How to File a Motorcycle Claim in Toledo, Ohio
Posted in: Legal Blog
Accidents involving motorcycles often result in devastating injuries and sometimes tragic fatalities. If you or a loved one have been in a motorcycle wreck, you may be out of work and in physical pain for a long time. You will probably need financial help for everyday expenses, not to mention the medical costs associated with your recovery.
Securing all the financial compensation you and your family need to cope with an Ohio motorcycle accident usually means preparing an insurance claim or personal injury lawsuit. At KNR, our motorcycle accident lawyers know what it takes to present your case and recover the maximum amount possible. >. Call 1-800-HURT-NOW today for a free consultation.
At KNR, we know you are going through a lot if you were the victim of a motorcycle accident. You may be in tremendous pain, out of work, and unable to enjoy the life you once enjoyed.
It can be incredibly stressful to see medical bills piling up and constantly worrying about the future. However, if your accident was caused by another’s irresponsibility, you should not bear the financial burden of your injuries.
With our help, you can potentially recover damages for the following after a motorcycle accident:
If your loved one was tragically killed in a motorcycle accident, you could also pursue damages through a wrongful death claim for damages that include but are not limited to:
You cannot recover damages in your motorcycle accident unless you can demonstrate how another party’s careless actions resulted in the wreck.
It may seem obvious who is at fault, but the other party’s insurance providers and their lawyers will likely fight to reduce or eliminate any requirement to pay what you deserve. Your lawyer will have to show exactly what happened if you are to secure financial relief.
While every motorcycle wreck is different, the most common causes include:
Motorcycle accidents don’t always injure the rider. Motorcycle passengers are also frequently injured and may be entitled to compensation for their losses.
In most situations, motorcycle passengers are hurt because:
It is common to be injured if the motorcycle driver wipes out. This can cause significant injuries to lower and upper limbs and the head or brain. From road rash to traumatic brain injuries, a bad wipeout could mean you’ll never ride a motorcycle again. However, more serious accidents can occur when an operator loses control.
Depending on the speed and trajectory of the motorcycle, you could be thrown from the bike, increasing the likelihood of more serious injuries than in a relatively slow wipeout.
If you were in an accident caused by another vehicle’s driver, then you will likely want to make a claim against that person’s auto insurance policy. This is one of the most common ways for auto accident victims to obtain compensation for their injuries.
You must cooperate with the insurance adjuster’s investigation in a third-party insurance claim. You will also have to provide documentation of your injuries. If the insurance adjuster determines their client was at fault, they will approve your claim and begin settlement negotiations. You do not have to accept the insurer’s first offer and have every right to consult an attorney.
When an insurance settlement is not an option, the other route is through a personal injury lawsuit against the party liable. During this process, you will need to work with an attorney to build a case against the other individual. This includes gathering evidence supporting the other party’s responsibility for the crash and your injuries.
Common types of evidence in motorcycles cases include:
Expert witnesses may be essential to your case. At Kisling, Nestico & Redick, we can help you retain the experts necessary to strengthen your case, which may include an accident reconstructionist or motorcycle expert. These individuals can testify regarding difficult or complex issues, helping the judge or jury understand exactly what happened.
You may continue negotiating with the insurance company during a personal injury lawsuit. You have the right to agree to a settlement in exchange for dismissing the case. However, you are also entitled to take the case to trial, where your attorney will present your evidence and argue for you to be compensated. If your case goes to trial, whether you receive compensation and how much will be in the hands of the judge. Or, if your case is a jury trial, your potential compensation is in the hands of the jury.
Most car accident cases settle. However, do not expect a quick and easy insurance process. Insurance companies work hard to reduce what they owe by denying their policyholder was in the wrong. While an insurance settlement might be ideal, you may also need to file a lawsuit and present evidence someone else’s recklessness caused the accident and injuries.
One of the difficulties of a passenger injury claim is that the person at fault may be a friend, romantic partner, or family member. You may feel uncomfortable moving forward with a personal injury claim against them. However, this is what auto insurance is for – to protect the insured and compensate people they injure.
To obtain compensation for your medical expenses, lost wages, pain, and suffering, you have the right to file a third-party claim against the vehicle’s operator’s auto insurance policy – no matter your connection to the operator.
Motorcycle accidents often have unique issues compared to personal car crashes.
The other parties involved in a motorcycle accident claim will frequently try to find every reason to blame you for the accident and your injuries. Because you were on a motorcycle and the other party may hold negative opinions of motorcycle riders, the insurer or other party’s legal team may try to claim you were riding recklessly and unlawfully. That is because any amount of fault on your part may reduce your financial recovery or bar you from compensation entirely.
Under Ohio’s contributory negligence law (ORC Section 2315.33), you cannot obtain compensation for your injuries if you are more than 50 percent responsible for the accident.
The other party may look for any sign that you were speeding, using the lane improperly, riding on the center line, driving between vehicles, or tailgating. Unfortunately, negative stereotypes of motorcycle riders can bolster the other side’s case. You need an experienced motorcycle accident attorney to challenge negative stereotypes, defend against false accusations of wrongdoing, and fight against the potential consequences of contributory negligence.
Another typical issue in motorcycle accident cases is your more serious injuries. Because you were riding on a vehicle that provides little-to-no protection, even a minor accident could lead to catastrophic results.
Insurance companies often hate to have to pay out larger claims because you were on a motorcycle instead of inside a car. However, you are entitled to compensation for your actual injuries.
Establishing negligence in a personal injury case requires your lawyer to demonstrate how the other party acted recklessly or irresponsibly and how this directly resulted in an accident that caused your injuries. Most cases do not go to trial but instead end in a settlement offer from the negligent party’s insurance company.
Your lawyer must build a strong case that can demonstrate why you should recover a certain amount of compensation. Not only will this allow you to be prepared for trial if necessary, but it will also show the other side that they must propose an acceptable settlement offer if they want to end the case before it goes to court. As experienced accident lawyers, we understand that you must receive enough compensation to cover every aspect of your injuries.
If you were a rider or passenger who sustained an injury in a motor vehicle accident, we encourage you to reach out to Kisling, Nestico & Redick today. Our team has over five centuries of combined legal experience and is ready to pursue the maximum compensation available.
Let us deal with insurance companies and their lawyers, so you get everything you need to move on after a motorcycle accident – physically and financially.
With offices across Ohio, KNR makes getting legal representation after an injury more convenient and accessible. We offer free, initial consultation and don’t charge any fees unless you obtain compensation.