While there are many precautions a motorcyclist can take to increase their safety, they are unfortunately sometimes not enough. According to The National Highway Traffic and Safety Administration (NHTSA), helmets are only 37 percent effective in preventing a fatality during a motorcycle collision.
If you were injured as a result of a motorbike wreck, it might be time to reach out to a dedicated Lima motorcycle accident lawyer. Proceeding without professional legal assistance could impact your ability to receive a full recovery for your injuries and losses. A knowledgeable personal injury attorney could help you review your case and consider your options.
Motorcycle Statutes and Regulations in Lima
Ohio imposes specific safety regulations that motorcycle operators and their passengers must follow. Under Ohio Revised Code §4511.53, motorcycle operators are not required to wear a helmet unless they are under the age of 18 or currently have a Temporary Instruction Permit Identification Card (TIPIC). A TIPIC, or “novice” license, is a permit that allows operators restricted use of their motorcycle until they earn their full license.
Passengers are required to wear helmets if the operator of the motorcycle is under 18 or has their TIPIC, or if the passenger is under 18 years old or has their TIPIC. Ohio law also requires both operators and passengers to use eyewear regardless of age or license privileges, unless the motorcycle has a windscreen.
However, the statute further states that even if a rider violates these safety regulations, the violation cannot be used against them in civil court. Therefore, in a personal injury lawsuit involving a motorcyclist, the court cannot take into consideration that the rider was not wearing their helmet.
Steps to Take After a Motorcycle Accident
Safety must be the top priority after any motorcycle accident. A severe injury may leave you disoriented, unable to think clearly, and potentially unable to get yourself to safety. If you cannot do anything else, try to call 911 and get emergency responders to the scene.
After a motorcycle wreck, check yourself for injuries. Before trying to move, evaluate whether you have any injuries quickly and whether moving would exacerbate those injuries. In some instances, you may not have any choice. Motorcycle wrecks often leave bikers in the middle of the road, vulnerable to additional collisions. Getting to safety is the top priority.
If you can do so, check to see if anyone else was injured in the accident. Bikers in collisions with passenger vehicle operators are much more likely to have severe injuries than the people in those vehicles.
Call 911 to report the accident. Inform the dispatcher that a motorcycle accident has occurred and request police and EMTs. While many people may be reluctant to receive medical attention at the scene, it’s important to remember that adrenaline is high after an accident, which can mask the perception of pain. You could have injuries that you’re not aware of at the time of the accident.
The risk of head injuries is high in any motorcycle accident. Wearing a helmet significantly reduces this risk and can mitigate the severity of a traumatic brain injury (TBI). Having an EMT assess your condition at the scene is crucial to ensure you receive the necessary medical care. However, it’s equally important to follow up with your medical care provider within a day or two of the accident, as some injuries may not be immediately apparent.
Collect information from the other drivers involved in the accident. The essential information to get includes:
- Name,
- Telephone number,
- Email address,
- Driver’s license number,
- Vehicle license plate number,
- Insurance policy number,
- Insurance company, and
- Insurance company phone number.
Collect similar information from any witnesses at the scene. If possible, ask them what they saw and get an idea of the type of information that they can provide. Witness testimony can be critical in establishing what happened at the scene.
Take photos if you can. If you cannot, and you see others taking photos at the scene, request that they email or text you. Photos should include pictures of the wreck, both vehicles, identifying information for the vehicles, and the surrounding conditions. If there is anything at the scene that would indicate wrongdoing by the other driver, like empty beer cans rolling out of the car when they open the door, document that with photos, as well.
When police arrive on the scene, you can answer direct questions about the accident. However, do not admit fault in any way. Accidents are often disorienting, and some people apologize even if they have done nothing wrong. An apology can be a sign of fault, so it is important to stick to the facts when answering questions about the accident. Get the name, badge number, and phone number of any police officer on the scene.
Contact your insurance company and the other insurer to report the accident. They will call you to ask you what occurred. You have the right to have a lawyer present when you answer the insurance company’s questions. That may be important if you shared fault in the accident. It can also be essential for anyone who was disoriented at the scene.
Get follow-up medical care and follow all medical provider instructions for ongoing care. Keep a record of diagnosis, treatment, and payments for medical expenses. If you have any other expenses related to the accident, keep a record of those expenses.
Dealing with Insurance Companies
Insurers are not on your side. Their job is not to ensure that you are okay after an accident. That is true, whether it is your insurer or the other person’s insurance company. They are for-profit businesses. Their priority is to spend as little money as possible, while still fulfilling their legal obligations. That often translates into offering you as little money as possible, and avoiding liability whenever possible.
Knowing that information, you should prepare to interact with insurance companies as adversaries, not partners. Many people misinterpret this and act hostilely to insurance adjusters. That is not what it means to be adversarial. Hostile is generally rude, while adversarial means recognizing that you are not on the same time and proceeding accordingly.
You probably do not know how to look out for your own interests while dealing with an insurance company. A Lima motorcycle accident attorney does. They know how to help keep you from making incriminating statements and convey that the other party is responsible.
Lawyers are also critical in helping you evaluate the fairness of a settlement offer. Many insurers will offer quick settlement amounts. They may seem adequate—or even generous—to victims who are unfamiliar with the long-term costs associated with motorcycle injuries. However, they may be grossly inadequate to deal with those long-term expenses. A lawyer can help you evaluate whether the settlement offer is fair, and, if not, help you negotiate for a higher settlement amount.
Statute of Limitations
One of the most critical statutes motorcycle crash victims in Lima should be aware of is the statute of limitations. ORC §2305.10 states that a plaintiff must file their personal injury lawsuit within two years of the date of injury. Failure to file within the allotted time could permanently prevent an injured party from seeking recovery.
Common Causes of Motorcycle Accidents
While there are fewer motorcycle accidents than other vehicle accidents, bikers are more likely to be in a wreck than other drivers because motorcycles are more difficult to spot. They are physically smaller than other vehicles, and because they are less common, other motorists may forget to look out for them.
Just like motorists need to be aware of blind spots for other vehicles, bikers need to be aware of blind spots and avoid riding in them. Ideally, bikers should surround themselves with ample space on each side, which is not always possible in heavy traffic.
Bad weather contributes to motorcycle accidents. Anything that leads to slick or wet roads increases the risk that the bike will slip or skid, causing the biker to lose control. Precipitation or fog can decrease visibility and make it more difficult to see a motorcycle, especially when combined with low-light conditions.
Construction is another cause of motorcycle accidents because it contributes to low visibility. It can also lead to changes in grade on the road, uneven roads, lack of shoulders, narrowing lanes, and other issues that increase the chance of collisions.
Most motorcycle crashes occur at intersections due to failure to yield or a driver not seeing a motorcycle. The fact that motorcycles may not weigh enough to trigger light changes can be another factor. Drivers may fail to yield because of distracted driving, texting while driving, drowsy driving, and driving under the influence. Other behaviors that can lead to motorcycle wrecks include speeding, unsafe lane changes, and reckless driving.
Some motorcycle wrecks are single-vehicle accidents. Bikers are responsible for many of those wrecks, but contributing factors and third parties can also contribute to them. One risky behavior is when drivers open their car doors without checking for bikers. It can lead to a collision with a parked vehicle that can result in severe injuries to the biker. Bikers may hit other stationary objects, lose control on bad roads, or drive off the road.
Determining the At-Fault Party In Motorcycle Crashes
Ohio follows the modified comparative fault standard—also known as the 51 percent bar rule—to determine the primary party at fault in personal injury cases. Under this rule, found in Ohio Revised Code § 2315.32, a motorcycle collision plaintiff in Lima cannot recover compensation in a personal injury action if they are found to be 51 percent or more at fault for causing the accident.
Comparative fault does not mean recovery is impossible. In fact, even if the injured party contributes to an accident, they may still be entitled to some compensation from other wrongdoers. However, they cannot collect from others for their own percentage of the blame.
If the plaintiff is found 50 percent or less at fault, they may recover damages reduced by the amount of responsibility they contributed to the cause of the accident. For example, a plaintiff found to be 10 percent at fault for causing a accident could recover for 90 percent of their total damages. A skilled Lima motorcycle collision attorney could help evaluate a potential plaintiff’s percentage of fault and work with them to pursue the maximum available compensation.
Damages in Motorcycle Crash Incidents
A plaintiff injured in a motorcycle wreck in Lima may seek both economic and noneconomic damages. Economic damages could include medical costs, lost income, and property damages as a result of the accident. Noneconomic damages might consist of pain and suffering and emotional distress.
After a judge awards compensatory damages, they may also consider granting a plaintiff punitive damages if the at-fault driver’s behavior was purposeful or extremely outrageous. A Lima lawyer who is familiar with motorcycle accident may be able to discover if punitive damages could apply to a particular case.
Complications in Motorcycle Accident Claims
Getting fair compensation after a motorcycle accident can be challenging. Many people still have misconceptions about bikers as reckless or criminals, and this can affect how insurance adjusters, judges, and juries view victims in motorcycle accidents. They may assume that the biker was acting irresponsibly at the time of the wreck.
Motorcycle crashes often result in severe injuries or death. The severity of the injury can make it difficult to estimate your recovery potential and the total costs associated with recovery and maintenance. Insurance companies may try lowball settlement offers right after the accident when you cannot know how long recovery will take, what type of recovery you will achieve, and the costs associated with recovery, treatment, or accommodation.
The severity of the injuries affects your ability to participate in the settlement or litigation process. Some victims may face mobility challenges, have cognitive issues, or struggle to participate in everyday activities due to pain. These issues can impact their ability to work with their attorneys and insurance companies to get a resolution.
A Lima motorcycle accident attorney’s job is to meet and overcome these challenges. During a trial, they can introduce the jury to you, not some nameless, faceless biker stereotype. They will confront the idea that your damage expectations are too high by showing how expensive motorcycle accidents can be. By demonstrating that a damage request is based in reality, they increase the odds of you getting a recovery.
Most importantly, attorneys who work with clients with severe injuries understand how an accident affects victims and their families. They work around those injuries, offering flexibility, compassion, and understanding. They can help their clients get a settlement or jury award that pays for their injuries and connect them with other helpful resources.
One challenging factor is the liability limit on many insurance policies. The minimum required liability insurance coverage is only $25,000 per person in an accident. While many motorists have more coverage, the reality is that those limits are rarely sufficient to pay for even moderate damages. You can always file a lawsuit against a person’s other property and assets, but they may not have the money to pay for the damages. A lawyer can examine the case and look for potential third-party liability, which may increase the likelihood of financial recovery.
How a Lima Motorcycle Accident Attorney Could Help
If you suffered an injury from a motorcycle wreck, seeking professional legal help could be beneficial to your situation. A seasoned Lima motorcycle accident lawyer may be able to help you explore your options and proceed with your case efficiently and effectively. Schedule your consultation with an attorney from Charles E. Boyk Law Offices and get started on your case today.
