Motorcycle Accident Lawyer in Kettering
If you or someone you love was recently injured in a motorcycle accident in Kettering, Ohio, you most likely have a lot of questions. The Ohio personal injury attorneys at Elk & Elk are here for you in your time of need.
We provide high-quality legal representation to individuals and families during motorcycle accident claims. Contact our motorcycle accident lawyers today for a free consultation.
Do You Need an Attorney in Kettering, Ohio?
It is important to hire a motorcycle accident attorney to represent you during a claim in Kettering. Without a Kettering personal injury attorney, you may be at risk of insurance bad-faith tactics, such as the adjuster undervaluing your injuries or wrongfully denying your claim. With an attorney representing you, however, an auto insurance company will have no choice but to treat you fairly.
Just as importantly, a motorcycle accident attorney can provide mental and emotional peace of mind for you and your family members. Having a lawyer represent you can allow you to focus on healing without the stress of a legal battle on your shoulders. Your lawyer can handle insurance negotiations or a personal injury trial for you.
What Are the Most Common Causes of Motorcycle Wrecks?
Motorcycle accidents occur in Ohio almost daily. The vast majority of these collisions are directly related to negligence. Negligence in personal injury law is carelessness that causes harm or injury to someone else. Negligence is behind the most common causes of motorcycle accidents in Kettering:
- Driver distraction or inattention
- Texting and driving
- Drunk driving
- Reckless driving
- Driving too fast for conditions
- Breaking roadway rules
- Failing to yield
- Making unsafe lane changes
Since Ohio is a fault-based car insurance state, the party at fault for causing your motorcycle accident will have to pay for your medical bills and property repairs. Before you can file an insurance claim, however, you or your lawyer will need to determine the cause of the crash.
What Is a No-Contact Motorcycle Accident?
A no-contact motorcycle accident describes a special type of crash in which a motor vehicle driver could be responsible for your losses even if his or her vehicle never touched your motorcycle.
A no-contact motorcycle accident occurs when a driver does something that forces a motorcyclist to veer off course to avoid a collision. Even though the two vehicles never actually touch, the driver could be liable if his or her negligence forced the motorcycle into a single-vehicle collision.
What if You Were Not Wearing a Helmet?
Ohio law only requires motorcycle helmets in three scenarios: the motorcyclist is under the age of 18, the motorcyclist has a novice license or the person is a motorcycle passenger. If you were legally required to wear a motorcycle helmet but were not wearing one at the time of the accident, the defendant could use this against you to limit your financial recovery.
You could still, however, be eligible for some compensation. If you were within your legal rights not to wear a helmet, this is not a usable defense, in most cases. Note that the helmet defense is only viable if a helmet reasonably would have prevented your injuries.
How Long Do You Have to File a Claim in Ohio?
In Ohio, the statute of limitations on motorcycle accident claims gives you no more than two years from the date of your collision to file a personal injury lawsuit. Your deadline may be longer if you do not discover your injuries immediately, or it may be shorter if you are bringing a claim against the government. Discuss your exact deadline with an attorney as soon as possible to make sure you file on time.
Learn More During a Free Consultation | Contact Elk & Elk Today
These are some of the most frequently asked questions about motorcycle accidents we receive at Elk & Elk. For information regarding your specific motorcycle accident claim, request a free consultation in Kettering, Ohio today. We can help you and your family get the answers and information you need to move past a traumatic motorcycle accident. Call 1-800-ELK-OHIO (1-800-355-6446) or contact us online today.