“I Didn’t See It” Is Not An Excuse For Motorcycle Accidents
Almost every motorcycle accident involves the nonmotorcycle driver saying the same thing: “I just didn’t see it.” There is no excuse for not being aware of your surroundings on the road and bad drivers need to be held accountable for their negligence.
If you have been injured in a motorcycle accident, the experienced Cleveland personal injury lawyers at Bashein & Bashein Company, L.P.A., can help you get the compensation you deserve. Our Cleveland firm has been providing injury victims throughout Ohio with outstanding legal services since 1949. We have extensive experience practicing in a broad range of courts, all the way up to the Ohio Supreme Court. This experience can give our attorneys the edge you need, as we know what judges and juries are looking for in a case.
From Harleys to “crotch rockets”/streetbikes, choppers to cruisers — we understand the legal concerns of riders and the serious consequences that can arise from accidents involving motorcycles with other vehicles.
When the time comes to choose a lawyer to protect your rights, experience matters. Motorcycle injury cases have the potential to be very complex, making it extremely important to have an attorney on your side who understands what it takes to create a compelling case. To discuss your case in a free consultation, contact us today.
Why Choose Bashein & Bashein for Your Motorcycle Accident Claim
- Our firm has a 99% success rate for our cases. We will work tirelessly to build a compelling claim in your favor and recover the settlement that you deserve.
- Since our firm’s founding, we have recovered over $450 million in settlements and jury verdicts for our clients. Our attorneys will explore all possible avenues to compensation to maximize your claim.
- We understand how painful motorcycle accident injuries can be. Your lawyer will handle all matters related to your case so that you can focus on recovery and treatment, not complex litigation.
Motorcycle Accidents Have Terrible Consequences
The openness and freedom of a motorcycle is what attracts many riders, but it also poses significantly higher risks of serious injuries in a crash. We fight aggressively to secure compensation for the victims of:
- Head injuries
- Brain injuries
- Spinal cord injuries
- Back injuries
- Neck injuries
- Burn injuries
- Road rash
What Causes Motorcycle Accidents in Cleveland?
Many motorcycle accidents are caused by negligent drivers on the road. Everyone on the road, from drivers and pedestrians to truckers and motorcyclists, has a responsibility to follow the law and act in a safe, reasonable manner. If a driver fails to uphold this duty, a motorcyclist can suffer serious injuries.
Below are a few examples of negligent driving behaviors:
- Failure to obey traffic signs and signals
- Failure to yield the right of way
- Making unsafe lane changes
- Driving while distracted
- Driving under the influence of alcohol or drugs
- Opening vehicle doors into traffic
- Reckless or aggressive driving
Additionally, because motorcycles are much smaller and lighter than passenger cars, they are more vulnerable to dangerous road conditions. Potholes, loose gravel, fallen trees, and other debris can cause a motorcyclist to lose control of the bike and crash.
Mechanical defects also lead to many motorcycle accidents. If a critical part malfunctions or stops working, serious accidents can occur. Defective brakes, tires, fuel systems, and more can cause a motorcyclist to suffer severe injuries.
Legal Options for Injured Motorcyclists in Ohio
If someone else caused your motorcycle crash, you have the right to pursue legal action. Ohio is a fault state when it comes to traffic accidents. Under this system, the person or entity who caused your crash would be responsible for paying for any damages that you suffered.
Usually, the liable party in a motorcycle accident is a motor vehicle driver. In this situation, you could pursue a claim against the at-fault driver’s insurance policy or file a lawsuit against him or her in civil court. As long as you can prove that the driver caused the crash, you can recover a settlement.
Other liable parties in motorcycle accidents may include:
- Motorcycle Parts Manufacturers: If your accident was caused by a mechanical defect, you could file a lawsuit against the manufacturer for the defective product. You may also name the product’s distributor or retailer in your lawsuit.
- Government Agencies: If your accident was caused by a road hazard or defect, you could file a lawsuit against the government entity that was responsible for taking care of the road. Claims against government agencies follow a different set of rules, so it is important to consult with an attorney about your next steps as soon as possible.
Your optimal pathway to compensation will depend on the specifics of your case. Bashein & Bashein’s Cleveland motorcycle accident lawyers can assist you in determining who is liable, explaining each possible litigation option, and strategizing your next steps.
What Compensation Can You Recover After a Motorcycle Accident?
A motorcycle accident can be very painful and very expensive. Many victims require extensive medical care for their injuries and may even develop long-term disabilities. The physical, emotional, and financial impacts can be difficult to bear alone.
Motorcycle accident claims allow you to recover monetary damages for any losses that you suffered in the collision. You can secure a settlement for the tangible, financial damages that you experienced, as well as your pain and suffering.
Below are a few examples of damages in Cleveland motorcycle accident claims:
- Medical expenses
- Physical therapy or rehabilitation
- Lost wages and loss of earning potential
- Mobility equipment
- Property damage
- Chronic pain
- Permanent disability
- Emotional distress
- Loss of quality of life
Can a Motorcyclist Be at Fault for an Accident?
In many motorcycle accidents, one party is clearly at fault for the collision. It is possible, however, that the motorcyclist may share responsibility for the accident—or is automatically assumed to be liable.
If an insurer believes that a motorcyclist is partially at fault, the company may deny the claim. During a lawsuit, Ohio’s comparative negligent rules will reduce the settlement by the motorcyclist’s percentage of fault.
For example, if a motorcyclist is found to be 40% at fault and claims a $100,000 settlement, the court will only award $60,000. If the court finds a motorcyclist to be more than 50% at fault, recovery is not possible.
Loud Pipes Save Lives … But They Can Also Hurt Your Case
Although loud pipes on a motorcycle can make it much easier for other drivers to know you are there and thus help you avoid accidents, loud pipes also introduce some problems when it comes to the court case.
In your case, the defendant will probably have witnesses who claim you were speeding, because they mistake the sound of loud exhaust pipes for speed.
We’ve seen this before and know how to effectively defend against it. We work with some of the top accident reconstructionists in the state and will use their knowledge to bolster your case.
Benefits of Hiring a Motorcycle Accident Lawyer
Motorcyclists can face significant challenges when filing an injury claim. It can be difficult to complete complex paperwork, gather evidence, or communicate with other parties while recovering from an accident. Additionally, motorcyclists may face bias from insurance providers, police officers, and even judges or jurors who automatically assume that they were at fault.
If you were injured in a motorcycle accident, it is important to ensure that you are treated and compensated fairly. In these situations, a Cleveland motorcycle accident lawyer can help. Your attorney will work to protect your best interests, handle all matters related to your case, and advocate aggressively for your highest possible award.
Hiring an attorney to represent your case can provide you with several benefits:
- Your lawyer will have the resources and time to conduct a full investigation into your collision, gather evidence, and craft a compelling case in your favor.
- Your lawyer will have years of experience representing motorcycle accident victims and will leverage this knowledge to support your claim.
- If you are suspected to be partially at fault for the collision, your lawyer will work to protect your claim and defend you against these accusations.
- Your lawyer can negotiate with insurance representatives on your behalf and evaluate any settlement offers that the company provides.
- Your lawyer will prepare you for each stage of your case and answer any questions or concerns that you may have about the process.
- If you are treated unfairly during your claim, your lawyer will aggressively defend your interests and hold the offending parties accountable.
Speak To An Attorney Today
Were you injured in a motorcycle accident? At Bashein & Bashein, our attorneys specialize in helping victims of these collisions recover fair compensation for their injuries. If someone else is responsible for your motorcycle accident, our lawyers can help you hold the motorist accountable.
They may not have seen you, but that doesn’t mean they don’t need to be held responsible for the damage they’ve done. Call 216-771-3239 or toll-free at 800-771-4457 now for a free consultation with an attorney.