When motorcyclists collide with a car or larger vehicle, they usually end up bearing the brunt of the crash. Furthermore, motorcycle riders do not have the enclosure of a car to protect them from the impact; they could have severe injuries that would also be costly to recover from.
Here in Pickerington, motorcycle accident victims can seek a settlement from the drivers or other parties who caused the accident. Learn more about the different relevant laws that pertain to your situation and how a Pickerington motorcycle accident lawyer can help you file for damages.
Liability in Pickerington Motorcycle Accidents
In general, all vehicle drivers, including motorcycle riders, have a duty of care to others on the road. This includes following traffic and other motor vehicle laws. Therefore, you can hold a driver liable for negligence if their failure to drive responsibly leads to a motorcycle accident.
You may also have other parties involved in the motorcycle crash. For instance, a jaywalking pedestrian could force motorists to swerve on the road and collide with others. Our motorcycle accident lawyer serving Pickerington can help you gather evidence of the accident, such as surveillance footage, dashcam videos, and police reports. These can help determine who is at fault for the incident.
For a free legal consultation with a motorcycle accident attorney in Pickerington, call (614) 538-1116
Insurance Claims as Your Primary Option
Pickerington’s motorcycle accident victims typically file liability claims first. This is because Ohio requires all motorists to carry bodily injury and property damage liability coverage. If they cause an accident, this coverage will help cover their victims’ expenses, including medical bills and motorcycle repairs.
If the other party’s insurance provider does not give you a fair settlement offer, you can also have our motorcycle accident lawyer serving Pickerington help negotiate for more agreeable terms.
Pickerington Motorcycle Accident Attorney (614) 538-1116
Bringing a Motorcycle Accident Lawsuit in Pickerington
In some instances, you might not get a settlement through a liability claim. One such example is if the other motorist’s liability coverage limits cannot cover all your expenses. Another is if they caused the accident on purpose—insurance companies will not cover policyholders who intentionally harmed the claimant.
If such situations apply to you, our legal team could advise you to file a lawsuit instead. The civil court will decide the amount you can recover, not the insurance provider. This means the liable party may have to pay out of pocket if the court rules in your favor.
Filing Your Motorcycle Accident Lawsuit on Time
The statute of limitations is a time-sensitive filing requirement for all lawsuits, including your Pickerington motorcycle accident case. Under Ohio Revised Code Section 2305.10, you only have two years to file the suit before the court dismisses your submission. Building your case while you still have ample time would help you avoid missing your deadline.
Our legal team can check your case for tolling exceptions that could extend your time limit. For example, if the other liable motorist left Ohio, the statute clock would only resume counting when they return. The timer would also do the same if the at-fault party went into hiding.
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Available Damages in Motorcycle Accident Settlements
Suppose you win the Pickerington motorcycle accident claim or lawsuit. In that case, you could be compensated for your accident-related costs and the pain and suffering you went through because of your injuries. These are also called economic and non-economic damages, respectively. Calculating economic damages is straightforward as it involves compiling all your relevant expenses. Some of these damages might include:
- Hospital bills, medical treatments, prescription drugs, and rehabilitation costs
- Motorcycle repair costs
- Lost wages or profits if you were unable to work or manage your business while injured
- Funeral and burial costs if the motorcycle accident killed a loved one
Non-economic damages can be more complicated to compute as it typically depends on how severe your injuries are. The idea behind this is that the more serious your condition, the worse your suffering is. Examples of non-economic damages include:
- Disfigurements and disabilities (for instance, you lost a limb in the motorcycle crash)
- Emotional trauma
- Loss of consortium (if your spouse died in the accident)
The Pickerington motorcycle accident lawyer can compute your expenses and assess your injuries to estimate the amount you could receive if you successfully settle the dispute.
Comparative Fault May Reduce Recoverable Settlement
Due to the comparative fault rules in Ohio Revised Code Section 2315.33, you might not receive the full amount of your motorcycle accident damages even if you win the settlement. If the claims adjuster or the civil court finds you partly liable for the damages you suffered, you will get a deduction depending on your shared fault percentage.
Assume there is evidence that you were riding three abreast in a single lane, which is against Ohio’s motorcycle laws. However, there is evidence that the other driver was drunk at the time, which is a violation of the state’s DUI laws. The judge then determines that you are 45 percent to blame and the other motorist is 55 percent to blame. That means you could only recover 55 percent of your entire damages.
Before filing any action, we can review all compiled evidence first. They can determine if it can effectively support your claims, which could help reduce the fault placed on you.
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Take Legal Action with Our Team
Like other auto collisions, a motorcycle accident can cause much damage and even be deadly to its victims here in Pickerington. But the law can help you recover from the costs you accrued due to the crash. Our motorcycle accident lawyer serving Pickerington is here to guide you in taking legal action and can represent you in court if needed.
The office of Bressman Law has over 60 years of combined experience in handling personal injury cases throughout Ohio. Besides motorcycle collisions, we also work in other practice areas such as work injuries, trucking accidents, and wrongful death cases.