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3 Types of Liability for a Motorcycle Accident in Hamilton, OH

— September 7, 2022

The main reason your lawyers will visit the crash site is to examine the state of the road. All motorists hate potholes, but for bikers, they can be lethal.

Hamilton, OH – Ohioans love motorcycles even though their passion for the open road can often cause severe injury or death. Ohio was ranked fourth for the highest number of motorcycle accident fatalities in the country. The top three positions were occupied by Florida, Texas and California, states with a considerably larger population than Ohio. Why does Ohio have so many motorcycle accidents, then? The answer can be found in another statistic in which Ohio ranks fourth for the states with the most motorcycle owners, over 400,000. 

More than half of all serious motorcycle accidents occur in and around urban areas, such as Hamilton where traffic is more intense than in rural areas.

Motorcycle accidents are more likely to result in severe injuries and death as the rider doesn’t have a metal frame to protect him. While injuries to the lower limbs are more frequent, head and neck trauma are the second most common type of injury in a motorcycle crash. And the most dangerous. If the rider makes it out alive, he or she may be left with catastrophic injuries and huge financial losses. As recovering damages from the insurance company is a complex process, the best thing to do is talk to an experienced Hamilton motorcycle accident lawyer as soon as possible. The most important thing a seasoned lawyer can do for you is to tell you how much your claim is worth and who may be liable for your damages.

How is liability determined in a motorcycle accident?

When someone is injured in a motor vehicle accident, they will have to file a personal injury claim or lawsuit to recover damages. All personal injury claims are based on proving that someone was negligent and your injuries were caused directly by their actions.

The other driver

Destroyed motorcycle; image by fsHH, via
Destroyed motorcycle; image by fsHH, via

Bike riders are often blamed for going too fast, not wearing a helmet, or being under the influence, which, in some cases, is true. However, in most motorcycle accidents it is the car driver who was responsible, not the rider. Distracted drivers who change lanes without looking out for bikers or make a turn right in front of a motorcycle are more often than not to blame for the crash. 

In such a case, your motorcycle accident lawyers will first examine the police report to see the official findings, but they will also talk to eyewitnesses, visit the scene of the crash to examine road conditions and traffic signs in the area, and find surveillance cameras that may have captured the accident.

All this is needed to prove that the other driver was responsible for the crash. If you can also be blamed for some traffic rule violation, your lawyers will have to negotiate your percentage of blame. Ohio uses a form of comparative negligence, which means that your damages can be reduced by a percentage corresponding to your share of the blame. Also, if your share of the blame is determined to be 50% or higher, you lose your right to recover damages.

Bike or protective gear manufacturer

Your lawyers might have to call in experts to have a look at your bike or your helmet to determine if it was faulty in any way and if this caused your injuries. Adult riders are not required to wear a helmet in Ohio, but when they choose to do so they do it because they hope it may save their life in the event of a crash. If the helmet had a defective design and you suffered significant head trauma, you may have a case against the manufacturer.

Local authorities

The main reason your lawyers will visit the crash site is to examine the state of the road. All motorists hate potholes, but for bikers, they can be lethal. Filing a lawsuit against the local government is not the easiest thing, but if you have sustained catastrophic injuries it is only right that they pay for your suffering. 

Attorneys Near Me

If you’re looking for an accident lawyer or need professional help with other legal matters, you may be wondering “Where can I find Attorneys Near Me?” Help is just a few clicks away. Just follow the link to go to the extensive database on Select the legal area you’re interested in, your state and your city, and schedule a free consultation with a trustworthy lawyer in your area. 

Bikers in the Hamilton area can always rely on the dedicated motorcycle accident lawyers at the Kruger & Hodges law firm, who have decades of experience dealing with accident claims. They will tell you how much your claim is worth and how you can recover damages.

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