Motorcyclists have every right to the road that drivers of passenger vehicles have. Only some drivers don’t recognize those rights. Careless or aggressive drivers – not to mention dangerous road hazards – can cause serious wrecks that severely injure or even kill motorcyclists. If you or a family member were in a wreck in Toledo, a motorcycle accident lawyer from Gallon, Takacs & Boissoneault will take you through the entire legal process to help you file a lawsuit and get the justice you deserve.
For more than 65 years, we have protected the rights of motorcycle accident victims throughout Northwest Ohio. These accidents can be deadly, and you need an experienced biker accident lawyer who understands the issues in proving your case to gain justice and compensation. For a free, no-obligation consultation about your case, contact us at 419-843-6663 or fill out our contact form.
How Drivers Cause Motorcycle Wrecks: How a Motorcycle Accident Lawyer Can Help Prove Your Case
There are a lot of things that can cause motorcycle accidents. Left-turn accidents are among the common causes. These occur when a driver turns left as a motorcyclist is heading straight through an intersection. The National Highway Traffic Safety Administration (NHTSA) reports that in 42 percent of fatal motorcycle accidents involving another vehicle in the U.S., the other vehicle turned left as the motorcycle was “going straight, passing, or overtaking other vehicles.”
Through our experience as motorcycle accident lawyers representing riders injured in accidents, we have encountered many other causes of motorcycle crashes, including defective bikes and parts. Other causes include cases in which the car driver:
- Tries to share a lane with the motorcycle
- Fails to check mirrors and blind spots and fails to see the motorcycle
- Doesn’t signal a turn or lane change while driving ahead of the motorcycle
- Tries to pass the motorcycle without leaving enough room
- Pulls out from a driveway in front of a motorcyclist
- Follows the motorcycle too closely
To be successful in your lawsuit against the negligent driver, you’ll have to present evidence of that driver’s fault. This might include police reports, eyewitness statements, accident reconstruction, photographs, etc. Our experienced motorcycle accident lawyers can assist you with these issues to gain the compensation and justice you deserve.
The Issue of Helmet Use – Does It Affect a Motorcyclist’s Liability?
In Ohio, you must wear a motorcycle helmet if you’re 17 or younger. Otherwise, you don’t. But be advised – your failure to wear a helmet might affect your lawsuit.
Ohio follows a modified comparative negligence law. You cannot collect damages from the other party if you’re more than 50 percent at fault for the accident. But even if you’re less than 51 percent at fault for the wreck, the damages you recover are reduced by your percentage of fault.
An insurance company or the defendant might argue that your failure to wear a helmet is indicative of your comparative negligence, particularly if you suffered a head or neck injury. So if you face a case like this, review the circumstances with a lawyer. Your motorcycle accident lawyer may present medical records or other evidence that proves that your helmet use did not affect your injury.
Damages for Your Motorcycle Accident
Because a motorcycle rider has only minimal protection, injuries can be severe, including broken bones, back and spinal cord injuries, paralysis, and serious head and brain injuries – some of which may be fatal. So victims and their families often suffer extensive losses and expenses. That’s why it’s so important to fully account for all of your short- and long-term damages when you file your lawsuit.
If you or a loved one is seriously injured in a motorcycle accident, you may be entitled to compensation for damages. Some of the expenses that can be recovered in a biker accident claim include:
- Medical expenses
- Disability and disfigurement
- Rehabilitation
- Lost current and future income
- Pain and suffering
- Punitive damages
Medical records, evidence of income, and other evidence can help you establish that you suffered these damages so you can collect a fair settlement or judgment.
The Motorcycle Accident Lawyers at Gallon, Takacs & Boissoneault Can Help You after a Motorcycle Accident in Toledo
Although nothing can take away your pain and suffering after a motorcycle accident, an experienced motorcycle accident lawyer from Gallon, Takacs & Boissoneault will work relentlessly to secure the compensation that you and your family need and deserve. For more than 65 years, we’ve helped victims in Toledo and the surrounding area in Northwest Ohio. If you need legal assistance with your motorcycle accident case, contact us today at 419-843-6663 or use our online contact form.
With a local personal injury attorney near you, help is just a phone call away.