Weisensell, Mastrantonio & Orlando, LLP.
  1. Home
  2.  » 
  3. Personal Injury
  4.  » Recovering damages after a motorcycle accident

Recovering damages after a motorcycle accident

On Behalf of | Aug 17, 2023 | Personal Injury

According to the Ohio State Patrol, nearly 19,000 accidents in Ohio from 2018 to 2022 involved a motorcycle. Many of these accidents are caused by negligent drivers or negligent motorcyclists. Common motorcycle accident causes include:

  • Alcohol/drug intoxication.
  • Excessive speed.
  • Failure to pay attention/distracted driving.
  • Poor roadway conditions.
  • Vehicles turning left into incoming motorcycles.
  • Unsafe switching of lanes.

Motorcyclists who suffer injuries in a motor vehicle accident may recover damages from the at-fault driver and other responsible parties by filing a negligence claim. Generally, to recover damages for negligence in Ohio, you will have to establish that the party you are suing:

  • Owed you a duty of care.
  • Breached the duty of care owed to you by breaking a law or operating their vehicle in an unsafe manner.
  • Caused the accident by breaching their duty.

You will also have to show that you suffered injuries and damages as a result of the accident.

What damages can I recover?

The damages you recover can be economic and non-economic in nature. Economic damages generally refer to damages that are tangible (provable with invoices, receipts, etc.), whereas non-economic damages are more intangible (often established through expert testimony).

  • Economic damages: Medical expenses, lost wages, etc.
  • Non-economic damages: Pain and suffering, mental anguish, etc.

What is comparative negligence?

If you are found to be partially liable for your own accident, you can still recover compensation as long as you are found to be 50 percent or less at fault for the accident, pursuant to Ohio’s comparative negligence laws. The damages you receive will be reduced pursuant to the percentage of fault attributed to you.

Motorcycle accidents are often more likely to result in severe injuries and fatalities than accidents that solely involve passenger vehicles. If you have suffered injuries in a motorcycle accident, you may file a personal injury claim to recover compensation for your injuries.