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How Fault is Determined in a Motorcycle Accident in Ohio

By Candace Kim-Knox • 31 Aug, 2023
Riding a motorcycle is exhilarating and liberating. No other vehicle can give you the same sense of freedom and excitement. However, as a rider, you are more vulnerable to serious injury in the event of an accident. Being aware of fault and liability can be critically important in the aftermath of a motorcycle accident. In this blog, we are going to explore how fault is determined in a motorcycle accident in Ohio. Whether you are a seasoned rider or a beginner, understanding this topic can help protect you and your loved ones in the event of an accident. Ohio is a “fault” state, which means that the at-fault driver is responsible for any damages or injuries that result from the accident. If you are involved in a motorcycle accident, fault will be determined by the insurance company of the at-fault driver. Insurance adjusters will investigate the circumstances of the accident, gather evidence, and determine who was at fault. This is why it is important to gather as much evidence as possible at the scene of the accident, such as witness statements, photographs, and police reports. Ohio follows a modified comparative negligence rule, which means that even if you were partially at fault for the motorcycle accident, you can still recover damages. However, your damages will be reduced by your percentage of fault. For example, if you were awarded $100,000 in damages but found to be 25% at fault, your award would be reduced to $75,000. It is important to note that if you are found to be 51% or more at fault, you will not be able to recover any damages. It is important to understand that fault can also be shared among multiple parties. For example, if a motorcyclist was speeding and a car made a left-hand turn in front of them, both parties may share fault for the accident. In this case, the damages would be split between the parties according to the percentage of fault assigned to each of them. Another important factor in determining fault is whether or not the injured party was wearing a helmet at the time of the motorcycle accident. Ohio law requires all riders to wear a helmet, and failure to do so can result in a citation and fines. If you were not wearing a helmet at the time of the accident, your damages may be reduced or denied altogether, even if the accident was not your fault.  Understanding fault in a motorcycle accident in Ohio can be complex, and it is important to consult with an experienced attorney if you have been involved in an accident. At the law firm of ABC, we have decades of experience representing clients in motorcycle accidents and a proven track record of success. Whether you are seeking a fair settlement or preparing for trial, we are here to help you every step of the way. Contact us today for a free consultation.

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01 Dec, 2022
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When to Get an Attorney for a Car Accident in Ohio

By Candace Ann Kim-Knox • 09 Oct, 2022
When to Hire a Car Accident Attorney in Ohio The aftermath of a car accident is an overwhelming and often emotional situation. Depending on the severity of your injuries and the damage to your car — as well as the other parties involved — you may be wondering whether or not you should hire an attorney. Keep reading to learn more about when to get an attorney for a car accident in Ohio. How to Know When to Hire an Attorney After a Car Accident If you’re debating whether or not to contact an attorney, here are a few questions to ask yourself: How Serious Are Your Injuries? Did you have to take an ambulance to the hospital? Did you have delayed injury symptoms that required a visit to the emergency room or doctor? If you answer “yes” to either of those questions, you probably sustained serious injuries. These injuries can often cause people to miss work and rack up hefty medical bills. In these situations, it’s important to speak with an attorney who can help you navigate seeking compensation for your injuries and lost time at work. What/Who Caused the Accident? If the accident was clearly the fault of you or another party, it’s important to speak with an attorney. You can easily determine who was at fault based on who the responding police officer issued a ticket to. Or, perhaps the other party said, “I’m so sorry! This was all my fault!” That’s considered admitting fault, and an attorney can help you file a claim to seek compensation in these cases. If you were the one who admitted fault or received a ticket, an attorney can help you protect yourself by building a strong case in your defense, mitigating the amount of damages you have to pay. Even if it’s unclear who or what caused the accident and nobody admitted fault, an attorney is still helpful in investigating the accident and compiling evidence to help support your case and protect you. Why Hire an Attorney After a Car Accident? If you've been in an accident that caused injury in Ohio, there are several reasons you should hire an attorney, including: Delayed Symptoms Often in car accident cases, people can be seriously injured and not even realize it. After an event like a car accident, the body releases a lot of adrenaline, which can make us not pay attention to our injuries. This means that you could be injured, but you may tell the responding officer that you are fine because you don’t notice any symptoms in the aftermath of the accident. When you get home, you may notice your neck is stiff and your head is throbbing. Now what? You need an attorney. Some injuries may also take days or even weeks to start showing symptoms. This is why we recommend everyone get checked out after an accident by a medical professional because these delayed injuries can cause insurance companies or opposing counsel to downplay or deny your claims. Your attorney will protect your rights and fight for what you deserve. A Thorough Investigation Car accident attorneys are skilled investigators. They are experienced at requesting car accident reports, finding and interviewing witnesses and video evidence, examining the wreckage of the accident, and much more. All of this evidence they gather can then be used to build a strong case in your favor. Identify Liable Parties It’s not always the at-fault driver who is the only person that caused an accident. Some accidents are far more complex. Other parties who may be responsible include: Auto part manufacturer (if the accident is caused by a vehicle defect) The at-fault driver’s employer (if the crash happened while they were on the clock and/or driving a company vehicle) The owner of the vehicle (who may be different from the person who was driving at the time of the accident) A car accident attorney can identify and find all liable parties and hold them responsible. Claim Value Anyone who’s been in an accident or has worked with an insurance company on any matter knows that insurance companies are out to protect their bottom line and are looking for any reason to reject claims, even from people who are seriously injured. Qualified attorneys don’t rely on the insurance adjusters and know how to accurately calculate the costs — including all past, current, and long-term costs — associated with the accident. The Benefits of Hiring an Attorney After a Car Accident There are several benefits of hiring an attorney after a car accident in Ohio, including: Having a Knowledgeable Professional By Your Side You may be feeling overwhelmed or traumatized after your accident, and the thought of dealing with legal proceedings is too much to handle. This is where an experienced and skillful attorney comes in. All you have to do is sit back and speak with your attorney while they do the heavy-lifting of filing motions, compiling evidence, and pleading your case to advocate for you. Your attorney will handle all aspects of your case, from calling the insurance company to talking with opposing counsel and other people and parties involved. This frees you up to focus on seeking any medical attention you may need, including physical therapy and getting back to your daily routine. Negotiate a Settlement Lawyers are skilled negotiators. Your lawyer will prepare your claim and then work diligently to negotiate a settlement that’s in your favor. They will take several factors into consideration during these negotiations, including all damages sustained in the accident, such as: Medical expenses and future medical treatment needs Lost wages Pain and suffering Any other income that is lost from the accident’s residual effects Property damage Representation in a Lawsuit Not all car accidents will escalate to a lawsuit. But if yours does, there is no better protection than having an attorney on your side. During this process, your attorney is responsible for proving your case to a jury. Nothing will provide you with more peace of mind during this process than knowing an experienced attorney is at the helm. This is another reason finding an experienced and skilled attorney to work with is so important. If you’ve recently been involved in a car accident in Ohio, don’t wait any longer. Contact an attorney today to start seeking the compensation you deserve.

Filing a Wrongful Death Lawsuit in Ohio

By Candace Kim-Knox • 26 Aug, 2022
According to Ohio's laws, wrongful death is any death caused by another person's wrongful or deliberate act or neglect. Since the person who is the victim of the wrongful death cannot sue, someone else — such as family member designated as a legal representative — makes the claim on their behalf. Wrongful death cases can be complex because you need to prove that a defendant caused the death and that it led to financial or other hardship for the surviving family members and dependents. These cases can cover a wide range of situations, from road accidents to workplace fatalities to malpractice by a medical professional. It is essential to have a lawyer experienced in wrongful death litigation to guide you through the process to ensure that you have the best chance of receiving a fair judgment at the end of the case.  Here is a closer look at the details of wrongful death lawsuits in Ohio. Who can file a wrongful death lawsuit? Ohio law states that a wrongful death lawsuit can only be filed by the deceased person's legal representative. This may be a spouse, a parent, a child, a lawyer, a financial advisor, or another representative of their estate. In many cases, the deceased person did not yet choose someone to handle their affairs. When this happens, a probate court decides who will oversee the late person's estate and manage a wrongful death lawsuit. What types of incidents qualify for a wrongful death lawsuit? You can make a wrongful death claim in Ohio when someone caused the death of your family member or loved one. One way to think about these cases is that if the deceased person had survived, they would have launched a personal injury lawsuit against the defendant. Here is a look at some of the most common types of wrongful death cases. Malpractice by medical professionals . These wrongful death cases can include nursing home abuse, prescription drug mistakes, and other types of medical errors that caused the death. Manufacture of defective and harmful products by a company . In these cases, a product may directly cause the death or put the person in a fatal situation, such as the loss of control of a defective car or a house fire caused by a faulty appliance. Dangerous driving by an individual . These cases often come from fatal accidents caused by drunk, aggressive, and distracted driving. Workplace fatalities from unsafe conditions . These cases involve death due to hazardous working environments and conditions. You typically need to prove that the conditions were dangerous or the deceased person did not receive proper safety training or protective equipment. You can file a lawsuit in other situations as long as the death was caused by the wrongful or negligent actions of another person. An experienced wrongful death attorney can tell you if filing a lawsuit is the best course of action. What types of damages can you get? Wrongful death lawsuits are not criminal cases, so the defendant will not get a prison sentence. However, the court can make them pay financial damages and levy other penalties. For instance, you can sue to recover financial losses incurred as a result of the death. These expenses may include medical costs and burial and funeral fees. Ohio law allows families to seek damages for economic and non-economic losses from a wrongful death. Here are some examples of these damages. You and family members and loved ones can pursue damages for the emotional and mental pain and anguish caused by the death. Family members may be able to claim damages for the loss of companionship, assistance, care, guidance, instruction, attention, protection, and education. Such cases may involve the death of a father or mother who was working to provide for their children and pay for their education. The defendant may be liable for all these costs. Family and other dependents can sue for the loss of financial support. In these cases, they will ask the court to require the defendant to replace the deceased's earning capacity and regular income. If the deceased person cared for children or elderly relatives, the lawsuit could claim damages related to the loss of household and child care services. In some cases, you may be able to claim a loss of future inheritance as a result of the expected contribution by the deceased. Such damages are awarded to the family members of the deceased individual, including the spouse, children, parents, siblings, or other legal dependents. How long does a wrongful death case take? The duration of wrongful death lawsuits depends on a variety of factors. These include how difficult it will be to prove wrongdoing and whether or not the defendant is willing to settle the case before it reaches court. Settling out of court usually takes less time than going to trial. Even if you get a favorable verdict, the defendant may choose to appeal, which could stretch the case out even longer. The best way to estimate the length of your wrongful death case is to discuss the specifics with an experienced Ohio attorney. One timing issue you need to be aware of is the statute of limitations. In Ohio, you have a maximum of two years from the death of your loved one to file the claim. This deadline may be extended in some cases where you did not know that a wrongful act caused the death. If this applies to your case, then you have two years from the date that you discovered that the death was wrongful. This may happen if you need an investigation or autopsy to ascertain the cause of death. What do you have to prove in a wrongful death case? A wrongful death lawsuit is a civil case rather than a criminal one. The burden of proof is significantly lower, and the defendant does not have to be found guilty beyond reasonable doubt to be liable for paying damages. The family of the deceased individual must however prove that the death of their loved one was caused either in whole or in part by the recklessness, carelessness, and negligent actions of the defendant. If you need assistance with a wrongful death lawsuit, you should speak with a qualified Ohio attorney who has worked on similar cases in the past. This will give you the best chance for a positive outcome to the lawsuit.
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