Motorcycle accidents can be devastating, leading to severe injuries and significant property damage. If you’ve been involved in a motorcycle accident in Ohio, it’s essential to understand your rights and responsibilities in the legal process that follows. Knowing what steps to take and what to expect can help you protect your interests and seek fair compensation for your losses.
Immediate Steps to Take After a Motorcycle Accident
After a motorcycle accident, your first priority should be ensuring your safety and the safety of others involved. Here are some immediate steps to take:
1. Seek Medical Attention
Even if you don’t believe you’ve been seriously injured, seeking medical attention is crucial. Adrenaline in your system following a motorcycle accident could mask signs and pain from an injury. Some injuries, such as concussions or internal bleeding, may not be immediately apparent but can have serious long-term consequences if left untreated.
2. Contact Law Enforcement
Call 911 to report the accident and request that law enforcement officers come to the scene. A police report documenting the accident can be invaluable for insurance claims and legal proceedings.
3. Gather Evidence
If you can do so safely, gather evidence from the accident scene or have a loved one help. Take photographs and videos of the vehicles involved, any visible injuries, road conditions, and traffic signs or signals. Collect contact information from witnesses who may have seen the accident occur.
4. Exchange Information
Ensure you exchange contact and insurance information with the other people involved in the accident. Be cooperative but avoid apologizing, admitting fault, or making other statements that could be construed as an admission of liability. If the conversation is emotionally charged, taking a video during the interaction with the other parties involved to have a record of your conversation is wise.
Understanding Ohio’s Comparative Negligence Law
If you’re found to be partially at fault for the accident, your total compensation may be reduced by your percentage of fault. For example, if you’re deemed 20% responsible for the accident and your total damages amount to $100,000, you would receive $80,000 in compensation.
A 50% negligence level is part of Ohio’s comparative blame system, which means that if you file a case to obtain damages for injuries, the other party has to be found to be at least 51% at blame. According to Ohio law, you are not entitled to compensation if they are found to be merely 50% at fault.
Proving Liability in a Motorcycle Accident Case
You’ll need to establish the other party’s negligence to get compensation for your injuries and damages, which typically involves proving the other party took negligent actions or failed to take an action they should have, which caused you harm.
Statute of Limitations for Motorcycle Accident Lawsuits in Ohio
Be prepared with the legal knowledge you need to ensure you don’t miss important deadlines. For example, knowing the statute of limitations for filing a personal injury lawsuit is what ensures you have a case to begin with. The statute of limitations is the court setting a deadline for an injured person to start legal action, and if you don’t file a lawsuit within this timeframe, you may not ever be able to seek compensation.
Ohio’s Statute of Limitations for Personal Injury Claims
Ohio’s statute of limitations for most motorcycle accidents is two years from the accident date. However, this rule has some exceptions, so speaking to a lawyer about what applies to your case is crucial to ensure you understand and comply with all applicable deadlines.
Seeking Legal Representation for Your Motorcycle Accident Claim
Trying to navigate the legal process following a motorcycle accident can be overwhelming, especially while you’re resting to recover from injuries and working with complex insurance companies.
Benefits of Hiring a Motorcycle Accident Attorney
A knowledgeable attorney can take a look at your case and advise you on your legal options.
They’re experts in gathering evidence to support your claim, including accident reports, medical records, and witness statements.
There is no need to get overwhelmed in calls with insurance agents: a legal team can speak with insurance companies for you to secure a fair settlement and represent you in court if a lawsuit becomes necessary. Reaching out for the guidance of a skilled personal injury attorney can make a significant impact on your stress levels, mental well-being, and the outcome of your case.
Choosing the Right Attorney for Your Case
When selecting a motorcycle accident attorney, look for someone with experience handling similar personal injury cases. Communication style, fee structure, and client reviews should also be considered when making decisions. Attorneys with free consultations can help you get a feel for the working relationship and understand the legal options you could pursue without committing to paying yet.
HMW Law is Here to Help
Getting in a motorcycle accident is an awful experience, but understanding the legal process that follows can help ease some of the stress and worry for the future while you recover. By taking the appropriate steps after an accident and consulting with a qualified attorney, you can protect your rights and fight for the compensation you deserve for your injuries and damages.
If you’ve been injured in a motorcycle accident in Ohio, contact an experienced personal injury attorney for guidance and support. Schedule a free consultation with HMW Law today by calling 216-369-1352. We’ll review your case and develop a plan to get you the compensation you’re owed after your motorcycle accident.