What to Know About Motorcycle Accident Claims?

Motorcycle crashes can be devastating, leaving victims with catastrophic injuries, hefty medical bills, and emotional trauma. Understanding the steps afterward can make all the difference in your recovery. Keep reading to learn more about motorcycle accident claims, how we can help you recover compensation for your losses and some factors that influence the outcome of your case.

In this guide, we’ll walk you through everything you need about the filing process, how settlements work, and the timelines you should know. If you’re considering taking legal action after a motorcycle incident, contact Dyer, Garofalo, Mann & Schultz for a free consultation with one of our experienced attorneys.

How Is Fault Determined in a Motorcycle Accident?

Liability is determined by examining the actions of all parties involved in the motorcycle accident. Ohio follows a comparative negligence system, which means that if you’re partially at fault, your compensation may be reduced proportionally. For example, if it’s determined that you were 20% at fault, your settlement will be reduced by 20%. The key to determining fault in these circumstances involves a thorough investigation of several factors, such as:

Traffic Violations: Did the other driver run a red light or violate any traffic laws? This can significantly impact fault determination.
Witness Testimony: What do witnesses say about how the accident occurred? Their accounts can corroborate your version of events and strengthen your claim.
Police Reports: What did law enforcement conclude at the scene of the misfortune? Police findings often carry substantial weight in court proceedings and can influence settlement negotiations.
Evidence from the Scene: Photos, videos, and vehicle damage are critical in reconstructing the events and providing a clear picture of what transpired during the accident.

Collecting and preserving as much evidence as possible after this eventuality is crucial. Substantial evidence can significantly impact how fault is determined and guarantee you receive a fair agreement that covers all your losses.

Proving Negligence in a Motorcycle Accident

Specific actions must be demonstrated to establish liability in a motorcycle accident claim. In legal terms, negligence occurs when a person fails to act reasonably, causing harm to someone else. Proving it in a motorcycle collision case involves establishing four key elements:

Duty of Care: The other driver owed you a duty to operate their vehicle safely and according to the law. This includes following traffic signals, staying alert, and driving responsibly to avoid harm.
Breach of Duty: The at-fault driver failed to meet that duty. This could involve reckless driving, speeding, distracted driving, or violating traffic laws, such as running a red light.
Causation: The breach of duty directly caused the motorcycle accident and your injuries, linking their negligence to the crash.
Damages: The crash caused you to suffer measurable losses, such as physical harm, property damage, lost wages, and emotional distress, all of which can be compensated through legal action.

According to Forbes, a victim of this event has the legal right to pursue a lawsuit if they can prove that another party’s negligence caused the crash. Gathering sufficient evidence of negligence is crucial, as, without it, the claim may be denied or result in a lower settlement. A skilled Dayton car accident attorney can help collect the necessary evidence, such as traffic camera footage, witness statements, and accident reconstruction, to prove the other party was at fault.

If you prove that the other party’s negligence caused your incident, you’ll be in a stronger position to secure a higher agreement.

How Much Can You Get from a Motorcycle Settlement?

The amount you can get from a motorcycle crash settlement varies based on several factors, such as the extent of your lesions and the specific circumstances of the collision. These settlements in Ohio generally fall into a range, but there’s no one-size-fits-all answer. Some of the most usual factors that affect the final amounts include:

Medical Expenses: The cost of your treatment—both immediate and long-term—plays a massive role in determining your compensation. This includes surgeries, physical therapy, prescription medications, and future medical care.
Lost Wages: If your impairments prevent you from working, you may be entitled to recover your lost income. This also includes compensation for reduced earning capacity if you cannot return to your previous job.
Pain and Suffering: In addition to financial losses, agreements often include monetary recovery for the physical pain and emotional suffering caused by the tragedy.
Property Damage: If your motorcycle was damaged, you can recover the cost of repairs or replacement.

According to the Motorcycle Legal Foundation, handling insurance claims after a motorcycle accident can be messy and complicated. Insurance companies may push back on allegations, offer lower settlements, or even deny coverage altogether, especially if the documentation is incomplete or there’s any question about fault. This is why it’s essential to have detailed documentation—medical reports, police reports, and photographs from the scene—and work with a knowledgeable attorney to fight for a fair treaty.

What Damages Can You Recover from a Motorcycle Accident?

After a motorcycle accident, you may be eligible to recover several types of damages, which are generally categorized as either economic or non-economic damages:

Economic Damages: Refer to the financial losses you’ve incurred due to the accident. They encompass:
- Medical bills (hospitalization, surgeries, rehabilitation, future medical care).
- Lost wages (both past and future, including reduced earning capacity).
- Property damage (repairs or replacement of your motorcycle, as well as personal items damaged in the crash).
Non-Economic Damages: These are more subjective and harder to quantify, but they are just as important in determining your settlement. They include:
- Pain and suffering.
- Emotional distress.
- Loss of enjoyment of life, including limitations on daily activities or hobbies.
- Permanent disability or disfigurement, which can greatly affect your quality of life.

Collisions involving motorcycles often lead to more profound wounds compared to car crashes because of the limited protection for the rider. Common injuries include brain trauma, spinal cord damage, and severe fractures, each of which can significantly increase the compensation amount. According to Enjuris, these accidents often involve unique circumstances and serious impairments, making it more challenging to recover fair compensation without legal help.

Ohio does not cap economic damages in personal injury cases, but non-economic damages may be limited in some others, mainly if the bodily harm isn’t classified as catastrophic.

How Long Do Motorcycle Accident Settlements Take?

The time it takes to settle a motorcycle accident claim varies depending on the case’s complexity. If liability is clear and the wounds are minor, a resolution could be reached within a few months. However, disputes over who was at fault or whether the injuries are severe can take much longer—sometimes a year or more.

Some factors that can impact the timeline of your settlement are:

Severity of Injuries: Cases involving life-threatening damage often take longer because it’s important to fully understand the long-term impact on your health before accepting an agreement. This may include ongoing medical treatments, rehabilitation, or future surgeries, which must be factored into the settlement.
Disputes Over Fault: The process can drag on if the insurance company or the other driver disputes who was responsible for the accident, requiring further investigation or legal intervention.
Negotiations with Insurance Companies: Agencies may offer a lower deal initially, and negotiating for a fair amount can extend the timeline, especially if multiple rounds of counteroffers are needed to reach an agreement that adequately covers your damages.

It’s crucial not to rush into accepting a settlement offer before understanding the full extent of your injuries and damages. Patience is fundamental in these cases, as accepting an offer too quickly can leave you with less than you need to cover your long-term expenses.

How Long Do I Have to File a Lawsuit?

You generally have two years from the date of the motorcycle accident to file a personal injury lawsuit in Ohio. This is known as the statute of limitations. You could lose your right to recover compensation if you don’t file your claim within this time frame. On the other hand, some exceptions can either shorten or extend this timeline, such as:

Discovery of Injury: In some cases, lesions may not immediately be apparent. If you discover one later, the clock may start from the date of discovery.
Minors or Incapacitated Persons: The statute of limitations may be extended if the victim is a minor or legally incapacitated.

Given these variables, consulting with an attorney as soon as possible after a motorcycle accident is the best course of action.

Contact Dyer, Garofalo, Mann & Schultz for Help with Your Motorcycle Accident Claim

If you’ve been injured in a motorcycle accident in Ohio, you don’t have to face the claims process alone. At Dyer, Garofalo, Mann & Schultz, our dedicated team of personal injury lawyers is here to ensure all deadlines are met and your case is filed within the appropriate time frame. With our support, you can focus on healing and moving forward while we fight for your rights and pursue the compensation you deserve. Contact us today for a consultation to learn how we can guide you every step of the way.

Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.