Unfortunately, an Ohio motorcycle rider often pays a higher price for being in a motorcycle accident in Ohio than does the driver of a passenger car or truck. According to the National Highway Traffic Safety Administration, a motorcycle rider is about 35 times more likely to be killed in an accident than someone occupying a passenger car in the same crash. If you are hurt or a loved one is killed in a motorcycle crash caused by someone else, the Cleveland motorcycle accident lawyers at Rubin Guttman & Associates will work very hard to get you what you deserve.
Claims Arising from Motorcycle AccidentsMany motorcycle accidents also involve another vehicle and quite often, that car driver's negligence is what harms the motorcyclist. In other cases, there are accidents that appear to involve only the motorcycle but in fact are caused by defects in the road, bad roadway design or signage, construction related hazards, or even debris which has fallen off a truck
To establish another driver's negligence, a motorcycle accident attorney in Cleveland will need to prove that the other driver drove negligently. Negligence means a breach of the obligation to use reasonable care when driving, such as when a driver fails to pay attention, tries to improperly pass a motorcyclist, speeds, tailgates, texts while driving, drives drunk, or fails to obey traffic signals and rules and that negligence is the cause of your accident and injuries. Sometimes drivers of larger vehicles, especially semi-tractor trailers may drive aggressively or fail to spot a motorcyclist while turning at an intersection and this may cause truly catastrophic injuries.
The Federal Highway Administration’s Construction Program Guide details many of the construction standards for highway design and construction, including lane width, bridge abutment standards and others. Likewise, the Ohio Department of Transportation has standards for where signs must be placed to help ensure safety and many larger counties have supplements to the Ohio Department of Transportation Traffic Engineering Manual which set standards for the placement of traffic signals, stop signs and the like. When those standards aren’t followed, the county or the city may be liable for its part in causing your motorcycle accident related injuries. As experienced Ohio personal injury lawyers, Rubin Guttman & Associates knows how to find and hire the right roadway design engineers, accident reconstructionist and others necessary to prove your case.
Sometimes it can be hard for motorcycle riders in an accident to get a fair shake. There tends to be a bias against motorcyclists among insurance adjusters and even judges and juries, so it is critical to retain an attorney who believes in motorcycle rights and can tell your story in a compelling way. Defense lawyers and insurance adjusters for the driver of a larger vehicle will look for ways in which to make the accident seem like it was your fault. The lawyers will build on jurors’ prejudices, which may make them suspect that the accident was your fault just because you were on a motorcycle when you were hurt, and insurance adjusters know this. So you need a lawyer who believes in your right to be on a bike and who will fight this prejudice alongside you.
Ohio follows the rule of modified comparative negligence. The jury will evaluate the evidence and arguments for both sides and assign each party a percentage of fault. Your total damages will be reduced by an amount proportionate to your percentage of fault. However, if you are deemed more than 50% at fault for the accident, you cannot recover any damages. This makes it vital to consult a Cleveland motorcycle accident attorney before talking to an adjuster for any party involved in the case.
Compensatory damages that may be available once you establish liability include medical expenses, lost income, replacement services, pain and suffering, mental anguish, disfigurement, and loss of consortium. Many motorcycle collisions result in catastrophic injuries to the motorcycle rider or her passenger.
Discuss Your Options with a Motorcycle Accident Lawyer in ClevelandMotorcycle accidents can have tragic consequences for people who operate or ride on a motorcycle. There is nothing that creates a buffer between people on the motorcycle and the force of a collision with a larger vehicle. If you were injured or a loved one was killed in a crash, it is important to retain an experienced attorney who knows how to prove your case and tell your story in a compelling way. While the people in the larger vehicle may be left without any injuries, your life may be completely transformed by a collision. You can call Rubin Guttman & Associates at (216) 696-4006 or (888) 488-8529, or contact us online to arrange a free consultation. We will arrange a time and place to meet that suits your needs. Russian, Hebrew, and Spanish language services are available by appointment.