What Are Some Vital Things I Must Know If I’m Injured in a Motorcycle Accident?
Motorcycle riding has become a very popular pastime for thousands of Ohio residents. However, the state’s highways are bustling, and due to the sheer physical forces involved, you will most likely be injured if you have an accident. In many cases, these injuries can be severe and could last for the rest of your life.
After your accident, you could have months (or more) of excruciating pain, recovery treatment, lost wages from being out of work, and more. All this can cost thousands of dollars, and although you may have insurance, it may not be enough to cover all that’s needed.
When you have a motorcycle accident, you can be overwhelmed by the accident itself, as well as attempting to know what to do after your crash.
If your accident was due to another’s negligence, you could be entitled to significant compensation to cover all these unexpected bills. Still, the first thing you and your skilled and professional motorcycle accident lawyer need is the evidence to prove who’s at fault.
Of course, the first thing you must do is get the medical attention you need. The next most important action is to get as much documentation as possible at the scene. If you cannot do this, always attempt to get help.
Some of the most vital things you should do are:
- Immediately notify the police – Give them the most accurate and detailed information about your location, injuries, damage, what occurred, etc. If you must sue, police reports are valuable tools to prove another’s negligence and be used as evidence.
- Document as much as possible at the scene – If you cannot do this, enlist the help of a friend or bystander and have them take notes, photos, videos, etc.
- Some things vital to document are:
- What were you doing when your accident occurred?
- The exact time, date, location, and road conditions when the incident occurred.
- Get contact information of witnesses or those involved in the crash.
- Collect all critical information about anyone else involved, their vehicle’s make and model, driver’s license number, insurance, etc.
If you must sue for damages after your accident, you and your experienced motorcycle accident lawyer must have the proper evidence to present and win your case. Therefore, gathering the above data can be critical to getting you and your family the compensation you need and deserve
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What Are Some of the Most Common Causes of Motorcycle Accidents in Ohio?
Ohio’s roads are busy, and the circumstances of every motorcycle crash differ, including many things beyond the rider’s control.
However, just a few of the most common causes of these crashes include:
- Distracted Driving – Other drivers texting, talking on the phone, eating, etc., can easily miss a motorcyclist in their blind spot or fail to notice you slowing down or changing lanes.
- Left-Turn Accidents – When a vehicle makes a left turn, it can be hazardous for a motorcyclist, as the driver may not see you coming, misjudge your speed, and cause a crash.
- Excess speeding – Excessive speed, whether by you or the other driver, will reduce reaction time and increase the severity of a crash.
- Alcohol-Impaired Driving – Driving under the influence impairs judgment, coordination, and reaction times. This fact significantly amplifies the risk of an accident.
The above are just a few causes of motorcycle accidents, but there are many more. You must note that anytime you have an accident on a motorcycle, you are the most vulnerable person involved and could be severely hurt. Therefore, in any accident, by using specific evidence, your thorough and experienced motorcycle accident lawyer will use this evidence to get you the compensation that ensures you have the funds to recover and move on.
What Are Some Examples of Evidence That Help Me the Most in My Motorcycle Accident Claim?
Having a motorcycle accident can be a harrowing experience, not only for you but also for your family. The physical pain endured and emotional trauma is often overwhelming, and the added financial burden can significantly add to your stress.
Motorcycle accident claims are often legally complex. Therefore, proving liability, gathering evidence, and more can be especially difficult because you’re working on recovering.
This is where your motorcycle accident lawyer’s advice, help, and professional experience will prove invaluable.
As stated, all cases differ, but there are usually five critical pieces of evidence that are crucial to proving fault; these are:
- The Motorcycle itself – The motorcycle is a critical piece of evidence that your lawyer and experts can use to determine precisely how the accident occurred, where the impact occurred, and the damage the motorcycle (and you) sustained in the crash.
- The protective gear you wear when riding – Most motorcyclists always wear protective gear, as this gear is the last line of defense against severe “road rash,” brain injury (such as a TBI), and other severe and life-threatening injuries. How and where your gear is damaged can help significantly prove fault.
- Eyewitness statements, police reports, etc. – Obtaining valid contact information of eyewitnesses will benefit your case if you can do so.
- Photos and videos of the scene – Attempt to take as many photos and videos as possible. This will allow you to document your vehicle damage, weather conditions, injuries, skid marks, and any debris or roadway hazards visibly.
- Medical expenses and lost wages – It’s also critical to document all the immediate and possibly future costs you could reasonably incur due to your crash. This is an area where the help of your experienced motorcycle lawyer will be of significant help, as it is also vital to your case.
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What Is “Comparative Negligence” in Ohio, and How Can It Affect My Case?
Ohio state law adheres to a legal principle known as “comparative negligence” (or comparative fault). This fact can significantly impact your case’s outcome and the amount of compensation you could receive.
Under Ohio’s comparative negligence rule, the following two legal points are mandated:
- The concept of shared fault is established – Let’s say you’re found to be partially at fault for the crash. Then, your compensation could be reduced by your assigned percentage of fault. For example, if you are deemed 10% responsible for the incident, your compensation is set at $100,000; it would be reduced by 10%, and you would receive $90,000.
- The 50% bar rule – You can only collect damages if you are not more than 50% at fault for the crash. At 51% or more, you will be barred from recovering any compensation whatsoever.
Understanding comparative negligence is critical to your case and its outcome. Your professional and well-versed motorcycle accident lawyer knows this and will work tirelessly, using the evidence provided to ensure you receive the total amount you need and deserve.
This often involves challenging unfair fault allocations by insurance companies and the other drivers.
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I’ve Been in a Motorcycle Accident in Ohio; What Should I Do?
Motorcycle accidents can inflict dire physical harm on you and put your family’s finances into a “tailspin.” You may need years to recover and spend tens of thousands of dollars on medical bills, recovery costs, lost wages, and much more.
These accidents are always complex and demand the advice and guidance of a skilled, professional Cleveland motorcycle accident law team.
The highly trained trial and motorcycle accident lawyers at HMW Law have a long and winning history of passionately helping motorcycle accident victims obtain the compensation they deserve.
Call them today at 216-369-1352 for a free consultation on your case. They will work diligently, professionally, and tirelessly to help you move positively on with your life.
Call or text 216-774-0000 or complete a Free Case Evaluation form