Many motorcycle riders love the freedom and excitement of being on the open road. Sometimes, however, that feeling can turn sour when an accident occurs, especially if it leads to serious injury.
If you were involved in a motorcycle accident that someone else caused, a seasoned personal injury attorney may be able to help. Consider contacting a Fremont motorcycle accident lawyer for professional assistance and advice for protecting your rights under such circumstances.
Motorcyclist Rights And Obligations
In Ohio, with limited exception, motorcycle riders have the same rights and obligations as any other vehicle they share the road with, as established by Ohio Revised Code § 4501.01. There are some rules specific to riders, such as the obligation not to exceed two riders in a lane of traffic (ORC § 4511.55) and the requirement that any rider under the age of 18 or operating under a learner’s permit wear a helmet when riding (ORC § 4511.53).
Common Causes of Motorcycle Accidents
Motorcycle riders are more likely to get into accidents than automobile drivers in the number of accidents per miles driven, but this does not mean bikers are more reckless or negligent. While bikers are responsible for some accidents, drivers are responsible in many other cases. Exploring the causes can help people understand whether they may be at fault and may even help some bikers avoid accidents.
One of the main causes of motorcycle accidents is lack of visibility. Drivers of larger vehicles are accustomed to watching for passenger cars and trucks. Since motorcycles are smaller than other vehicles, they can quickly disappear into blind spots. While bikers can change their behavior to reduce the likelihood of accidents, drivers must pay attention and look out for bikers to lower the number of motorcycle crashes.
Anything that impacts visibility can increase the likelihood of motorcycle wrecks. Bad weather, such as rain, snow, sleet, and fog, can all make it more challenging to see bikers. So can construction, which can block visibility. The biggest impediment to visibility is vehicle blind spots. One tip bikers can use is to ensure they can see a vehicle’s mirrors. If a biker can see the mirrors, the driver should be able to see them.
Lack of visibility leads to some common accidents, such as sideswiping a motorcycle as a driver changes lanes, turning left into a motorcycle, and failing to yield the right of way. Most motorcycle wrecks occur in intersections, suggesting that the failure to yield the right of way is the leading cause of motorcycle wrecks.
Some behaviors contribute to motorcycle wrecks, whether the guilty party is the biker or a driver, including:
Some motorcycle accidents are single-vehicle accidents. In these, a biker collides with a stationary object, wrecks because of poor road conditions, or drives off the road. Bikers may also hit stationary vehicles. One colossal risk is when drivers or passengers open their vehicles without checking, putting a car door in the biker’s path. Some drivers may even do this on purpose, which is horrific since it can lead to severe injuries or death for a biker.
Types of Injuries in Motorcycle Wrecks
It is unusual for a biker to walk away from an accident without injuries. Protective gear can reduce the likelihood of injuries but may not eliminate them. Bikers often get bruises, lacerations, road rash, sprains, and strains. While these injuries can be painful and traumatic, they are not as devastating as some of the more severe injuries that bikers can get.
Road rash is essentially an enormous scrape, which happens when the skin rubs against a hard or rough surface. While road rash is often a minor to moderate injury, it has degrees, like burns. First-degree road rash may be red and tender. It may not require medical treatment, though having it checked by a medical professional to avoid the risk of infection is a good idea. Second-degree road rash goes beyond the first layer of skin. Third-degree road rash involves substantial damage to the skin and underlying tissues. Recovery from first or second-degree road rash may take a few weeks. Recovering from third-degree road rash can take substantially longer and may require constructive surgery like skin grafts.
Moderate injuries include:
- Broken bones or fractures,
- Internal injuries,
- Muscle damage,
- Internal injuries,
- Burns,
- Knee injuries,
- Arm injuries,
- Eye injuries, and
- Soft tissue injuries.
These injuries usually require medical intervention and time away from work. However, people are often able to make full recoveries or recover enough to resume most of their usual activities.
Severe injuries include:
While these injuries can be treatable, they often lead to permanent disability and a loss of earning capacity.
TBIs can happen in any accident, but they are common in motorcycle wrecks. Even when they are wearing helmets, bikers have less protection for their skulls in an accident, and many motorcycle accidents cause the rider’s head to hit the ground. Any hard blow to the head can lead to a TBI. These injuries have three degrees: minor, moderate, and severe.
Minor TBIs are also known as concussions. They are caused when an impact shakes the brain and causes it to hit the skull. These often resolve on their own. However, they can lead to lifelong problems. The issues may be hidden and only appear after additional concussions. The more concussions a person experiences, the greater the chance of severe brain damage.
Moderate and severe TBIs are unlikely to heal on their own and may not heal with medical intervention. They can lead to problems with memory, cognition, speech, and muscle control. TBIs can also lead to changes in personality or mood. A formerly easygoing person may become volatile and angry. For family members and friends, the person may not resemble their former self. TBIs can lead to tremendous disruptions in family and romantic relationships.
Spine and neck injuries can also be severe. They can lead to temporary or permanent paralysis, the loss of sensation or movement in some or all of the body. Paralysis has various degrees, but it can impact more than movement. Injured people may have problems breathing, regulating blood pressure or heart rate, and regulating their body temperature. It can impact bowel and bladder control as well as sexual function. Just like TBIs, spine and neck injuries are often life-altering for the victim and their family.
In many motorcycle wrecks, the victim experiences multiple injuries at one time. Even if no single injury would be catastrophic, a collection of injuries can delay healing, impair a person’s ability to work, and increase their physical and emotional pain. Some psychological injuries after a motorcycle accident include depression, anxiety, and post-traumatic stress disorder. Additionally, many people who suffer severe injuries develop drug or alcohol issues during the recovery process.
Comparative Fault in Fremont Motorcycle Crash Cases
Ohio is a comparative negligence state. This means that when an injured motorcycle rider brings suit against other responsible parties, a court would look to the percentage of fault attributable to the injured rider versus that attributable to the negligent driver or another party, as established by ORC § 2315.33
So long as the injured rider is not more than 50 percent responsible for the accident, they may recover against the other party or parties. However, their recovery would be reduced by the percentage of fault ascribed to them.
However, if an injured rider is more than 50 percent at fault, recovery for the injury can be barred entirely. Because this can lead to harsh and seemingly unfair results, an injured rider may benefit from a consultation with a motorcycle injury lawyer in Fremont who could help determine whether they have a viable claim.
Complexity of Motorcycle Accident Claims
It would be easy to recover damages if only one person could be factually responsible for an accident. In many accidents, more than one party is negligent. For example, a biker may be speeding when a motorist makes an unsafe lane change. Comparative negligence means the biker should be able to recover from the driver, even if they share responsibility, but only if the biker is 50 percent or less at fault.
One issue that makes assigning fault difficult is that the biker is often much more severely injured than the driver. The biker’s injuries may be so severe that they are unable to do anything at the scene of the accident to present their version of events. The biker may be unconscious, unable to move, or require immediate transport to the emergency room. This interferes with their ability to share their perspective of what happened. The motorist is unlikely to have the same degree of injuries, so they can present their version of events. That can skew the investigation, which may be a source of substantial evidence at the trial.
Even when a biker can describe what happened at the scene, they may be unable to walk around and gather evidence. After any motor vehicle accident, victims should take photos of the scene and get contact information from any witnesses. A person who has a severe injury is unable to do those things, which can lead to lost evidence and opportunities. A Fremont motorcycle attorney’s job is to help reconstruct that evidence.
Another complication specifically relates to TBIs. When someone experiences a TBI, they often have memory loss surrounding the events that led to it. They may not remember what happened just before or during the accident. Even if they can remember, the presence of a TBI allows the other party’s attorney to question the victim’s version of events.
Finally, helmet use can complicate claims. State law does not require adult riders to wear helmets, so failure to wear a helmet is not a crime. However, the evidence is clear that wearing a helmet dramatically reduces the likelihood of a TBI and severe head injuries. Helmets can also reduce the likelihood of neck injuries and paralysis. When a helmetless rider experiences a TBI or neck injury, the defendant will often try to prove that being helmetless was the leading cause of the injury. An experienced attorney prepares for this argument and defeats it by demonstrating that the lack of the helmet did not contribute to the accident, which is the core cause of the injuries and damages.
Fremont Statute of Limitations
Another complication is the statute of limitations, a law that limits how long a victim has to bring a case. When a victim experiences a severe injury, they may need to concentrate on healing and adjusting to a new way of life. They might want to put off litigation until they are able to focus on the suit. The statute of limitations is short enough that people may be unable to do that.
Under ORC § 2305.10, Ohio imposes a two-year statute of limitations for civil negligence claims. While there are limited exceptions to this rule, it is usually important that an injured rider consider consulting with an accomplished attorney as soon as possible so that their rights may be protected in a timely fashion.
Recoverable Damages and Compensation
Damages resulting from a motorcycle accident can vary widely, but may include:
- Compensation for pain and suffering resulting from the accident
- Payment for lost wages and any impact to future earning capacity due to injuries suffered
- Recoupment of medical expenses arising from the accident, including post-injury rehabilitation expenses
- Compensation for property damage
A Fremont motorcycle injury lawyer may help in determining the potential size of a damage claim for an injured rider. They could then help structure a settlement demand that accounts for all the injuries and losses the injured victim sustained.
How a Lawyer Can Help
A motorcycle accident lawyer in Fremont can do many things to help injured people. The best way to find out what an attorney can do for you is to schedule a consultation to speak with them about the circumstances of your accident, the injuries you sustained, and the effect the injuries have had on your life. Using that information, an attorney can give you an idea of the type of claim you have and how they can help you prove it.
One of a lawyer’s main roles is to help you understand what type of damages and financial compensation you deserve after your accident. They use their experience with the lifelong costs of similar injuries to help you estimate the financial costs related to your injury. They will also compare non-economic damage awards for similar cases to show you what type of compensation may be available for pain and suffering, loss of consortium, and other intangible injuries.
Lawyers can also help you identify liable parties. Sometimes, multiple factors create the conditions that lead to an accident, such as hazardous road conditions or defective motorcycle parts. These factors can be crucial because they may keep you from being more than 50 percent responsible for the accident, even if you are more responsible than any single defendant.
An attorney can handle negotiations with insurance companies. Insurers often make lowball settlement offers to victims in an effort to take advantage of fear and financial worry after an accident. When you are recovering from severe injuries, you are not in the best position to negotiate. A lawyer can do it for you, significantly increasing the likelihood of a larger settlement.
When insurers are unwilling to offer a fair settlement, an attorney can file a lawsuit on your behalf. Theoretically, you can represent yourself in court. However, pro se (people who represent themselves) plaintiffs (the people seeking damages) have to meet the same rules and requirements as lawyers. By representing yourself, a simple error could prevent you from getting financial compensation. When you choose the Charles E. Boyk Law Offices, you do not have to worry about how you will pay for an attorney. If you do not get paid, you will not owe any attorney’s fees.
Let a Fremont Motorcycle Accident Attorney Help
Motorcycle accidents can be scary and life-altering, and the pain and confusion after an accident can be difficult to manage. On top of all that, dealing with lawyers, insurance adjusters, doctors, and the like consumes significant time and energy.
A Fremont motorcycle accident lawyer could help you deal with all these complexities and work to ensure you receive helpful advice in connection with your claim. Therefore, if you were in an accident recently, call the Charles E. Boyk Law Offices today to start exploring what a dedicated attorney could do for you.
