Drivers owe a duty of care to all parties on the road, including motorcyclists. In fact, drivers should take extra precautions when traveling near motorcyclists because these individuals have few protections between them and the pavement. This means that if a driver fails to uphold their duty of care, severe and catastrophic injuries may result.
A Sandusky motorcycle accident lawyer could help you file a claim for monetary damages if you suffered injuries in a recent collision caused by a negligent motorist. The personal injury attorneys at Tittle & Perlmuter understand the specific laws and nuances involved in these claims and could work tirelessly to help you recover your losses.
Motorcycle accident claims are generally based on the legal theory of negligence. To prove that a defendant was negligent, a claimant must prove that the at-fault party violated their duty of care and, as a result, caused them to sustain losses. A Sandusky attorney could help a motorcyclist injured establish negligence in their motorcycle accident case.
State law also outlines how the court may award damages in circumstances where the injured party, as well as the defendant, are liable for the accident. Per Ohio Revised Code §2315.33, a person seeking injury damages can bear some responsibility and still receive compensation. However, to obtain compensatory damages, this individual may not be more than 50 percent liable for their injuries. When a plaintiff is partially to blame for their injuries, a court may reduce their compensation award by their percentage of fault.
Under Ohio Rev. Code §4511.55, two riders may operate their motorcycles alongside one another in a single traffic lane. However, it is illegal for three or more riders to travel side-by-side in a single lane.
State law also establishes specific safety parameters regarding the operation of motorcycles on roads and highways. Motorcycle riders are not required to wear a helmet in most cases unless the rider is a minor or has owned their motorcycle license for less than 12 months. The height of a motorcycle’s handlebars may not exceed the rider’s shoulders. Motorcycles must have a minimum of one functioning headlight and rearview mirror.
These laws are important to note because they could impact how a court assigns liability for a particular case. For instance, if a motorcyclist was violating one of these laws at the time of their accident, they could be partially at fault for their accident.
According to state law, an injured motorcyclist may file a claim for their accident not later than two years from the date of their crash. If an injured party does not file their case on time, the court may bar them from pursuing compensation. Therefore, it is important to seek counsel from a Sandusky attorney as soon as possible after a motorcycle wreck.
A skilled Sandusky motorcycle accident lawyer could help you understand your legal rights and inform you of your eligibility to file an injury claim if you were in a serious crash. More importantly, an attorney could stand up for your rights and fight zealously on your behalf. Call today to speak with one of the lawyers at Tittle & Perlmuter about your case.