Last updated on August 3rd, 2023
Motorcycles are popular in Ohio. In 2013, Ohio ranked fourth in the nation for motorcycle registrations. That put it behind only California, Texas, and Florida, states with significantly higher populations. Unfortunately, being home to so many motorcycle enthusiasts means that Ohio is also the site of thousands of motorcycle accidents each year.
Motorcycle accidents often result in serious injuries for the motorcyclist. These injuries can lead to lengthy hospital stays and ongoing complications that follow the driver for years. Fortunately, Ohio law provides a remedy for motorcyclists injured by the negligence or other wrongdoing of another person. This post outlines the kinds of injuries a motorcycle accident can cause and an injured motorcyclist’s legal options following an accident.
Motorcyclists are not as protected during a crash as occupants in a car or truck. There is no metal frame around them to dissipate the impact or keep them from being thrown to the ground. Because of how exposed those riding a motorcycle are, it should come as no surprise that the injuries they sustain in an accident can affect virtually every part of their body.
In a 2010 study of nonfatal motorcycle injuries between 2001 and 2008, the Centers for Disease Control and Prevention (CDC) found that 30% of motorcycle accident injuries were to the rider’s lower extremities — his or her feet and legs — while 22% were caused to the rider’s head and neck, 20% to his or her upper trunk (i.e., chest), and 18% to upper extremities (hands and arms).
A 2006 study published by the Association for the Advancement of Automotive Medicine (AAAM) looked at the injuries of hospitalized motorcyclists in Maryland. Like the CDC, the AAAM found that the most common injuries were to the lower extremities. However, it found upper-extremity injuries to be the second-most common, followed by head, neck, and chest injuries.
The injuries sustained in a motorcycle accident can be serious regardless of what part of the body they affect. Head injuries are often fatal, but even those that aren’t can cause dangerous brain trauma. Injuries to extremities — like hands, arms, feet, or legs — can result in long-term disability that makes it difficult or impossible to work.
Being involved in a motorcycle accident doesn’t only cause physical injuries. It can also harm the rider psychologically. Many people who are involved in traffic accidents develop symptoms of post-traumatic stress, which can negatively affect the quality of life in many ways and for many years.
In Ohio, a motorcycle accident could give rise to a few different types of claims. The most common is a negligence claim against another driver. To succeed in a negligence claim, the plaintiff must be able to prove that the other driver caused the accident negligently — such as by talking on a cell phone while driving or not checking his or her mirrors before changing lanes or turning.
Another type of claim that may result from a motorcycle accident is a product liability claim against the manufacturer of the motorcycle or safety equipment. If a defect in the design or manufacture of a motorcycle or helmet causes an accident or increases the driver’s injuries after the accident, then the law entitles the driver to compensation from the manufacturer.
Finally, an accident caused by poor road maintenance may give rise to a claim against the government. Although the government is immune from suit in many cases, a local government’s failure to maintain the roads in good repair is one of the circumstances in which it is subject to liability.
Statutes of limitations are laws that limit how long a person has to file a lawsuit. If the person fails to file before the deadline established by the applicable statute of limitations, then his or her case will be barred, meaning the courts will refuse to hear it. The statute of limitations for a motorcycle accident claim depends on what kind of claim is involved.
For a claim alleging negligence by another driver, the standard personal injury statute of limitations will apply. This means that a plaintiff generally has only two years after the date of the accident to file suit.
Finally, lawsuits against the government for failing to keep the roads in good repair are subject to a separate two-year statute of limitations. If you need help filing lawsuits, make sure to reach out to an Ohio motorcycle accident lawyer.
Damages are what the court awards a successful plaintiff in a personal injury lawsuit. They generally fall into one of two categories: compensatory damages and punitive damages. Compensatory damages are amounts meant to make the plaintiff whole and to compensate him or her for the physical, mental, and financial injuries caused by the defendant’s wrongful conduct.
Compensatory damages are further categorized into economic or non-economic damages. Economic damages are damages for injuries that can be easily quantified. In a motorcycle accident claim, these will include things like property damage, medical expenses, and lost wages. In Ohio, such damages are unlimited — a plaintiff can recover what he or she can prove.
Noneconomic damages are meant to compensate for those aspects of the plaintiff’s injuries that can’t be easily quantified. These include things like pain and suffering, loss of companionship, and disfigurement. In general, Ohio limits such damages to the greater of $250,000 or three times the economic damages, but limited to $350,000 for each plaintiff and $500,000 for each occurrence.
Punitive damages, on the other hand, are not meant to compensate the plaintiff. They are meant to punish defendants whose behavior demonstrated “malice or aggravated or egregious fraud.” In a motorcycle accident claim, punitive damages might be available if, for example, another driver swerved in front of the motorcyclist in a fit of road rage. However, even when available, these damages are also limited — generally, to two times the amount of compensatory damages.
There are several reasons why motorcycle accident claims require special attention. Firstly, motorcycles are inherently more dangerous than cars. Motorcycles lack the protective structure and safety features that cars have, leaving riders more vulnerable to serious injuries. As a result, the injuries sustained in motorcycle accidents tend to be more severe, leading to higher medical bills, long-term rehabilitation, and potential loss of earning capacity. This means that the compensation sought in motorcycle accident claims is often higher than in car accident claims.
Secondly, liability is often disputed in motorcycle accident claims. There is a stigma surrounding motorcycle riders, with some people assuming that they are reckless or at fault. Unfortunately, this bias can affect how insurance companies and even juries perceive the case. It is crucial for motorcycle accident victims to have a skilled Ohio personal injury attorney who will fight to prove liability and ensure they receive fair compensation.
Here are six common motorcycle crash injuries:
As Ohio motorcycle accident lawyers, these are the most common reasons we see for motorcycle crashes:
Here are five ways your motorcycle accident attorney can assist you in navigating the claims process:
When it comes to motorcycle accidents in Ohio, it’s important to have a good understanding of your rights. Here are some frequently asked questions surrounding motorcycle accident claims and their short answers:
A: It’s best to reach out to an attorney as soon as possible after a motorcycle accident in Ohio. Time is of the essence in gathering evidence, filing necessary paperwork, and protecting your rights. The sooner you involve an attorney, the better chance you have of building a strong case.
A: The compensation you can receive depends on various factors such as the severity of your injuries, medical expenses, lost wages, pain and suffering, and more.
A: Yes, Ohio has a statute of limitations for motorcycle accident claims. Generally, you have two years from the date of the accident to file a personal injury claim and up to four years to file for property damage.
A: Ohio follows a comparative negligence rule, which means that even if you were partially at fault for the accident, you may still be eligible to recover compensation. However, the amount of compensation you can receive may be reduced based on your degree of fault.
Motorcycle accidents can cause serious and ongoing physical and psychological harm. But Ohio motorcycle accident law entitles those injured in such accidents by the wrongful act of another to seek compensation in court. If you or a loved one has been injured in a motorcycle accident, contact an Ohio motorcycle accident lawyer from Dyer, Garofalo, Mann & Schultz today. We offer a free case review to help you understand your legal rights and decide how best to protect them.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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