Toledo Motorcycle Accident Lawyer

The average car, truck, or SUV driver is now fortunate enough to have any number of safety devices protecting them when they are out on the road. Seat restraint systems, airbags, and automatic communication with an emergency operator are standard features for several makes and models of cars. Passenger cars are tested vigorously with teams of engineers and crash test dummies before they are even allowed to be put on the assembly line. For auto manufacturers and drivers, there has never been a safer time to drive a car.

Motorcycle riders, on the other hand, do not have nearly that many options. There are no seat belts to keep them on their bikes in the event of an accident. Because of this lack of built-in safety devices, motorcycle riders place a much higher premium on safety than people who drive cars. The great majority of bikers do all the right things: they obey the helmet laws and wear protective clothing, and they are constantly alert to their surroundings and other drivers. They maintain smart and safe intervals between their bikes and other cars. They stay within the speed limit and make sure that their paths are clear before switching lanes.

Unfortunately, when others on the road fail to exercise the same caution, Ohio becomes a pretty dangerous place for motorcycle accidents. If you have been involved in a motorcycle accident it is important you consult with a Toledo motorcycle accident lawyer in order to recover damages and hold the negligent party responsible. An experienced injury attorney let you know what to expect and ensure your rights are protected every step of the way.

Ohio Motorcycle Crash Statistics

According to Ohio State Highway Patrol, there were 18,980 motorcycle-involved crashes between 2018 and 2022. These accidents resulted in 927 fatalities and an additional 5,296 injuries.

There are plenty of cases where distracted drivers have crashed into a motorcyclist that was doing everything right. According to the National Highway Traffic Safety Administration, 51% of all motorcycles involved in fatal crashes collided with another vehicle in motion. There are many statistics and data on motorcycle accident injuries.

Despite all these alarming statistics, it is safe to say that motorcycle use is not going to decline. With gas prices going up on an almost weekly basis, more and more drivers are switching to motorcycles to simply save money on gas and maintenance. With more motorcyclists on the road, the odds of getting a serious and life-changing accident increase exponentially. Fortunately, a motorcycle crash attorney in Toledo can help you determine liability and recover from your losses.

Establishing Liability for Your Motorcycle Accident

Ohio follows an at-fault auto insurance system. This means the party responsible for causing a motorcycle accident is also responsible for covering your losses—typically through their insurance provider. However, to receive compensation, you must first prove that the other party was at fault. Insurance companies rarely accept liability without compelling evidence and often require a thorough investigation before offering a fair settlement.

Common examples of driver negligence that can lead to liability include:

• Distracted driving
• Driving under the influence of drugs or alcohol
• Failing to check blind spots
• Failing to yield the right-of-way
• Aggressive driving
• Running red lights or stop signs
• Other traffic violations

Our Toledo motorcycle accident team can investigate the circumstances surrounding your crash and gather critical evidence to support your claim—such as accident reports, witness statements, surveillance footage, and expert analysis.

Other Parties May Share Liability

Drivers are not always the only ones who can be held accountable in a motorcycle accident. For instance, if the at-fault driver was working at the time of the crash—such as operating a company vehicle—their employer may also share liability. Pursuing a claim against a business or corporation can open access to higher insurance policy limits, increasing your potential recovery.

Addressing Shared Fault and Ohio’s Contributory Negligence Rule

It is common for insurance companies to attempt to shift partial blame onto the injured motorcyclist. This tactic is often used to reduce the amount they have to pay, particularly under Ohio’s contributory negligence law. Under this rule, you may still recover damages if you are found to be less than 50 percent at fault. However, your compensation will be reduced by the percentage of fault assigned to you. For example, if you are found 20 percent at fault, you can still recover 80 percent of your total damages.

Our Toledo motorcycle accident attorneys are experienced in both proving liability and defending against unfair blame. We will challenge any attempts to wrongly assign fault to you and advocate for a full and fair settlement. Even if you are found partially responsible, we will fight to ensure your compensation is not reduced more than it should be under the law.

Recoverable Damages for a Motorcycle Wreck

Once you establish who is liable, you then must prove how much money you deserve for your injuries. Every motorcycle injury is different. You receive personalized medical treatment plans, so you should also receive a settlement that is tailored to your injuries and circumstances. Some losses that compensation should cover include the following:

Medical Bills

If you receive medical treatment for your injuries, you should get compensation to cover your bills. This includes emergency treatment, hospitalization, physical therapy, and anything else you need.

We do not only seek money for your current bills but also consider what future medical care you might need. Many motorcycle injuries are catastrophic and will need ongoing medical treatment for years or the rest of your life. Our lawyers calculate the estimated amount of future medical bills you will likely have and include it in your claim. We use medical experts to get an accurate idea of what your care might be and the cost.

Lost Income

Most people do not suffer a serious injury and report to work the next day. You might need time off because you are in the hospital or attending physical therapy appointments during the day. Sometimes, the injury itself keeps you from work by limiting your ability to perform your job as you should. Our attorneys seek compensation for all the income you lost due to your motorcycle crash in Toledo.

If you have permanent disabilities from the accident, you may never return to the job you had before. Your injuries might force you to get a job that pays less or that you do not enjoy. You might never be able to work again. Our lawyers work with financial and occupational experts to prove the future earning capacity you lost due to the accident. We always consider past and future losses if you have not yet made a full recovery.

Non-Economic Losses

Financial losses are not the only ones you can seek compensation for after a motorcycle accident. The law recognizes that injury victims can also experience:

• Pain and suffering
• Loss of enjoyment of life
• Mental distress
• Permanent disability or disfigurement

These losses come without an inherent price tag, so how do you decide what they are worth? Our attorneys know the methods that insurance companies usually accept when calculating non-economic losses. We consider every way your injuries affect your life and ensure your losses are properly valued.

Once we calculate what your claim is worth, we present evidence of your losses to insurers to justify our demands. If the insurance company offers less than you deserve, we do not concede.

How Long Do You Have to File a Motorcycle Injury Lawsuit?

Even though you have many concerns after a motorcycle injury, you should act quickly to start the legal process. This is because under Ohio Revised Code § 2305.10, you only have two years from the date of your injury to file a lawsuit.

Most cases do not begin with lawsuits. They start with investigations and insurance claims. The insurance process can take longer than you might anticipate, as it could require many rounds of negotiations before we can start litigation. Also, evidence of liability can disappear if you wait too long.

Your best strategy is to consult our Toledo motorcycle wreck lawyers as soon as possible. We can start on your case and identify the statute of limitations deadline for your situation. We make sure you file everything within the proper deadlines.

Interacting with Insurance Following An Accident

Insurance companies know all about the inherent dangers of riding a motorcycle. This is why your premiums are so high, even if you have a flawless record of safe riding. While the insurers have no issues with accepting monthly premiums, their equanimity has a tendency to decline when it is time for the money to flow the other way.

Considering that most motorcycle accidents involve medical treatment, it’s important to have someone on your side who is familiar with insurance company stalling tactics so you can get your medical bills paid quickly and completely. This is especially true if you sustained serious brain injuries or other catastrophic injuries. You will also need legal counsel on your side when it comes to recovering lost wages or getting your bike repaired.

If the accident resulted in a brain, spinal cord, or other serious debilitating injury, you can bet that the insurance companies will do all they can to avoid accepting responsibility, even if you clearly were not at fault. Tactics such as digging into your background, offering lowball settlements after long delays, and painting you as a careless and thrill-seeking biker are just some of the methods that insurers use to keep from fulfilling their obligations.

The first step towards getting your expenses paid and getting your life back on track is to take prompt action. If you or a loved one has been involved in a motorcycle accident due to the carelessness or recklessness of another driver, obtaining the services of an experienced Toledo motorcycle accident attorney as soon as possible can be the difference between waiting years for inadequate compensation and waiting months for a settlement that is reasonable and fair.

Discover the Importance of a Toledo Motorcycle Accident Attorney

Need to speak to a Toledo motorcycle accident lawyer with years of experience? Our team has helped motorcyclists get through the legal system, as well as getting them back on their feet again. There are critical steps that you should take after being in a motorcycle accident. Contact our offices for a free legal consultation and speak to a skilled personal injury attorney at our Lucas County, Putnam, Seneca County, or Williams County locations.