to start a claim can ensure the claim is filed within the statute of limitations.

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 Code 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.

Gett in Touch With a Findlay Motorcycle Accident Attorney

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. Call today to learn more.