Motorcycle accidents can happen in a split second, but their physical and emotional effects can linger for months or years. If you have been involved in a crash with another vehicle, it is crucial for you to understand how you can safeguard your right to compensation.
How does Ohio’s ‘at-fault’ insurance work?
Under Ohio’s “at-fault” insurance system, drivers can seek financial compensation for their accidents from the other parties involved. This includes filing a claim for their injuries and/or property damage.
For instance, if another car collided with your motorcycle while you were riding on the road, you can file a personal injury claim with the other driver’s insurance company. However, if your damages exceed the other driver’s policy limits, you can seek compensation by pursuing a personal injury lawsuit.
How is driver negligence determined in Ohio?
To determine the other party’s liability for your motorcycle accident, you and/or your lawyer must prove that their action was reckless or negligent. Four examples of these include:
- They were driving at an excessive speed
- They failed to yield to oncoming motorcyclists
- They ignored traffic signals
- They were driving under the influence
However, it is important to note that the state follows a “modified comparative negligence” for motor vehicle accidents. Under this tort rule, you can recover damages for your crash even if you were partially at fault — provided that your fault is not greater than 50%.
If the judge determines that you are 51% at fault for the crash, you will be barred from seeking compensation for your damages.
You are not alone on this journey
Trying to manage your personal injury case while you are still recovering from your injuries can feel overwhelming. By hiring a lawyer, they can help assess your situation, gather evidence of the crash, explain your legal options and advocate for your rights.
