According to the National Highway Traffic Safety Administration (NHTSA), one main cause of motorcycle accidents stems from other vehicle drivers’ inability to see a motorcyclist near them, behind them, or approaching them on the road. The NHTSA states that the risk of death in traffic accidents is 28 times higher for motorcyclists than for passenger vehicle occupants.
The NHTSA also reports that motorcycle accidents often occur when a vehicle driver tries to make a left turn while the motorcyclist was going straight, passing, or overtaking the other vehicle. The vehicle driver might not have seen the motorcyclist, or they might have underestimated how fast the motorcycle was traveling as it was approaching.
If you or a loved one were injured in a motorcycle crash, your lawyer might be able to use your recollection of the accident, crash report, and witness statements to prove the at-fault driver’s negligence. Once negligence is proven, your lawyer may calculate your damages and seek financial compensation from the at-fault driver.
Act Now Rather than Later if You Want to File a Lawsuit
Working with a personal injury lawyer now rather than later may help you prepare your case in time to file a lawsuit against the at-fault party if needed. You generally have up to two years from the date of the accident to file a personal injury lawsuit against the at-fault driver, according to the Ohio Revised Code (ORC) § 2305.10. If you do not file your lawsuit within the two-year statutory deadline, you might not be able to file it at all.
Your lawyer may be able to help prove the cause of the accident and negotiate a financial settlement with the at-fault driver or their insurance company. If so, you may avoid going to court by accepting a monetary settlement offer. While accepting an offer is a decision only you can make, your lawyer may help you understand the pros and cons of each settlement offer you receive.
Your Crash Report May Contain Important Information to Build Your Case
The crash report from your motorcycle accident may have the appropriate information for your lawyer to contact the at-fault driver and their insurance company. It may also provide your lawyer with objective facts that might point to the cause of the accident and support your claim in your pursuit of compensation. Your crash report might include the following information:
- Details about how the accident occurred
- How fast the vehicles were going versus the posted speed limits
- If any party was suspected of alcohol or drug involvement
- If any party was suspected of driving while distracted
- Identification and contact information of witnesses
Obtain a copy of your crash report and share it with your lawyer, along with your medical records and accident-related photos. If possible, take photos of your injuries, your motorcycle, and the accident scene from several angles. Share any information you think might be relevant to your case with your lawyer.
Motorcycle Accidents Can Lead to Costly Injuries
When a motorcycle and a passenger vehicle collide, the motorcyclist is more vulnerable to injuries than passenger vehicle occupants because motorcyclists’ bodies are more exposed to the impact of the vehicle and the road. In motorcycle accidents, people might sustain one of these common injuries:
- Whiplash
- Concussions
- Traumatic brain injuries (TBIs)
- Broken bones
- Amputations
- Back and spine injuries
These injuries can have long-term and extensive health care costs. They might also lead to additional expenses, such as rehabilitation costs and in-home care costs. These are expenses that may be included in your claim for financial compensation.
Establish the Monetary Value of Your Recoverable Damages
If the opposing driver is found financially liable for the motorcycle accident, they may be compelled to pay your accident-related expenses. The ORC § 2315.18 entitles you to the following economic and non-economic compensatory damages:
- Current and future income loss
- Current and future medical care
- Property value or repair costs
- Physical pain and suffering
- Physical disability or disfigurement
- Mental and emotional anguish
You might be entitled to other intangible losses that resulted from the accident. This list is only an example of the recoverable damages you might be able to collect. Your lawyer may suggest other damages to pursue, depending on the circumstances of your situation.
Our Team Can Fight for Your Financial Compensation
The main cause of motorcycle accidents often involves a vehicle driver failing to keep aware of a motorcyclist on the road. If you were injured in an accident because another driver did not see you—or for any other reason—you might be entitled to receive financial compensation for your damages.
A lawyer in your area may help you prove the cause of the collision, assign a financial value to your claim, and pursue the compensation you need to recover from your losses. Find out how much your claim might be worth by calling (614) 545-3930 to reach a member of our personal injury team at the Fitch Law Firm, LLC, today.