If you were hurt in a motorcycle accident in Dayton, Ohio, you could pursue compensation from the party who caused your collision. Motorcycle accidents are most injurious to the person on the bike. Since riders are open to the elements, a crash with a larger vehicle can be traumatic and result in severe injuries that put them in the hospital and out of work while recovering. All of this means big medical bills, reduced or lost income, and a long road back to sound health.
The legal team at the Fitch Law Firm LLC can review the details and circumstances of your accident and help you figure out which direction you need to go in next. We offer prospective clients a free consultation.
Damages You Could Recover After a Motorcycle Accident in Dayton
If you suffered injuries in a motorcycle accident that a driver caused, you could seek to recover compensation for your losses, including your medical expenses, property damage, lost wages, and pain and suffering. The compensation you could receive depends on the severity of your injuries, the extent of your recovery, and other losses.
Our lawyers can assess all damages in your case and determine how much your damages are worth. Knowing what compensation you can request from the liable party helps you avoid accepting settlement offers that fall short of your expectations and needs.
You could pursue financial awards from the liable party to:
- Pay for your medical treatment (past and future)
- Compensate you for any physical and mental pain you have experienced as a result of your accident
- Replace the wages you lost
- Compensate you for the loss of future earning capacity if you suffered injuries that won’t allow you to return to work
- Fix or replace your motorcycle
We will help you pursue the compensation you deserve for your injuries and losses.
Wrongful Death Damages
Some victims of motorcycle accidents don’t survive their injuries. They leave behind family members who must now deal with the hardship from their absence. ORC §2125.02 designates certain individuals as eligible to collect damages in a wrongful death action.
If you are eligible, we can help you file a wrongful death lawsuit against the liable party. If you win your case, you could recover compensation for:
- Final medical expenses of the deceased
- Funeral, burial, or cremation costs
- Mental anguish of surviving family members (for example, the decedent’s spouse, dependent children, parents)
- Loss of the decedent’s guidance, counsel, consortium
For a free legal consultation with a motorcycle accidents lawyer serving Dayton, call 614-545-3930
How Our Attorneys Can Help You Resolve a Motorcycle Accident Claim
A lawyer who handles motorcycle accidents in our Dayton office could represent you in all proceedings regarding your case. We can meet with an insurance company to discuss financial recovery through a settlement and ensure your rights are protected during the process. Generally, this can provide you with coverage for your medical expenses and other losses.
However, there is a possibility that an insurance company will reject your claim, leaving you without a settlement offer. For example, an insurer may attempt to blame you for the accident, or it could claim that you had pre-existing injuries and the collision never actually hurt you.
In this scenario, we would negotiate on your behalf, but we could also advise you to file a lawsuit if negotiations fail to produce a favorable outcome for you. Taking the other driver to court may allow you to secure a court award in your favor here in Dayton.
Dayton Motorcycle Accident Lawyer Near Me 614-545-3930
We Will Take Care of Everything for You
As your representatives, we will manage your case from start to finish so that you can focus on recovering from your motorcycle injuries. This means we will work to:
- Identify all liable parties in your motorcycle accident
- Review and help you collect evidence supporting your case (police reports, accident scene photos, witness testimony, medical records)
- Prove the liable party’s negligence
- File your insurance claim and write your demand letter
- Handle all negotiations with the liable party’s insurer and attorney on your behalf
- Review and advise you on any settlement offers you receive from an insurer
You are not alone in this fight for your recovery. We will do everything we can to make the process manageable as we aim to get you the compensation you need to heal after your motorcycle accident.
What if the Driver Who Hit You Fled the Scene?
Hit-and-run accidents do happen to motorcyclists, but even in that case, the motorcyclist can still pursue financial recovery. We can look at your case and determine how to pursue it. We advise that you file a police report and seek medical treatment promptly before seeking counsel from an attorney.
Our team can help you file a claim with your personal insurer to recover damages in your accident. If you have uninsured/underinsured motorist (UM/UIM) coverage, we’ll start there.
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Ohio Allows Two Years to Take Legal Action in an Injury Case
Ohio limits the time you have to file a lawsuit in your case. If you are filing a personal injury lawsuit, with some exceptions, you have two years to do so under ORC §2305.10. You also have two years to file a wrongful death action, per ORC §2125.02. Our team can confirm the filing deadline in your case if you are not sure. This is one of the topics we can cover during your free case review.
Proving Negligence and Liability in Your Motorcycle Case
We must be able to prove that the party exhibited negligence that caused or led to your accident. The four elements that must be present in your case in order to do this are as follows:
- The liable party owed you a duty of care to keep you safe while on the road.
- The liable party did not meet this obligation.
- Failing to meet this obligation caused an accident that left you with injuries.
- Your injuries caused you to suffer damages that you must be compensated for.
Liability in vehicle accidents is not always a clear-cut matter. Other parties outside of the person who hit you could be responsible for the harm you suffered. Among them are:
- The employer of the driver who hit you if the person was working at the time of the crash
- A defective motorcycle or a defective part in a motorcycle
- A mechanic at a repair shop that did not fix a vehicle properly
- A municipality responsible for maintaining the roads where your accident took place
The more liable parties there are in your accident, the more complicated your case can get. Fortunately, our team knows how to handle these matters.
Common Injuries Victims Include in Their Dayton Motorcycle Accident Claims
As we mentioned, motorcycle accidents can be hazardous for motorcycle operators and passengers. A motorcycle accident can throw riders off their bikes, or a vehicle can pin and crush riders against another vehicle or the road. In many accidents, motorcyclists end up facing:
- Broken or fractured bones
- Injuries to the head and brain
- Injuries to the back, neck, and spine
- Road rash, cuts, and abrasions
- Internal injuries or bleeding
Get medical treatment quickly if you suffered injuries after a Dayton motorcycle accident. You may need to call an ambulance for transport to the hospital in some situations. In other situations, your injuries may be minor enough for you to drive yourself to a medical facility.
Take Photos of Your Injuries
Note that regardless of the severity of your injuries, it is a good idea to take pictures of any wounds you sustained in the accident. For that matter, you should also take pictures of the damage to your motorcycle and the scene of the accident. This evidence may help a motorcycle accident lawyer from our team establish what happened during the collision. It could also help show that your injuries were a direct result of the accident.
Causes of Dayton Motorcycle Accidents You Can Use as Grounds for Your Claim
Motorcycle accidents occur in Dayton for a number of reasons. In many cases, inattentive drivers cause these accidents. Because motorcycles are relatively small vehicles, other drivers sometimes look right past them without registering the presence of the motorcyclists. These accidents may be more likely to occur if another driver is:
- Operating a vehicle over the speed limit
- Driving while distracted or using a mobile device
- Driving while fatigued or drowsy
Drivers of motor vehicles sometimes clip a motorcyclist while attempting to pass them or while attempting to “split” a lane with a motorcycle. They could also strike a motorcycle if they make a left turn without warning or come to a sudden stop.
The Fitch Law Firm LLC may be able to help if you were struck by another driver for any reason while driving your motorcycle. Our team could provide you with legal support as we build a claim to help secure compensation for your losses.
Call Our Attorneys About Your Dayton Motorcycle Accident Today
If you were struck while riding your motorcycle in the Dayton, Ohio, area, our legal team at the Fitch Law Firm LLC can start reviewing your accident now to see how we can help you pursue compensation. Call us today to discuss your accident and learn more about the legal process during a free consultation.