Hamilton Motorcycle Accident Lawyer

Motorcycle accident Lawyers

Doug Mann

Last updated on August 14th, 2024

Motorcycle accidents are often life-altering events that leave victims with severe injuries and emotional trauma. The consequences of such accidents are particularly devastating due to the inherent vulnerability of motorcyclists on the road. If you’ve been involved in a motorcycle accident in Hamilton, you have legal rights, you can call a Hamilton motorcycle accident lawyer. The law allows you to take the necessary steps to seek compensation for your injuries, especially if the accident was caused by another party’s negligence.

At Dyer, Garofalo, Mann & Schultz, we are dedicated to helping motorcycle accident victims in Hamilton obtain justice. Since 1990, we have advocated for the rights of accident victims and used our extensive experience and resources to obtain significant settlements. Our team understands the challenges you face and is committed to providing the support and representation you need to reclaim your life.

What To Do After a Motorcycle Accident?

Actions after a motorcycle accident are crucial for ensuring your safety and well-being. Importantly, your immediate steps are key when it comes to preserving important evidence that may be needed for insurance claims or legal proceedings. Here is what to do after a motorcycle accident:

Document the Scene

After a motorcycle accident, remain calm and look for a way to document the scene thoroughly. If you are able, you may take photographs of the entire scene, including injuries and property damages.

This first-hand record is crucial evidence in your case that can help establish the circumstances of the accident and who may be at fault.

Report to the Police – an Ohio Legal Requirement

In Ohio, any accident resulting in injury, death, or $1000 worth of property damage has to be reported to the police. Filing a police report can provide an official record of the accident, which you can use later to file an insurance claim or lawsuit. Therefore, you need to provide accurate and detailed information to the responding officers.

Seek Immediate Medical Attention

It is highly recommended that a medical evaluation be performed immediately after a motorcycle accident. Sometimes, you may not feel injured but note that the accident shock can mask some of the most life-threatening injuries, such as internal injuries.

Additionally, prompt medical treatment helps link the accident with your injuries, which is key for legal claims.

Inform Your Insurer

After an accident, don’t wait any longer to notify your insurance company. However, be cautious about what you say during this conversation.

Insurance providers usually look for loopholes to minimize your claim. For instance, you should not speculate about fault or the extent of your injuries. If you fail to stick to the facts, your statements could be used against you to deny or undervalue your claim

Call Your Hamilton Motorcycle Accident Lawyer

One of the most important steps you can take after a motorcycle accident is to contact a motorcycle accident attorney. Your attorney in Hamilton will evaluate your case, guide you through the legal process, and advocate for your rights.

Importantly, your legal advocate will handle communications with insurance companies and opposing parties as you focus on your recovery.

Is Ohio a Fault State?

Ohio operates under a “fault” system for determining liability in motor vehicle accidents. This means that the party responsible for causing the accident is liable for the damages resulting from the accident.

Victims of a motorcycle accident in Ohio can file a claim against the at-fault driver’s insurance company to seek compensation for their damages.

In fault states, proving negligence is key to securing compensation. Your lawyer can play a vital role in these cases by gathering evidence to build a winning case that demonstrates the other party’s liability.

Common Causes of Motorcycle Accidents

Motorcycle accidents can occur for a variety of reasons, many of which are preventable. Some common causes include:

• Distracted driving. Approximately 40% of all motorcycle accidents are caused by distracted drivers. Driving while texting, for instance, means that you may fail to notice motorcyclists, leading to crashes.
• Speeding. National Safety Council data indicate that speeding was responsible for around 29% of fatal motorcycle accidents in 2022. Excessive speed reduces a driver’s reaction time and increases the severity of collisions.
• Failure to yield. A large number of motorcycle accidents reportedly occur at intersections when drivers fail to yield the right of way to motorcyclists.
• Road hazards. Motorcycles are more susceptible to road hazards like potholes, debris, and uneven surfaces. When a motorcyclist encounters such hazards, they may lose control and cause a crash.
• Inexperienced drivers. Drivers who are not familiar with sharing the road with motorcycles may not understand how to drive around them safely.
• Driving under the influence. Alcohol and drugs impair a driver’s ability to operate a vehicle safely, significantly increasing the risk of accidents. Nearly 40% of motorcycle fatalities are caused by drug driving.

Your attorney will be keen on facts that help determine the causes of motorcycle accidents to help establish fault.

Common Injuries of Motorcycle Accidents

Motorcycle accidents often cause severe injuries because there are no protective barriers between the rider and the road. Unlike car occupants, motorcyclists face direct exposure to impact forces that can lead to serious and potentially life-threatening injuries.

Head Injuries

Head injuries are among the most serious outcomes of motorcycle accidents. Even with helmets, motorcyclists can still suffer traumatic brain injuries (TBIs) that may result in disability.

Spinal Cord Injuries

Motorcycle crashes are often associated with spinal cord injuries. These injuries may escalate and lead to paralysis if not properly treated. Spinal cord injuries often require extensive medical treatment and rehabilitation which significantly affects the victim’s quality of life.

Broken Bones

Motorcyclists frequently sustain fractures in accidents, particularly in the limbs. The high-energy forces involved in motorcycle crashes can result in fractures and injuries. These injuries may require surgeries, physical therapy, and long recovery periods.

Road Rash

Road rash occurs when a rider’s skin scrapes against the pavement during a crash, causing painful abrasions. Road rash, though it may seem minor, can be a concern due to the risk of infection, scarring, and nerve damage.

Internal Injuries

Internal injuries in motorcycle accidents are often caused by the blunt force trauma sustained during the collision. The high-speed impact can lead to organs being compressed or damaged, even if there are no visible external injuries. These injuries require immediate medical attention and can be life-threatening if not treated promptly.

What’s the Statute of Limitations for a Motorcycle Accident in Hamilton, OH?

In Ohio, if you get hurt in a motorcycle crash, you have two years from the day it happened to file a lawsuit for your injuries and losses. If you don’t take legal steps within those two years, you may lose your right to sue, as per the Revised Code § 2305.10

However, some exceptions can extend or “toll” the statute of limitations. These include the following:

• If the injured party was a minor at the time of the accident, the statute of limitations may extend until they reach the age of majority.
• If the injury was not immediately discoverable, the clock may start ticking from the date the injury was discovered or should have been discovered with reasonable diligence.
• Fraudulent concealment by the defendant to prevent timely legal action.
• The plaintiff’s absence from the jurisdiction where the claim should be filed.

Notably, the statute of limitations is a key factor to consider when filing your lawsuit. A lawyer can help you meet the necessary legal deadlines to preserve your rights to sue. Also, if you delay filing your lawsuit for a genuine reason, they will request an extension based on permissible tolling factors.

What Damages Can I Recover?

Victims of motorcycle accidents may be entitled to recover various types of damages, depending on the unique facts of their case. These damages may include:

• Medical expenses. Coverage for medical expenses related to the motorcycle accident, including prescription drugs, hospitalization, surgical procedures, and ongoing care.
• Lost wages. This is a claim for earnings lost due to the inability to work due to accident-related injuries.
• Pain and suffering. You can also claim compensation for emotional trauma, physical pain, and loss of enjoyment of life after sustaining injuries from the motorcycle crash.
• Property damage. These damages seek to replace the damaged property or repair it. You may collect repair estimates from authorized dealers and present them to the insurance adjuster for consideration.
• Loss of consortium. This is compensation issued to family members for loss of companionship and support due to the victim’s injuries.
• Punitive damages. If someone’s actions were grossly negligent, the court might issue a verdict for punitive damages. This is meant to punish the at-fault party and bar others from repeating the same egregious behavior.

Your Hamilton motorcycle accident lawyer will assist in gathering and presenting evidence to support the calculation of damages. They will even negotiate with insurance companies or opposing parties to ensure fair compensation for both economic and non-economic losses.

If a fair settlement is not achievable outside of court, your advocate will represent you in litigation proceedings. They will present the calculated damages before the jury to seek appropriate compensation.

Why Hire a Hamilton Motorcycle Accident Lawyer?

Hiring a motorcycle accident lawyer in Hamilton can influence the outcome of your case in several ways. There are many reasons why you need to have a Hamilton accident attorney by your side.

Focus on Recovery

Dealing with legal proceedings can be overwhelming, especially when you’re trying to recover from serious injuries. Your attorney will handle the legal processes on your behalf, which will allow you to concentrate on your health and recovery.

Professional Claim Handling

Insurance companies often take claims more seriously when they involve legal representation. An attorney can advocate for you by negotiating with insurance companies on your behalf. He will see to it that your rights are protected and that you receive adequate compensation for your injuries.

Access to Valuable Resources

Law firms like Ohio Tiger have rich networks of experts, including accident reconstructionists, medical professionals, and economists. When you hire the service of a motorcycle accident lawyer in Hamilton, they can engage those experts to offer additional evidence and testimony to support your claim.

Peace of Mind

Having a lawyer to advocate for your rights offers peace of mind since your case is managed by someone with rich legal knowledge and experience. Your attorney is also your shield against the tricks and strategies employed by insurance companies to deny, delay, or undervalue your claim. With your lawyer’s support, you are confident that your legal affairs are in capable hands.

Learn How Our Hamilton Motorcycle Accident Attorneys Can Help With Your Case

If you or a loved one has been involved in a motorcycle accident, it’s crucial to understand your legal rights and options. The Hamilton motorcycle accident attorneys at Dyer, Garofalo, Mann & Schultz understand your challenges and are ready to take up your case to seek restitution. We will negotiate with insurance companies on your behalf and, if necessary, take your case to trial to seek adequate legal recovery. Contact us today at 937-222-2222 to request a free case evaluation.