The repercussions of a motorcycle crash can be severe. If you or a loved one have been hurt in a motorcycle accident, please contact us through our online form or call (937) 427-4048 to schedule a free consultation.
The repercussions of a motorcycle crash can be severe. If you or a loved one have been hurt in a motorcycle accident, you should talk with an attorney. By working with a lawyer at Kisling, Nestico & Redick, you have a better chance of winning a fair settlement.
It is better to work with an experienced Dayton motorcycle accident lawyer. Our legal team at Kisling, Nestico & Redick has handled motorcycle crashes for decades. We are highly skilled in investigating the cause of motorcycle accidents. We deal with insurance companies daily. We also have a strong track record of winning fair compensation for our clients.
Common Causes of Motorcycle Accidents in Dayton
Motorcycle crashes happen for all sorts of reasons. Drivers might try to blame the rider. But most accidents are caused by another negligent motorist. Most riders are careful and do everything they can to avoid an accident. Riders know they are at a disadvantage in a collision and will suffer serious injuries.
Our motorcycle accident lawyers in Dayton have investigated many motorcycle accidents. We have uncovered many common causes of wrecks, including:
- Distracted driving
- Driving while using a cellphone
- Drowsy driving
- Drivers attempting to pass motorcycles
- Drivers failing to check their blind spots
- Failing to yield to the right of way
- Unprotected left turns
- Operating a vehicle while under the influence of alcohol or drugs
- Failing to notice a stopped or slowing vehicle
- Sudden stops
- Trucks making wide turns
- Trucks making dangerous maneuvers
- Lane splitting
- Opening car doors
It is important to find out why the motorcycle accident happened. As the person making a claim for compensation, it’s your responsibility to prove what happened. You have to prove the cause of the crash and who was at fault. An experienced motorcycle accident attorney can investigate the wreck, gather evidence, and determine the underlying cause.
Common Motorcycle Accident Injuries
Motorcycle riders are at a disadvantage compared to vehicle drivers and passengers. People in cars, vans, SUVs, and trucks are protected by strong metal and plastic cages. They are protected by seatbelts, airbags, and other safety features. Motorcycle riders have only their gear and helmets to protect them from harm. In collisions, motorcycle riders easily suffer serious or catastrophic injuries.
Common injuries in motorcycle accidents include:
- Road rash
- Severe lacerations
- Broken bones, including leg bones and ribs
- Soft tissue injuries
- Neck and back injuries
- Concussion (mild traumatic brain injury)
- More serious traumatic brain injuries
- Spinal cord injuries
- Crush injuries
- Nerve Damage
- Chest and abdominal internal organ injuries
Motorcycle Crash Compensation
When you are hurt in a motorcycle accident that someone else caused, talk with a lawyer right away. When another driver was at fault, you can seek compensation from that driver’s auto insurance. You have to prove the cause of the crash. You have to prove the other driver was responsible. Then, you can demand compensation for your injuries, including:
- Medical bills
- Future medical expenses
- Property damage
- Pain and suffering
- Mental anguish
- Lost wages
- Future lost income
- Physical limitations
- Damage to personal and familial relationships (loss of consortium)
How to Fight for Compensation After a Motorcycle Accident
Winning compensation after a motorcycle crash is not always simple or easy. But there are things you can do to help yourself.
You should call 911 after a crash. The Dayton Police Department or Ohio State Highway Patrol will respond to the crash. The police will talk to those involved and witnesses. They will write and file a crash report. The police also might ticket someone for the crash. If the other driver was ticketed, this could help you prove their fault. If you were ticketed, do not panic and talk with a lawyer.
You should see a doctor as soon as possible after a crash. We recommend you go to the ER. If you choose not to go to the ER, then see a doctor within 72 hours. It can complicate your insurance claim to wait too long to see a doctor. The insurance company might claim your injuries are less serious than you claim. The insurer might claim you made your injuries worse by delaying treatment. The insurer might claim you were hurt before the motorcycle accident.
A Crash Investigation
After you talk with the police and get medical care, call a Dayton motorcycle accident lawyer. The sooner you work with a lawyer, the better. Our legal team at Kisling, Nestico & Redick have decades of experience investigating motorcycle crashes. We gather evidence to determine the cause of the crash.
Evidence usually includes the police report, photos, videos, witness testimony, and your testimony.
For complicated or contentious claims, we might hire an accident reconstruction expert. Accident reconstructionists use the information available to determine the cause of the crash. They can calculate the speed and angle at which two or more vehicles collide.
The Claims Process
We handle the insurance claim process for you. We review any letters you receive and respond. We make sure you do not sign any waivers that interfere with your rights. Some waivers allow insurers to dive into your medical history and invade your privacy.
We talk with the insurance adjuster and answer any questions. We provide the insurer with evidence of the other driver’s fault and your injuries. Our goal is to get the insurance company to approve your claim and negotiate a fair settlement.
Insurers often give low initial settlement offers. We are not afraid to fight for more.
A Personal Injury Lawsuit
Your Dayton motorcycle accident lawyer may recommend filing a personal injury lawsuit. Going to court can be intimidating. With a lawyer handling the process, it doesn’t have to be. We will write and file the legal documents. We will make sure the defendant is served. We will appear in court to represent you.
Filing a lawsuit does not mean your case will go to trial. Most personal injury claims settle. But filing a lawsuit puts pressure on the insurer to take your claim seriously. The insurer may want to settle to avoid a lengthy and costly court case. Filing a lawsuit can help us win a better settlement.
Fatal Motorcycle Accident Compensation
Fatal motorcycle crashes are all too common in Ohio. In 2018, Ohio had 144 motorcycle accident deaths, according to the Ohio State Highway Patrol. The year before, there were 157 fatalities, and in 2016, Ohio lost 200 people to motorcycle collisions.
If your parent, spouse, or child died from motorcycle accident injuries, call us right away. You might have the right to demand compensation from an insurance claim or through a wrongful death lawsuit. Our lawyers can explain your rights. If you plan to pursue compensation, we can guide you through the process.
We can fight for your family to receive compensation for:
- Funeral and burial expenses
- Loss of income
- Loss of future inheritance
- Loss of companionship and society
The Statute of Limitations
Ohio places a time limit on how long you have to file a lawsuit. You have two years to file a personal injury or wrongful death lawsuit. The time limit for a personal injury claim begins the day of the accident, usually.
The limit for a wrongful death suit begins the day of your relative’s passing. That may be days, weeks, or months after the motorcycle accident.
The statute of limitations applies to a lawsuit only. Insurance claims have their own deadlines, which are much sooner. You need to talk with a Dayton motorcycle accident lawyer about the insurance claim right away. If you wait too long to pursue an insurance settlement, the insurer can try to deny your claim.
How Our Dayton Motorcycle Accident Lawyers Can Help
Even if this is not your first motor vehicle accident, you might not know how to handle the insurance company. Insurance adjusters are good at their jobs. They deal with accident victims every day. They are trained to look for reasons to deny a claim. They are encouraged to pay out as little as possible. By hiring an experienced motorcycle accident attorney in Dayton, you level the playing field.
Kisling, Nestico & Redick knows the ins and outs of the insurance claim process. We use our knowledge and experience to fight for you. We are proud of our track record. We routinely win fair settlements for our clients. In one recent case, we won a $100,000 settlement for our client who was struck by a school bus while on his motorcycle in Stark County.