Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
If you have been involved in a motor scooter collision with someone visiting Toledo, a distinguished motorcycle accident attorney can help you seek compensation for the harm you have suffered. They can help you learn about any applicable out of state motorcycle laws in Toledo that may affect your case. Seek the advice of a lawyer immediately following your accident.
It could be critical for the injured party to try avoiding conflicts with out of state motorcycle laws in Toledo. As far as the civil laws, Ohio is a comparative negligent state. That means a person can make a claim for injuries if they can show that the other individual in the accident is more than 50% at fault. For example, if the other individual was 70 percent at fault, they can collect 70 percent of the value of their case.
Under Ohio law, the situation is that a person’s medical bills are paid upfront by the person or their health insurance and/or medical payment provisions and then they collect that out of the settlement. That is distinguished from Ohio’s neighbor to the north, Michigan.
Where all the medical bills and lost wages are initially paid under a person’s PIP coverage or personal injury protection coverage of their own insurance company and they cannot collect for that under Michigan law while they can collect for that under Ohio law. Even though Ohio is very close by, 15 minutes from downtown Toledo for example, the law is almost 180 degrees different in Michigan.
The only circumstance out of state law that applies would be if there are specific contractual provisions in the insurance policy of the state resident. One interesting situation that is an exception would be if there is a court of appeals decision in the six district, which is the North Western part of the state of Ohio. That indicates if two Ohio residents are involved in a Michigan accident, Ohio law would apply.
The court of appeals made the decision that since they are both Ohio residents Ohio law would be more relevant to Ohio people injured in another state. That decision has been successfully use to substantially increase the damages in resolving a large number of cases, but that is about the only other law that is applicable.
There is a large number of drivers in Ohio, both motorcycle drivers and car drivers, that do not carry automobile insurance. The impact is that if a person is injured in an accident in Toledo, there is probably 25 percent chance that the other driver will not have insurance whatsoever. That is a concern if a person wants to collect for their property damage, pain and suffering, inconvenience, or their medical bills. The lesson would that it is a great idea if they had full collision coverage on their motorcycle and also had a large amount of uninsured motorist coverage.
If a person has a valid license in another state, Ohio would honor that motorcycle license. Most other states would also allow those motorcycle licenses to be valid in Ohio. For example, if there is a mandatory helmet law in Michigan and there is not one in Ohio, then a person would be subject to Ohio law. Speaking with an attorney about out of state motorcycle laws in Toledo could be beneficial. They can help you determine what regulations may be applicable in your case.
Charles E. Boyk Law Offices, LLC