If you operate a motorcycle in the Cleveland area, then you understand the inherent risks that come in sharing the road with cars, trucks, and other motor vehicles. Even the most skilled and practiced motorcyclist is at the mercy of reckless drivers, unsafe road conditions, and even mechanical failures with their own bikes. And if a collision or similar accident does occur, a motorcyclist is effectively left exposed to the open road without any of the safety protections available to someone riding inside a car.
While motorcyclists are often portrayed as reckless, in most cases it is another motorist who is at-fault for a serious accident. If you have been involved in such a crash, it is imperative that you consult a qualified Cleveland motorcycle accident lawyer. Tittle & Perlmutter is a dedicated Ohio personal injury law firm that has represented many motorcycle accident victims in seeking compensation for their financial and other losses arising from a preventable crash.
How Common Are Motorcycle Accidents in Ohio?
According to official figures from the Ohio State Highway Patrol, there were 18.980 motorcycle accidents reported statewide between 2018 and 2022. This included 927 fatal accidents that resulted in the deaths of 968 people. More than 5,200 other motorcycle accidents resulted in serious injuries to the victims. Not surprisingly, Cleveland and the surrounding Cuyahoga County lead the state in motorcycle accidents, with 1,760 reported crashes during this same 2018 to 2022 period.
Who Is Liable for a Cleveland Motorcycle Accident?
Ohio is an at-fault state when it comes to motor vehicle accidents, including crashes involving motorcycles. An “at-fault” state is one where the negligent driver or other third parties can always be held financially responsible to the victims of the accident. In contrast with “no-fault” states, the victims are not required to seek coverage under their own insurance policies before filing a personal injury lawsuit.
At the same time, Ohio also uses a form of modified comparative negligence in personal injury cases.
“Comparative negligence” is the concept that a judge or jury must apportion fault for a given accident between the parties. If the plaintiff is found partially at fault, any award of damages is reduced in proportion to that fault. For example, if a truck driver hits a motorcycle, and the jury later finds the motorcyclist was 20 percent at-fault, the truck driver is only responsible for paying 80 percent of the motorcyclist’s damages.
On that note, establishing liability for a motorcycle accident in Ohio requires the plaintiff to prove that the defendant was negligent. Negligence means that even if the defendant did not intentionally injure the plaintiff, as is usually the case, the defendant still failed to observe some duty of care owed to the plaintiff.
Common examples of negligent behavior that can lead to a motorcycle accident in Cleveland include:
- distracted driving (e.g., driving while texting);
- driving while under the influence of alcohol or drugs;
- excessive speeding;
- opening a car door into oncoming traffic without checking for motorcycles;
- stop sign and red light violations;
- tailgating (i.e., following too closely); and
- unsafe lane changes.
In addition to driver negligence, motorcycle accidents may also be the result of negligence on the part of a third party. For example, if an improperly maintained roadway leads to a motorcycle accident, the motorcyclist may have a personal injury claim against the City of Cleveland or another government agency with legal responsibility for the street. Similarly, if a motorcycle accident is the result of a defect with the bike itself, an injured motorcyclist may have a claim against the manufacturer of the motorcycle or even a specific part.
Compensation for Cleveland Motorcycle Accident Victims
A motorcycle accident can leave an injured rider fighting for their life. Fatal and catastrophic injuries are far more likely to occur with motorcyclists than other categories of motor vehicle accident victims. Some of the more severe injuries that we see with our motorcycle accident clients are:
- amputation;
- bone fractures;
- burn injuries;
- disfigurement;
- internal bleeding and organ damage;
- road rash;
- traumatic brain injuries; and
- spinal cord damage, including paralysis.
Through a personal injury lawsuit, an injured motorcyclist can seek economic and non-economic damages from the negligent parties. Such damages cover:
- hospital and other medical bills;
- anticipated future medical and rehabilitation expenses;
- medical assistance devices, such as wheelchairs;
- loss of past income;
- diminished future earning capacity;
- the costs of repairing or replacing a damaged or destroyed motorcycle and
- pain and suffering, mental anguish, and loss of enjoyment of life.
Contact a Cleveland Motorcycle Accident Attorney Today
Ohio has a two-year statute of limitations on personal injury claims, including those arising from motorcycle accidents. While two years may sound like enough time to file a lawsuit, keep in mind there is often a lengthy process of investigating the underlying causes of the motorcycle accident followed by negotiations with the at-fault parties and their insurance companies. Insurers are especially adept at dragging things out in the hopes of pressuring an injured motorcyclist to accept a low settlement offer.
Do not put yourself in this position. You need to be proactive when it comes to seeking compensation for your injuries. Call Tittle & Perlmuter today to schedule a free case strategy session with a member of our team.
