Akron Motorcycle Accident Lawyer
Motorcycle accidents are devastating collisions that can cause life-changing physical and emotional injuries. If you or a loved one suffered an injury in a motorcycle accident, contact the attorneys at Elk & Elk for a free consultation in Akron, Ohio. Our Akron motorcycle accident lawyers stand with motorcyclists in the community and are committed to helping them pursue justice.
When to Contact a Motorcycle Accident Attorney in Akron
Working with a motorcycle accident attorney can make the recovery process easier for you and your family during a difficult time. While you focus on healing from serious injuries, such as broken bones, road rash or a concussion, your Akron personal injury lawyer can handle the legal process on your behalf. Your lawyer can investigate the wreck, collect evidence, file confusing paperwork, meet deadlines and negotiate your claim for you for the best possible results.
What Causes Motorcycle Accidents in Akron, Ohio?
Human error is the number one cause of motorcycle accidents in Akron, Ohio. When a driver makes a preventable mistake and this causes a motorcycle accident, the injured motorcyclist can hold the driver accountable. Common causes of motorcycle accidents in Ohio are:
- Distracted motor vehicle drivers
- Inattention
- Texting and driving
- Operating under the influence
- Tailgating
- Failing to yield the right-of-way
- Intersection accidents
- Left-turn accidents
- Running red lights or stop signs
- No-contact accidents
- Road defect accidents
If you’re not sure who or what caused your recent motorcycle accident in Akron, our attorneys can investigate. We can return to the scene of the crash, hire investigators and use other resources on your behalf, such as crash reconstruction experts.
Is Ohio a No-Fault State?
No, Ohio is not a no-fault state. Ohio uses a traditional fault-based insurance law, meaning the person at fault for causing your motorcycle accident is financially responsible. If a driver crashed into your motorcycle, for example, that driver must pay for your losses through his or her auto insurance coverage. It is up to you or your attorney to prove the driver’s negligence during an insurance claim or personal injury lawsuit.
How to Prove Negligence
Proving negligence is a requirement before someone else’s insurance company will pay for your losses. Negligence is carelessness that causes an injury to another person. Negligence can be challenging to determine and prove in some motorcycle accident cases. There may be multiple defendants involved, for example, or a liability dispute.
Your lawyer must provide evidence of four elements to prove another party is at fault:
- Duty of care
- Breach
- Causation
- Damages
The driver or party you are holding accountable must have owed you a duty of care at the time of your crash, or an obligation to act in a reasonable manner. The party must have breached the duty of care through an act of carelessness or recklessness and caused your motorcycle accident. Finally, the accident must have given you specific damages (losses) to qualify for compensation.
What If You Weren’t Wearing a Motorcycle Helmet?
Ohio law only requires motorcyclists under the age of 18, motorcyclists in the first year of obtaining their motorcycle licenses, and motorcyclists operating with temporary permits to wear helmets. If you were lawfully within your rights to not wear a helmet at the time of your motorcycle accident, the defendant most likely cannot use it against you.
If the law did require you to wear a helmet, however, a defense you might encounter is comparative negligence. This defense aims to reduce the defendant’s liability for your losses by blaming you for a portion of your injuries. This defense in Ohio could diminish your financial recovery by your degree of fault, up to 50 percent, if your injuries likely could have been prevented by wearing a helmet. Work with an attorney if you encounter this issue during your claim.
Get Answers to Your Questions for Free Today | Contact Elk & Elk
At Elk & Elk, our Akron, Ohio motorcycle accident attorneys are strong advocates for injured accident motorcyclists. Contact us today if you or a loved one has been injured in a motorcycle collision in Ohio. You will pay us no legal fees until our Akron motorcycle accident lawyers recover compensation for you.