Following a motorcycle accident in Upper Arlington, you can file a claim with the other driver’s insurance company. If you cannot recover fair compensation from the other driver’s liability insurer, then you may have to file a lawsuit. Of course, if you have the appropriate coverage on your policy, you may file a claim with your own insurance company.
This can all become very confusing for a lot of injured motorcyclists, especially when injuries are severe. Call David Bressman for help at 877-538-1116 and read on to learn more about the legal process.
Ohio Insurance Laws and Recovering Compensation after an Accident
In Ohio, all motorists – both drivers and motorcyclists – are required to carry liability insurance. Some carry additional insurance that covers their own damages. So if you caused your accident, you may file a claim with your insurance if you have the right coverage.
Ohio’s at-fault insurance laws state that the at-fault party is responsible for paying damages for injured parties’ losses and injuries. So if another party caused the accident, you may file a claim with that party’s liability insurance. If you are unable to come to a fair settlement, you may have to file a lawsuit to recover damages. But when you file a liability claim, you must prove the other party’s negligence.
Proving Negligence for a Motorcycle Accident
Below are some examples of driver negligence that may cause a motorcycle accident. If you can prove the other driver engaged in these behaviors, you may be able to hold that party liable.
- Driving while impaired
- Aggressive driving
- Distracted driving
- Illegal maneuvering
- Failing to yield
Evidence that may help you prove negligence includes photographs of the scene and vehicles, eyewitness testimony, any video surveillance available, police reports, and more. Your attorney can help you collect and organize this evidence.
Common Motorcyclist Injuries
Motorcyclists involved in an accident are often at risk of sustaining severe and debilitating injuries. These injuries can include traumatic head and brain injuries, spinal injuries, neck injuries, broken bones, severe road rash, internal injuries, lacerations, and more.
When filing a motorcycle injury claim or lawsuit, you must be able to connect the other party’s negligence to your injuries. A common challenge of motorcycle claims is that a motorcyclist partially contributed to injuries by not wearing proper safety gear. This might be the case if the motorcyclist did not wear a helmet and suffered head or neck injuries. The defendant may argue that the failure to wear this important safety gear contributed to the accident. This is when Ohio’s comparative negligence laws come into play – your damages will be reduced by your percentage of fault.
Your lawyer can help address these and other challenges you may face when trying to prove negligence and that the other driver caused your wreck.
Statute of Limitations to File a Motorcycle Accident Claim
If you are the victim of a motorcycle accident that someone else caused, you must file your liability claim within two years, according to the Revised Code of Ohio Section 2305.10. If you do not file a claim within two years, then you may be unable to recover damages.
If you do file your claim in time and can prove the other driver’s negligence, then you will be eligible to recover compensation. Recoverable damages may include medical expenses, lost wages or future lost wages, property damage, and damages for pain and suffering.
Contact a Motorcycle Accident Attorney from Bressman Law Today
If you’re ready to recover damages for your injuries following a motorcycle accident in Upper Arlington, Bressman Law can help. Our legal team can help file an insurance claim or a civil court claim. Contact us now by calling 1-877-538-1116 or contact us online.