How to Obtain Compensation After a Motorcycle Accident
Motorcycle accidents often have unique issues compared to personal car crashes. If you were injured in a motorcycle accident that you believe was another person’s fault, you should contact an experienced Ohio personal injury lawyer at Kisling, Nestico & Redick right away.
Any accident can lead to serious injuries, and motorcycle accidents are no exception. Oftentimes, accidents involving motorcycles 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 the proper financial compensation for Ohio motorcycle accidents caused by another individual’s carelessness or recklessness usually means having an experienced personal injury lawyer. The Ohio motorcycle accident lawyers at Kisling, Nestico & Redick have helped many motorcycle accident victims through the legal process and know what it takes to hold at-fault parties responsible for their actions.
Ohio’s at-fault insurance laws require the person found to be responsible to pay for all damages that resulted from the accident they caused. Drivers are required to have at least $25,000 of insurance coverage for each person injured in an accident, and up to $50,000 coverage in the event that multiple people are hurt. Additionally, a driver must purchase at least $25,000 of coverage for property damage they may cause in an auto accident. By working with a skilled lawyer, you can seek the full insurance policy limits from the negligent party plus additional funds that may be necessary. Obtaining compensation for your injuries can require negotiations with insurance providers as well as preparing your case for trial; therefore, it’s always advisable to have a knowledgeable and experienced lawyer working for you after a motorcycle wreck.
The motorcycle accident lawyers at Kisling, Nestico & Redick have decades of experience fighting for our clients who have been hurt in motorcycles accidents. Do not delay in calling KNR to discuss your case and how we can help you move forward with your life. Call us today at 1-800-HURT-NOW or submit a request online to schedule a free, no-risk consultation.
Available Compensation in Ohio Motorcycle Claims
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 your or your family’s 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:
- Past and future medical bills
- Lost wages
- Lost future earning capacity
- Therapy needs including necessary equipment
- Training for new professional needs required due to your accident
- Pain, suffering, and post-traumatic stress disorders
- Property damage
- Financial losses for the wrongful death of a loved one killed in the accident
Determining The Cause Of Your Motorcycle Accident
You cannot expect to recover damages from the responsible party in your motorcycle accident unless you can clearly demonstrate how their careless actions resulted in the wreck that caused you harm. It may seem pretty obvious who is at fault in your case, 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 win the financial help you need. While every motorcycle wreck is different, some of the most common causes that we have seen include:
- Motorists failing to notice motorcycles – A careless driver can fail to notice your motorcycle when they don’t carefully look in all directions as they turn or make a lane change.
- Reckless or speeding drivers – Another motorist may be driving in an unsafe manner and incorrectly assume that you will be able to get out of their way in time to avoid an accident.
- Driver misjudgments – Another driver can misjudge your distance or speed and negligently cause a collision. This can happen in virtually any scenario but is common with drivers making a left turn or pulling out of a driveway.
- Dangerous road conditions – Poorly maintained roads can cause motorcycles to lose control. Careless road workers or other individuals can also negligently leave dangerous debris on the road which may cause your wreck.
- Defective motorcycle parts or improper assembly – A company can be held liable for your accident if it was caused by their improper assembly of your bike, or if they built a defective part for your bike. Product liability cases can be highly technical and require a lawyer who is experienced in these complex cases.
Seeking Compensation Through an Insurance Claim
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 obtain compensation for their injuries.
In a third-party insurance claim, you will have to cooperate with the insurance adjuster’s investigation. 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 you have every right to consult an attorney. However, if your claim is denied, you may benefit from appealing the insurer’s decision through their administrative process. Your other option is to move forward with a personal injury lawsuit.
Compensation Through a Personal Injury Lawsuit
When an insurance settlement is not an option, the other route is through a personal injury lawsuit against the party liable for the accident. During this process, you will need to work with an attorney to build a case against the other individual. This includes gathering evidence that supports the other party’s responsibility for the crash and your resulting injuries.
Common types of evidence in motorcycles cases include:
- Police reports
- Photos of the crash
- Video footage of the crash
- Eyewitness testimony
- Expert witness testimony
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.
During a personal injury lawsuit, you may continue to negotiate with the insurance company. 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.
Combatting Negative Stereotypes in Motorcycle Cases
Motorcycle accidents often have unique issues compared to personal car crashes. The other party frequently tries 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), if you are more than 50 percent responsible for the accident, you cannot obtain compensation for your injuries.
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 to fight against the potential consequences of contributory negligence.
Additionally, if you go through a jury trial during a personal injury claim, you will need an attorney to pay close attention to stereotypes and perceptions regarding motorcycle riders. Jury selection can be crucial. If you end up with a jury of your peers who view motorcycle riding negatively, or worse yet, connect the hobby with unlawful behavior, then you may have a more difficult time proving fault and obtaining appropriate compensation.
Fighting For Fair Compensation
Another typical issue in motorcycle accident cases are 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. Our motorcycle injury attorneys will fight for what you deserve based on the law.
A Lawyer Can Help Secure What Need
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 for you to be prepared for trial if necessary, but it also will show the other side that they must propose an acceptable settlement offer if they want to end the case before it must go to court. As experienced accident lawyers, we understand that you must receive enough compensation to cover every aspect of your injuries.
Ohio’s Statute Of Limitations May Affect Your Case
Ohio law states that your case for personal injury damages can be dismissed if you waited more than two years to file it in court. This statute of limitations law requires injured parties to act quickly, and therefore protect people from being sued over something that happened long ago. Memories fade and evidence disappears over the years, and it may be unfair to sue someone over an accident that happened long ago. Exceptions to this include:
- Injuries that only recently became apparent – If you could not notice an injury from your accident until years later, then you may be able to file suit even at a later date. However, it must be found that your inability to notice the injury was reasonable.
- Accidents involving minors – The statute of limitations is paused in cases where children under 18 years of age are injured. The two-year time limit begins to run after their 18th birthday.
While you may think that two years is a long time to think it over before you call your lawyer, it’s not. Motorcycle accidents can become very complex, and the other party will work hard to avoid having to compensate you. To recover the damages you need, your lawyer will have to build your case by studying witness statements, police reports, and medical records. For these reasons, it’s important to not delay in finding a capable lawyer to discuss what you may deserve.
Kisling, Nestico & Redick Can Help You After A Motorcycle Accident
Recovering the financial compensation you need after you or a loved one have been injured in a motorcycle accident is essential. These wrecks almost always cause serious physical injuries, and the victim may be out of work or school for a long time. As lawyers with years of experience helping injured clients, we understand how to help people get what they need after an Ohio motorcycle accident. Do not hesitate to call KNR.
Contact Kisling, Nestico & Redick to speak with a knowledgeable Ohio motorcycle accident lawyer about your injuries and how we can help during this difficult time. Call 1-800-HURT-NOW or submit a request online to schedule a free, no-risk consultation.