Dangers of Highway Work Zones
Posted in: Car Accidents
KNR Legal Blog
As the weather heats up, more bikers are going to be on the road, which means drivers need to remember to share the road with motorcyclists. Due to their size and visibility, motorcycles are at an increased risk of being injured or killed in an Ohio motorcycle crash.
For example, motorcyclists accounted for 13.7% of fatalities resulting from the total number of motor vehicle crashes, a surprisingly high percentage given that motorcycles are estimated to have accounted for less than 1% of the total number of motor vehicles involved in crashes during the same year. Keeping an eye out for motorcyclists is an essential first step toward keeping our roads safe for all.
At Kisling, Nestico & Redick, we’ve helped numerous individuals recover compensation for losses due to a motorcycle accident. Our experienced Ohio personal injury attorneys are familiar with the devastation these accidents can cause, which is why we’re troubled to learn of Ohio’s record concerning motorcycle accidents, accidents which should be preventable.
Unlike occupants of passenger vehicles, motorcyclists lack the protection of a steel frame, airbags, and seatbelts. Even with high-quality gear, the physical toll of a crash is often severe.
The steps you take in the minutes and days following a crash can dictate the success of your legal claim. If you are physically able, follow this roadmap:
Move to the shoulder or a safe area to avoid being struck by oncoming traffic. Do not remove your helmet until you have been evaluated, as it may be stabilizing a neck injury.
Always ensure an official police report is filed. In motorcycle cases, insurance companies often try to blame the rider; an objective police report is your first line of defense. You also need medical personnel there to provide care. You can get further treatment away from the scene at an emergency room or urgent care to check for other hidden injuries.
Take photos of the road conditions, skid marks, and the position of all vehicles. Most importantly, take photos of any obstructions (like overgrown bushes or poorly placed signs) that may have contributed to the crash.
Do not throw away your damaged helmet, torn jacket, or scuffed boots. These are powerful pieces of physical evidence that demonstrate the force of the impact to a jury.
Motorcycle claims are fraught with bias. Let a motorcycle crash lawyer handle the communication to ensure you don’t inadvertently admit fault.
Ohio law does not require riders over the age of 18 (with more than a year of experience) to wear a helmet. While an insurance company may try to use “comparative negligence” to argue that your injuries would have been less severe with a helmet, they cannot deny your claim entirely based on this factor. We fight to ensure you aren’t unfairly penalized for exercising your legal rights.
In these cases, you may have a claim against a government entity (like a city or the Department of Transportation). These claims have much shorter deadlines and stricter notice requirements than standard insurance claims, making it vital to contact an attorney immediately.
No. Drivers have a “duty of care” to scan their environment for all road users, including smaller profiles like motorcycles. “I didn’t see him” is essentially an admission of negligence, not an excuse.
Because motorcycle injuries are often more graphic and life-altering than car accident injuries, we use medical experts and “Life Care Planners” to quantify the long-term impact. We look at how the injury prevents you from riding, working, and enjoying your daily life to ensure the settlement reflects the true cost of your trauma.
Yes. Ohio follows a Modified Comparative Negligence rule. As long as you were 50% or less at fault, you can still recover damages. Your total check will simply be reduced by your percentage of fault.
At KNR, we have helped countless motorcyclists who have been injured due to the negligence and lack of awareness of a motor vehicle driver. Our Ohio personal injury attorneys have seen first-hand the pain and damage a motorcycle accident can cause, which is why we urge everyone to observe Motorcycle Awareness Month.We have 11 locations throughout Ohio, including Canton, Columbus, Cincinnati, Cleveland, Toledo, and more – find a location near you. If an Ohio motorcycle crash has affected you or a loved one, call us at 1-800-HURT-NOW for a free, initial consultation.