Fault is proven in a motorcycle accident by gathering and analyzing evidence such as police reports, witness testimonies, and accident scene details to determine negligence.
In Ohio, comparative negligence laws also play a role in deciding who caused the crash and will have to pay for the injured parties’ damages.
Working with our Toledo motorcycle accident lawyers means you will have an experienced legal professional who will build your case and work to get financial compensation so you can recover from the accident.
Steps in Determining Who Caused a Motorcycle Accident
In Ohio, determining who caused a motorcycle crash often requires authorities to analyze evidence to establish which party was negligent.
All the following can be reviewed:
- Police reports: Law enforcement officers responding to the scene usually prepare an accident report. This document may contain observations, witness statements, and sometimes an initial determination of fault.
- Eyewitness testimonies: Statements from people who saw the accident can provide critical information about how it happened and who was responsible.
- Photos and videos: Pictures of the accident scene, vehicle damage, and road conditions help show what happened. Dashcam or security camera footage can also give a clear view of the accident.
- Traffic law violations: The actions of all parties are compared against Ohio traffic laws. Violations, such as speeding, failing to yield, or running a red light, can indicate fault.
- Accident scene evidence: Evidence like skid marks, vehicle damage, debris, and the final positions of the vehicles can be analyzed to reconstruct the accident.
- Expert testimony: Accident reconstruction specialists may be called to provide professional opinions based on evidence like vehicle damage, speed calculations, and road conditions.
- Weather and road conditions: External factors, such as poor weather or hazardous road conditions, can also play a role in determining fault.
Proving fault requires a thorough investigation. If you’ve been involved in a motorcycle accident in Ohio, our lawyers can help protect your rights and pursue the compensation you deserve.
For a free legal consultation, call (419) 930-3030
Factors Affecting How Fault Is Determined
Several factors can make it harder or easier to figure out who is at fault:
Road and Weather Conditions
Rain, snow, or icy roads can make driving more dangerous. Sometimes, accidents happen because of poor road maintenance, like potholes or missing signs.
Mechanical Failures
Faulty brakes, broken lights, or other mechanical issues can contribute to a motorbike crash. These problems may be the driver’s responsibility or the fault of a manufacturer.
Driver Distractions
Texting, eating, or driving under the influence of drugs or alcohol are common reasons accidents happen. Distracted or impaired drivers are often held at fault.
Personal Injury Lawyer Near Me (419) 930-3030
Understanding How Comparative Negligence Works in Ohio
Ohio follows a “modified comparative negligence” rule, which is outlined in Ohio Revised Code § 2315.33. This means if both drivers share some blame for the crash, the court will decide who is more at fault.
If you are 50% or less at fault, you can still get compensation for your losses. However, your payment will be reduced by your share of fault. For example, if you are 20% at fault and your damages are $10,000, you will receive $8,000.
If you are found to be more than 50% at fault, you cannot receive any compensation. That’s why proving fault is so important in Ohio motorcycle accidents.
How Our Firm’s Motorcycle Accident Lawyers Can Lead Your Case
Many motorcycle accident victims suffer serious injuries that can keep them from focusing on bringing an insurance claim or lawsuit to recover their damages. This is where our Toledo personal injury lawyers come in.
Our team understands how motorcycle accidents are different from typical passenger car accidents. We have years of experience handling these specific cases and will seek the most favorable outcome for you.
We can lead your case by:
- Gathering case evidence: We know what evidence to look for during our investigation into what happened. The evidence may include police reports, videos, and witness statements.
- Identifying all liable parties: We will review the accident to determine every party that may be responsible, including other drivers, vehicle manufacturers, or even government entities responsible for road maintenance.
- Assessing your damages: We will evaluate all the ways the accident has impacted your life, including medical bills, lost wages, property damage, and pain and suffering, to calculate a fair value for your case.
- Dealing with insurance companies: Insurers care about their bottom line, not whether you receive the money you need to recover from the accident. As a result, they may try to reduce your payout. We will negotiate with them for the award you deserve.
- Handling comparative negligence issues: We’ll fight to lower your percentage of fault so you can receive the highest possible compensation.
- Taking your case to court: If we cannot settle your case outside of court, we can file your lawsuit and represent you in court. This includes presenting evidence, questioning witnesses, and advocating for the compensation you deserve before a judge or jury.
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Common Challenges in Proving Fault in a Motorcycle Crash
While it may seem like motorcycle crashes are straightforward cases, they can run into hurdles when it comes to proving who is held liable.
All of the following can become challenges in your case.
- Disputes over liability: Drivers may blame each other, making it hard to determine who was truly at fault.
- Lack of evidence: If there are no witnesses or clear evidence, it becomes harder to prove what happened.
- Insurance tactics: Insurance companies may argue that you were at fault to reduce or deny your claim.
Our team can prepare for these and other challenges that may arise in your case. We will fight for you and handle all talks with adjusters to protect your case.
What to Do After a Motorcycle Crash
If you’ve been in a motorcycle accident, here’s what you should do:
- Seek medical attention: Your health comes first. Get checked out, even if you don’t feel injured right away. Keep track of your medical records, which will prove you received medical help soon after the crash, and follow all treatments your doctor prescribes to you.
- Document the scene: Take pictures of the accident, your injuries, and any damage. Write down what you remember while it’s fresh.
- Contact our firm for help: Call our Toledo team as soon as possible. We’ll advise you on the legal process your situation involves and protect your rights as we seek financial awards for you.
We Can Help Prove Fault in Your Motorcycle Accident
Proving fault in a motorcycle accident is important because you must establish who caused the crash before pursuing compensation for your losses. For over a combined 100 years, Groth & Associates has helped injured clients pursue financial recovery from the negligent parties in their cases.
We can lead your case while you recover from the accident. Call us today for a free consultation so we can learn about your situation and advise you on your next steps and how we can help.
Call or text (419) 930-3030 or complete a Free Case Evaluation form