Columbus Law Firms
Motorcycle accidents present challenges that you do not see or rarely see in car accident cases. Prejudice against bikers, lack of witnesses or reliable witnesses, and very serious injuries, are just some of the challenges you may face.
Single Vehicle Motorcycle Accidents
First, if you are unable to remember the accident, due to your injuries, you need to determine if your accident was truly a single vehicle accident. It may have been a hit-and-run, or a negligent driver may have caused your accident without actually being involved in the crash.
If you were injured in a single vehicle motorcycle accident, you may still have avenues of recovery. Although some single vehicle motorcycle accidents are the result of rider error, many are caused by a defective motorcycle or defective roadway.
If you were injured in a hit-and-run accident, and the driver is identified and located, you may receive punitive damages in addition to compensation for your injuries and property damage.
In cases where the driver is not identified or cannot be located, you may be able to collect from your own insurance company. If a defective motorcycle, defective helmet, or defective roadway contributed to your injuries, you may be able to collect compensation from parties other than the driver who hit you.
Roadway defects can cause any kind of vehicle to crash, but motorcycles are far more susceptible. In addition to causing motorcycle accidents, roadway defects, such as lack of breakaway devices on signposts, can contribute to injuries in motorcycle accidents.
If a defective roadway caused or contributed to your motorcycle accident injuries, the government entity responsible for road design, construction, and/or maintenance can be held responsible.
If You Were Not Wearing a Helmet
The fact that you were not wearing a helmet during your motorcycle accident cannot be used as evidence in an Ohio motorcycle accident lawsuit.
The insurance company, and even friends and family, may try to tell you that you are not eligible for compensation or that your compensation will be reduced because you were not wearing helmet, but that is not the case in Ohio.
Most Ohio bikers are not required by law to wear a helmet and the law recognizes that choosing not to wear a helmet did no cause your accident. The party that caused your accident still can be held fully responsible for your injuries.