Motorcycle Accident Lawyer Cleveland
If you ride a motorcycle, you understand the associated risks and you undoubtedly take precautions to ensure your safety. Unfortunately, it’s the negligence, carelessness, and reckless behavior of others that you can’t anticipate. If you were hurt due to the fault of another party, our motorcycle accident lawyers in Cleveland can help you fight for the compensation you need to cover healthcare bills, lost income, pain and suffering, and other damages.
We can come to you if you are unable to come to us. For a free consultation, contact our office today at 216-529-9377.
Our Cleveland Motorcycle Accident Lawyers Can Help You Prove Liability
Like other vehicle accident claims, in a claim arising out of a motorcycle accident, you must prove another party was liable for the collision or wreck. A judge or jury will determine who was legally at fault and hold that party accountable for the resulting damages. It is therefore important that you work with a motorcycle accident attorney who has extensive courtroom experience.
The liable party could be another driver or drivers involved in the accident, a manufacturer of a defective vehicle or part, or a municipality or other entity that failed to keep the roadway in a condition that was reasonably safe for motorcyclists. Most often, actions against other drivers are based on negligence because they failed to exercise the reasonable care required to prevent injury.
Ohio Motorcycle Laws
To operate a motorcycle legally in Ohio, you can either obtain a limited motorcycle license or add a motorcycle endorsement onto a basic license. Both require you to pass a written exam and either take an approved basic rider’s course or pass an on-cycle skills test. (If you move to Ohio with a valid motorcycle license or endorsement, you may not have to take these tests.)
In addition to securing a license endorsement and following the ordinary rules of the road, motorcyclists must follow specific laws in Ohio for both their own safety and that of others. Although recommended, safety helmets are not required unless a driver is under 18, is classified as a “novice” on his or her license, or has only a temporary operator’s permit. Eye protection is required unless your motorcycle has a windscreen. Lane splitting (riding your motorcycle between cars along the lane line) is not expressly prohibited but is not permitted by statute, and a lane-splitting rider may be cited under other moving violation statutes (such as improperly changing lanes).
A Motorcycle Accident Attorney Can Help You Assess Damages
Damages are intended to make you whole following an automobile or motorcycle accident, and Ohio tort law recognizes a few different types. For example, economic damages include reimbursement for medical bills, lost wages, and other quantifiable expenses related to the accident. Noneconomic damages, on the other hand, are intended to compensate you for things like pain and suffering, disability, loss of companionship, and disfigurement.
Ohio law generally limits your recovery of noneconomic damages to $250,000 or three times the economic damages, whichever is greater, up to $350,000 for each plaintiff and $500,000 for each occurrence. An experienced lawyer can help you identify and quantify these damages as you pursue your injury claim.
Your recoverable damages may be reduced if the court determines you are partially responsible for the collision. This doctrine is called contributory fault . For example, if the court determines you were 10 percent at fault for a collision because you failed to yield, it could reduce the amount of any award by 10 percent. Moreover, if the court finds you more liable than all the other parties combined, you will not be able to recover any compensation at all.
How Much Is My Motorcycle Accident Case Worth?
After being involved in an accident that has left you with a serious injury, your medical bills are sure to pile up. You are probably wondering what your personal injury claim could be worth as your financial future likely depends on the outcome of your claim.
While there is no way to predict the exact value of your claim with 100% certainty, there are various factors that your Cleveland motorcycle accident attorney will consider when estimating the potential recovery. Your attorney will need to consult with expert witnesses, see your medical records, and thoroughly investigate the crash.
Here are a few factors that may influence the value of your claim:
- The Severity of Your Injuries: A serious injury with lasting effects can lead to a lifetime of medical expenses, lost future earning potential, expenses for home modifications, and the loss of overall life enjoyment. Usually, the more severe an injury is, the more you will be able to claim in damages as your expenses will be a lot higher in comparison to more minor injuries.
- Loss of Income and Earning Potential: You may be able to include lost income in your claim if your injuries have prevented you from working during your recovery. If your injuries have left you unable to return to the same line of work in the future, there is also the possibility of claiming for lost future earning potential.
- Non-Economic Damages: Not all damages you face after an injury are tangible or monetary. Your injuries, regardless of their severity, may leave you with significant pain and discomfort that prevents you from resuming your normal daily routines. As such, you may be able to include compensation for intangible losses, such as pain and discomfort, in your personal injury case. To prove intangible non-economic losses, your motorcycle accident lawyer in Cleveland may request that you keep a personal injury journal to document your pain levels, symptoms, and your experiences during your recovery daily.
- Your Liability: Liability is one of the main factors that need to be proven during a personal injury claim. While you may be the victim of someone else’s negligence, the steps you take after the accident will play a role in determining your liability. For example, if you do not follow your doctor’s orders, the insurance company will likely dispute your claim as it could be argued that you did not do your duty to mitigate damages. This could result in a significantly reduced settlement.
Free Consultation with a Cleveland Motorcycle Accident Lawyer Near You
If you’ve been injured in a motorcycle accident, you need to seek legal assistance immediately because the law limits the time you have to take action. In most personal injury suits, including those related to motorcycle accidents, the claim must be filed within just two years.
An experienced attorney – like the lawyers at Obral Silk & Pal – can advise you of the best course of action and help you secure the compensation to which you’re entitled. This can include recovering costs for past and future medical care, wage loss, pain and suffering, and, in certain limited circumstances (like accidents involving a drunk driver), punitive damages.
Call now for a free consultation.