Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Part of what makes motorcycling so thrilling—riding through the open air with relatively little protection—also makes it perilous. The National Highway Traffic Safety Administration reports that motorcycle fatalities occur about 28 times more frequently than deaths in other vehicles. Even those who survive motorcycle accidents tend to sustain more severe personal injuries, such as spinal cord and brain trauma.
Fortunately, there is help available in the form of a dedicated personal injury attorney. If you are the victim of a motorcycle crash caused by someone else, a skilled Sandusky motorcycle accident lawyer could advocate on your behalf and potentially help you recover damages.
With the exception of riders who are either novices or under the age of 18, motorcyclists in Ohio are not required to wear helmets. It may come as no surprise, therefore, that motorcyclists without helmets are far more likely to suffer brain damage or death in an accident.
Even with a helmet, motorcycle crash victims can suffer terrible and potentially life-altering injuries. Examples include spine and spinal cord damage, fractured or broken bones, burns, road rash, biker’s arm, or muscle damage.
If another party is to blame for an accident, a Sandusky motorcycle crash attorney may be able to secure monetary relief on behalf of a victim in the following categories:
Punitive damages, which are meant to serve as a deterrent to similar future misconduct and punish the defendant(s), may also be awarded in rare circumstances.
Depending on the circumstances of the accident, potential defendants might include the driver of another vehicle, the manufacturer of the motorcycle and its parts, any mechanics responsible for servicing the vehicles involved in the crash, and the municipality charged with maintaining safe roadways and driving conditions. In some cases, though, a motorcycle accident victim may be found to be partially at fault themselves.
Pursuant to Ohio Revised Code §2315.33, plaintiffs deemed to be 50 percent or less at fault could recover damages equivalent to the amount of fault apportioned to other parties. However, plaintiffs deemed to be 51 percent or more at fault could be completely barred from any recovery, essentially enabling a liable defendant to avoid paying damages altogether.
Additionally, according to Ohio Rev. Code §2305.10, a motorcycle crash lawyer in Sandusky must file a case within two years from the date of the accident for a plaintiff they represent to recover compensation. Otherwise, a defendant will likely move to have the case time-barred, and a court would almost certainly dismiss the case.
Motorcycle accidents can devastate the lives of their victims. From temporary loss of income to permanent loss of limb or life, the resulting damages may be significant.
An experienced and compassionate attorney could help you better understand your rights and work tirelessly to secure monetary damages on your behalf. To learn more about the possibility of pursuing relief through the legal system, reach out to a Sandusky motorcycle accident lawyer today.
Charles E. Boyk Law Offices, LLC