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Motorcycle Accidents Motorcycle Accidents Ross, Midian & Breitmayer, LLC Motorcycle Accidents Ross, Midian & Breitmayer, LLC

Riding a motorcycle can be exhilarating, but it also comes with risks. Negligent and inattentive drivers pose a serious threat to motorcyclists, leaving them vulnerable to devastating accidents and injuries.

If you’ve been seriously injured in a motorcycle accident, our skilled personal injury lawyers at Ross, Midian & Breitmayer, LLC, a dedicated law office serving injured Ohioans, are here to fight for you. With a proven track record of securing millions of dollars for injured Ohioans, we have the knowledge and experience to help you navigate the complexities of your case.

Understanding the Factors Behind Motorcycle Accidents

If your motorcycle accident was caused by someone else’s negligence or recklessness, whether you were the operator or passenger, you likely have a valid claim. The responsible party and their insurance company should be held accountable for compensating you for various damages, including property damage, medical bills, pain and suffering, and lost income.

Evaluating Your Motorcycle Accident Claim

Several legal concepts shape how a motorcycle accident claim is evaluated and resolved. Understanding them can help you recognize what your case may involve.

  • Negligence. A claim typically rests on proving that another party failed to exercise reasonable care and that this failure caused your injuries. This may involve a driver who was speeding, distracted, or otherwise violating traffic laws.
  • Comparative fault. Ohio follows a comparative fault rule, meaning that if you are found partially responsible for the accident, your compensation may be reduced by your percentage of fault. Insurance companies frequently attempt to assign blame to motorcyclists, which is why having experienced legal representation matters.
  • Insurance disputes. Insurers often dispute liability, undervalue injuries, or delay payment. Our team is prepared to challenge those tactics and pursue the full compensation you are owed.
  • Third-party liability. In some cases, parties beyond the at-fault driver may share responsibility. Third-party claims can involve employers, vehicle owners, government entities, or product manufacturers, depending on the circumstances of your accident.
  • Types of recoverable damages. Compensation in a motorcycle accident case may include medical expenses, future care costs, lost wages, lost earning capacity, property damage, pain and suffering, emotional distress, and, in the most serious cases, wrongful death damages.

Common Causes of Motorcycle Accidents

Speeding, reckless driving, distracted driving, and other traffic law violations are all too common and all contribute to collisions with motorcycles. Our experience motor vehicle accident attorneys understand the tactics insurance companies use to shift blame onto motorcyclists, but we are prepared to counter their false accusations. With powerful evidence such as dashcam footage, police reports, eyewitness statements, accident reconstruction experts, and medical records, we’ll build a rock-solid case to support your claim.

Motorcycle accidents can arise from a wide range of circumstances. Some of the most frequently seen causes include:

  • Drivers failing to yield. Motorists who fail to yield the right of way at intersections or merging lanes are a leading cause of serious motorcycle collisions.
  • Left-turn collisions. Vehicles making left turns across oncoming traffic frequently strike motorcyclists who are traveling straight through an intersection or passing a vehicle.
  • Unsafe lane changes. Drivers who change lanes without checking blind spots or signaling properly may not see a motorcycle traveling alongside them.
  • Following too closely. Tailgating leaves motorcyclists with little room to stop or maneuver, increasing the risk of rear-end collisions.
  • Opening vehicle doors. A car door opened into the path of an oncoming motorcyclist, sometimes called a dooring accident, can cause serious injuries even at low speeds.
  • Road debris. Objects on the roadway that a car might safely drive over can cause a motorcyclist to lose control and crash.
  • Poor roadway maintenance. Potholes, uneven pavement, missing signage, and other hazardous road conditions can create dangerous situations for riders.
  • Defective motorcycle components. A manufacturing defect or design flaw in a motorcycle or its parts can cause a mechanical failure that leads to an accident.
  • Inclement weather. Rain, ice, and other adverse weather conditions reduce traction and visibility, increasing the likelihood of a crash.
  • Commercial vehicle collisions. Large trucks and commercial vehicles have significant blind spots and require greater stopping distances, making them particularly dangerous to motorcyclists sharing the road.

Common Motorcycle Accident Injuries

Motorcycle accidents can result in catastrophic or fatal injuries due to the lack of protection for riders. Broken bones, road rash, spinal damage, traumatic brain injuries, and internal bleeding are just some of the common injuries motorcyclists may suffer. We recognize the impact these injuries can have on your life, and we’re committed to pursuing maximum compensation on your behalf.

The injuries sustained in a motorcycle accident can range from painful and disruptive to permanently life-altering. Common injuries our clients have suffered include:

  • Road rash. When a rider is thrown from a motorcycle and slides across pavement, the resulting abrasions can be severe. Serious road rash may damage multiple layers of skin, require skin grafting, and leave permanent scarring.
  • Broken bones. The force of a motorcycle collision frequently causes fractures to the arms, legs, wrists, ribs, and pelvis. Some fractures require surgery and extended rehabilitation.
  • Traumatic brain injuries. Even with a helmet, a motorcyclist can sustain a concussion or more serious brain injury. Traumatic brain injuries can affect memory, cognition, behavior, and the ability to work or live independently.
  • Spinal cord injuries. Damage to the spinal cord can result in partial or complete paralysis, requiring lifelong medical care and significantly altering a victim’s quality of life.
  • Internal organ injuries. The blunt force of a crash can cause damage to the liver, spleen, kidneys, or other internal organs. These injuries are not always immediately apparent and can be life-threatening if not promptly diagnosed and treated.
  • Burn injuries. Contact with a hot engine, exhaust system, or fuel following a crash can cause serious burns that may require extensive medical treatment and leave permanent scarring.
  • Neck injuries. Whiplash and other neck injuries are common in motorcycle accidents and can cause chronic pain, limited range of motion, and long-term disability.
  • Back injuries. Herniated discs, fractures, and soft tissue injuries to the back can cause significant pain and may limit a victim’s ability to work or perform daily activities.
  • Amputations. Severe crush injuries or traumatic impact can result in the loss of a limb, requiring prosthetics, rehabilitation, and substantial adjustments to daily life.
  • Psychological trauma. Beyond physical injuries, many motorcycle accident survivors experience post-traumatic stress disorder, anxiety, depression, and other psychological conditions that deserve recognition and compensation.

How Ross, Midian & Breitmayer Lawyers Handle Accident Claims

Our priority is your well-being and recovery. While you focus on healing, our law firm will meticulously handle your case, ensuring you receive the necessary medical treatment and building a strong claim. We’ll gather evidence, work with accident reconstruction experts and medical professionals, analyze your financial losses, negotiate with insurance companies, and take your case to trial, if necessary. Throughout the process, we’ll maintain open and clear communication, keeping you informed every step of the way.

Our approach to every motorcycle accident case includes the following:

  • Independent investigations. We conduct our own thorough investigation of the accident, separate from what law enforcement or insurance companies may gather, to ensure no critical detail is overlooked.
  • Accident reconstruction. When the facts of a crash are disputed, we work with qualified accident reconstruction specialists who can analyze physical evidence and render professional opinions about how and why the collision occurred.
  • Medical experts. We consult with medical professionals who can speak to the nature and severity of your injuries, the treatment you require, and the long-term impact on your health and ability to function.
  • Insurance negotiations. Our team handles all communications and negotiations with insurance companies on your behalf, pushing back against lowball offers and delay tactics to pursue a fair resolution.
  • Litigation preparation. If a fair settlement cannot be reached, we prepare your case for litigation with the same thoroughness and attention to detail that we bring to every stage of representation.
  • Trial representation. Our attorneys are experienced trial lawyers who are fully prepared to present your case before a judge and jury when that is what it takes to secure the outcome you deserve.

Why Motorcycle Accidents are Different From Car Accidents

Motorcycle accident cases present unique challenges that set them apart from standard car accident claims, including:

  • Smaller profile. Motorcycles occupy far less space on the road than passenger vehicles, making them more difficult for other drivers to see, particularly at intersections and in heavy traffic.
  • Reduced visibility. Motorcycles can be obscured by other vehicles, road features, or a driver’s blind spots. Many at-fault drivers claim they simply did not see the rider, a defense our team is experienced in challenging.
  • Lack of rider protection. Unlike occupants of a passenger vehicle, motorcyclists have no surrounding frame, airbags, or seatbelts to absorb the force of a collision. This leaves riders directly exposed to the full impact of a crash.
  • Greater injury severity. Because of the lack of protection, motorcycle accident injuries tend to be significantly more serious than those suffered in car accidents. Fatalities and life-altering injuries are far more common.
  • Insurance bias against riders. Motorcyclists are sometimes unfairly stereotyped as reckless or aggressive by insurance adjusters. This bias can influence how claims are evaluated and how quickly insurers move to assign fault to the rider. Our team is prepared to counter these assumptions with evidence.

Who May Be Held Responsible?

Liability in a motorcycle accident is not always limited to the driver who caused the crash. Depending on the circumstances, multiple parties may share responsibility for your injuries. Potentially liable parties can include:

  • Negligent drivers. Motorists who were speeding, distracted, impaired, or otherwise driving carelessly are the most common source of liability in motorcycle accident cases.
  • Commercial vehicle operators. Drivers of delivery vehicles, buses, or other commercial vehicles who cause accidents through negligent operation may be personally liable in addition to their employers.
  • Trucking companies. When a commercial truck is involved, the trucking company may be held responsible for negligent hiring, inadequate training, improper maintenance, or violations of federal safety regulations.
  • Employers. If an at-fault driver was operating a vehicle in the course of their employment at the time of the accident, their employer may be vicariously liable for the resulting damages.
  • Government entities responsible for dangerous roads. When a hazardous road condition, such as a pothole, missing guardrail, or defective traffic signal, contributes to a crash, the government entity responsible for maintaining that roadway may bear liability. Claims against government entities are subject to specific procedural requirements and deadlines.
  • Motorcycle manufacturers. If a defect in the motorcycle itself contributed to the accident or worsened the resulting injuries, the manufacturer may be held liable under product liability law.
  • Parts manufacturers. A defective tire, brake component, or other part can cause a rider to lose control. In those situations, the manufacturer of the defective component may share responsibility for the crash.

Ohio Motorcycle Helmet Laws

Ohio law imposes specific helmet requirements on motorcyclists.

  • Who is required to wear helmets. Under Ohio law, most adult riders are not required to wear helmets. They are required only for riders under age 18, riders with novice motorcycle endorsements, and certain permit holders.
  • Failure to wear a helmet does not automatically bar compensation. Not wearing a helmet does not prevent you from recovering compensation. According to Ohio Law, not wearing a helmet is generally inadmissible in court. If another driver hit you, they cannot argue that your compensation should be reduced because you weren’t wearing a helmet. Our attorneys can help you understand how this issue may apply to your situation.
  • What Ohio law requires. Helmets worn in Ohio must meet standards established by the director of public safety. In addition to helmets, Ohio law requires all motorcycle operators and passengers to wear protective eyewear unless the motorcycle is equipped with a windshield.

What Compensation Can I Recover in an Accident Claim?

A successful motorcycle accident claim can provide compensation for the full range of losses caused by the crash. Recoverable damages may include:

  • Medical expenses. All reasonable and necessary medical costs related to your injuries, including emergency treatment, hospitalization, surgery, prescription medications, and physical therapy.
  • Future care. When injuries require ongoing treatment, additional surgeries, or long-term care, the anticipated cost of that future care is a recoverable component of your claim.
  • Lost wages. Compensation for income you were unable to earn while recovering from your injuries.
  • Lost earning capacity. If your injuries permanently affect your ability to work at the same level or in the same occupation as before the accident, you may be entitled to compensation for that reduced earning potential.
  • Property damage. The cost to repair or replace your motorcycle and any other personal property damaged in the crash.
  • Pain and suffering. Compensation for the physical pain and discomfort caused by your injuries and the treatment you have undergone.
  • Emotional distress. Damages for the psychological impact of the accident and your injuries, including anxiety, depression, and post-traumatic stress disorder.
  • Permanent disability. If your injuries result in a lasting impairment or disability, you may be entitled to additional compensation reflecting the permanent effect on your daily life and independence.
  • Wrongful death damages. When a motorcycle accident results in a fatality, surviving family members may be entitled to pursue a wrongful death claim for funeral and burial expenses, loss of financial support, loss of companionship, and related losses.

Steps To Take After a Motorcycle Accident

The steps you take immediately after a motorcycle accident can have a significant impact on your health and the strength of your legal claim. If you are able to do so safely, consider taking the following actions:

  • Call 911. Report the accident to law enforcement and request emergency medical services. A police report creates an official record of the crash that can be valuable evidence in your claim.
  • Seek medical treatment. Even if you feel relatively uninjured, seek a full medical evaluation as soon as possible. Some serious injuries, including internal bleeding and traumatic brain injuries, may not produce obvious symptoms right away.
  • Photograph the scene. If you are physically able, take photographs of the accident scene, vehicle positions, road conditions, skid marks, traffic signs, your motorcycle, and any visible injuries.
  • Preserve your motorcycle. Do not repair or alter your motorcycle before it has been inspected. The physical condition of your bike can serve as important evidence regarding the nature and severity of the crash.
  • Collect witness information. Obtain the names and contact information of anyone who witnessed the accident. Eyewitness accounts can be critical in establishing what happened.
  • Avoid speaking with insurers before obtaining legal advice. Insurance adjusters may contact you shortly after the accident seeking a recorded statement. You are not obligated to provide one, and doing so before speaking with an attorney can jeopardize your claim.
  • Contact an attorney. The sooner you speak with a motorcycle accident attorney, the sooner your legal team can begin preserving evidence, identifying liable parties, and protecting your rights. Ohio’s statute of limitations places a deadline on your ability to file a lawsuit, so prompt action is important.

Evidence that can Strengthen Your Claim

Building a strong motorcycle accident claim requires comprehensive, well-documented evidence. Our law firm works diligently to identify and preserve the evidence most relevant to your case, which may include:

  • Police reports. The official accident report documents the responding officer’s observations, the parties involved, any citations issued, and initial findings regarding the cause of the crash.
  • Medical records. Your treatment records establish the nature and extent of your injuries, the care you have received, and the connection between the accident and your medical condition.
  • Helmet damage. The condition of your helmet following a crash can provide physical evidence of the impact forces involved and help counter arguments that a head injury was unrelated to the accident.
  • Motorcycle damage. The damage sustained by your motorcycle can help establish the severity and mechanics of the collision and support your account of how the accident occurred.
  • Dashcam footage. Video footage from a dashcam mounted on your motorcycle or on a nearby vehicle can provide direct visual evidence of how the crash unfolded.
  • Surveillance footage. Traffic cameras, business security cameras, and residential cameras near the accident scene may have captured the collision or the events leading up to it.
  • Eyewitness testimony. Statements from individuals who witnessed the accident can corroborate your account and help establish fault.
  • Cell phone records (where appropriate). If distracted driving is suspected, cell phone records may be subpoenaed to determine whether the at-fault driver was texting or using their phone at the time of the crash.
  • Accident reconstruction. In complex cases, a qualified accident reconstruction expert can analyze the available physical and digital evidence to provide a professional opinion about the cause and dynamics of the collision.

Frequently Asked Questions

Seek medical attention immediately, even if your injuries seem minor. Call the police and obtain a copy of the accident report. Document the scene with photos if you are able, collect contact information from any witnesses, and avoid giving recorded statements to insurance adjusters before speaking with an attorney. Contact Ross, Midian & Breitmayer, LLC, as soon as possible so we can begin preserving evidence and protecting your rights.

In Ohio, not wearing a helmet does not automatically bar you from recovering compensation. However, it may be raised by the opposing party as a factor that contributed to the severity of your injuries. Our attorneys are experienced at addressing these arguments and working to protect the value of your claim.

In most cases, the at-fault driver’s liability insurance is responsible for covering your medical expenses. Depending on the circumstances, your own uninsured or underinsured motorist coverage may also apply. We will identify every available source of compensation and pursue each one on your behalf.

“I didn’t see you” is one of the most common responses from at-fault drivers, but it is not a legal defense. Drivers have a duty to be attentive and to check for motorcyclists before changing lanes, turning, or entering an intersection. We use physical evidence, witness accounts, and expert analysis to demonstrate that the driver’s inattention was negligent and that you are entitled to compensation.

Ohio’s statute of limitations for most personal injury claims, including motorcycle accidents, is two years from the date of the accident. Missing this deadline can permanently bar your right to recover compensation. We strongly encourage you to contact us as soon as possible so that critical evidence can be preserved and your claim can be filed on time.

Every case is different, and the value of your claim depends on a range of factors, including the severity of your injuries, your total medical costs, the income you have lost, the impact on your quality of life, and the strength of the evidence establishing fault. Our attorneys will conduct a thorough assessment of your losses (referred to as damages) and fight to recover the full amount you deserve.

While you are not legally required to hire an attorney, having experienced legal representation significantly improves your chances of receiving fair compensation. Insurance companies are skilled at minimizing payouts, and without an attorney, you may unknowingly accept far less than your claim is worth. Our team levels the playing field and advocates for your best interests at every step.

All personal injury claims are handled on a contingency fee basis. That means you pay no attorney fees unless we recover a settlement or verdict on your behalf. There is no upfront cost and no financial risk to getting started. Your initial consultation is free.

Contact A Motorcycle Accident Lawyer Today

Our team is ready to act swiftly, advocating for your rights and taking on the insurance companies. We understand the challenges you face and are prepared to meet you wherever you are, whether it’s at our office, your home, or the hospital.

Contact our legal team today to discuss your motorcycle accident case. Remember, we work on a contingency fee basis, meaning you don’t owe any attorneys’ fees unless we recover a settlement or verdict on your behalf. Let us fight for the justice and compensation you deserve.

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