Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Riding a motorcycle is an enjoyable and thrilling pastime, but it can also be dangerous. Due to the lack of protection offered by motorcycles, injuries can sometimes be fatal. Accidents involving motorcycles are frightening and overwhelming, especially if you are from out of state. That is why it is important to work with a local, experienced motorcycle accident attorney that could take various Toledo out of state motorcycle accident considerations into account while filing your claim. Work with a capable lawyer that could fight for you.
Under Ohio law, the driver is going to be responsible for their own negligence. For example, if they were negligent in the accident, they would be liable for the injuries to the other car or the other motorcycle. For the injuries to their passenger, they would be liable up to the percentage of negligence that a jury determines.
If the jury determines the motorcycle driver was 60% at fault, they would owe 60% to the other driver and owe 60% of damages to their passenger. The major concerns would be the lack insurance of a large number of Ohio drivers and that motorcycles are perhaps followed looked at more closely by the police because of the inherent risk of more substantial injury in a motorcycle accident.
An out of state motorcyclist could use the fact that they are not local as a defense, but it probably would not help much. One of the Toledo out of state motorcycle accident considerations to keep in mind is that while the law can vary in certain jurisdictions, some laws are the same no matter where someone goes. For example, if they were driving without a valid license, the fact that they did not have a valid out of state license would cause them to be charged with driving without a valid license.
In Ohio, even if their out of state license was suspended out of Georgia, a person would have the same situation. There would not be any defense that Ohio would honor because the individual was out of state. To drive on Ohio roads, a person would be compelled to the same standard of care as any Ohio driver would be driving on Ohio roads.
No fault benefits are another one of the Toledo out of state motorcycle accident considerations to keep in mind, although they apply to the rest of Ohio as well. No-fault benefits refer to personal injury protection benefits that would potentially pay for property damage to the vehicle, medical bills, and lost wages. They can make a great difference when filing an accident claim.
If a Michigan driver was involved in an accident in Ohio, according to their contract, they could still get medical treatment under their Michigan PIP coverage even though the accident happened in Ohio. Their rights would still exist as far as the PIP coverage even if the accident happened in another state.
If it was an Ohio driver and the accident happened in Michigan, in that situation if an insurance carrier writes insurance in Michigan, they would get PIP benefits. For example, if the person has an Ohio State Farm policy, they go to Michigan, they are injured in an accident, and State Farm writes insurance with the same name of their carrier in Michigan, they would be eligible for Michigan PIP benefits, because the law of the accident where the accident took place would apply. So, they would be entitled to PIP coverage because the accident happened in a PIP state.
The Ohio individual injured in Ohio with a Michigan resident would be entitled to Ohio law applying and Ohio insurance benefits applying. The Michigan resident would be entitled to their Michigan benefits applying. It would be Michigan contract law, but it would be Ohio substantive law. That means the law of legal responsibility for the accident and for the damages would be the Ohio law.
If you are involved in a motorcycle accident, you should cooperate with the police, get photos of the damages, get the names and phone numbers or addresses of any potential witnesses, seek immediate treatment, and contact an attorney early in the process to protect your legal rights. A knowledgeable motorcycle accident lawyer should be aware of the different Toledo out of state motorcycle accident considerations, and could leverage them to build your claim. Speak with an experienced legal advocate today and know you are in good hands.
Charles E. Boyk Law Offices, LLC