Charles E. Boyk Law Offices, LLC
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.
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.
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.
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, 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.
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.
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.
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 and get started on your case today.