Motorcycle Accident Lawyer Near Me
Accidents involving motorcycles are a reality. Motorcycle accidents have a higher incidence of injuries and fatalities than those that occur with passenger vehicle accidents, making motorcycle riding a dangerous activity. The National Highway Traffic Safety Administration (NHTSA) reported that overall, 80 percent of all motorcycle accidents involve injuries or fatalities. This statistic is in sharp contrast to the 20 percent of automobile accidents that result in the same. In 2012 there were nearly 4,000 reported motorcycle accidents involving injuries or fatalities, according to the Ohio Department of Public Safety.
Those harmed by others’ negligent actions may file a motorcycle accident claim to recover damages related to the accident.
Ohio Motorcycle Insurance Guidelines
Ohio is a fault state, which means that property damage and bodily injury claims are paid by the at-fault driver’s insurance. If you were involved in a motorcycle accident in Dublin that someone else caused, you may file a claim with the at-fault driver’s insurer to receive compensation for your repair or replacement costs and for your medical bills, lost wages, and pain and suffering.
If you were partially at fault for the accident, you still may recover damages, though they are reduced by the percentage of fault you had in the accident. Under Ohio’s modified comparative fault laws, you may not recover compensation if more than 50 percent responsible for the accident. Thus, establishing fault for the accident is essential to recover the compensation to which you’re entitled.
What if I was not wearing a helmet during the motorcycle accident?
New and young riders – and their passengers – must wear motorcycle helmets under Ohio law. However, even if not required to wear a helmet, not wearing one may affect your motorcycle accident claim. It might be considered comparative negligence if you suffered head or neck injuries.
For example, if not wearing your helmet made your head injuries more severe than they would have been had you been wearing it, you may be partially at fault for the injuries. Under the comparative negligence laws mentioned above, this could reduce your damage recovery.
On the other hand, not wearing a helmet would not affect a foot injury you sustained, so it would not increase your comparative negligence. Speak with a lawyer about helmet use and what impact it might have on your claim.
How to do I recover the compensation to which I’m entitled?
You will need to compile all significant information to support your case, including any police reports, witness statements, photography, and estimates for repairs or medical bills. Experts in motorcycle accident scene reconstruction sometimes can help establish a case for fault when the insurance company or court needs more evidence to make a determination of who was to blame for the accident.
If you suffered serious injuries, face policy limits or are dealing with defenses presented by an at-fault driver, and your settlement is at stake, enlist the assistance of an attorney familiar with motorcycle accidents. A qualified attorney will manage your case, coordinate all the details of your claim, hire any experts needed to build your case against the other party and will negotiate on your behalf. If it becomes necessary to file suit against the at-fault party, your attorney will initiate the lawsuit and oversee all aspects of it from start to finish.
Contact David Bressman for Legal Help after a Dublin Motorcycle Accident
If you were injured in a motorcycle accident and are unsure of where to turn for guidance and support through the claims process, contact David Bressman for legal help. Bressman Law helps accident victims claim what is rightfully theirs and rebuild financial and emotional stability. Give us a call at 877-538-1116 to schedule a consultation.