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Columbus Personal Injury Attorney > Blog > Motorcycle Accident > How To Prove You Weren’t at Fault for Your Motorcycle Accident

How To Prove You Weren’t at Fault for Your Motorcycle Accident

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If you were injured in a motorcycle accident in Ohio, it is understandable if one of your main concerns right now is recovering compensation for your injuries and damages. Under Ohio’s contributory or comparative negligence law, you can recover compensation in a motorcycle accident claim even if you were partially at fault for your accident. However, if you were partially at fault for your accident, your compensation will be reduced based on your percentage of fault. If it is not clear if the other driver caused your accident or if the other driver is putting some blame on you, it is crucial that you know how you can prove you were not at fault. Proving you were not at fault is vital for securing fair compensation for your injuries and damages. In this article, we discuss crucial steps for proving you weren’t at fault for your motorcycle accident.

Comparative Negligence in Ohio

As mentioned in Ohio, you can still recover compensation in a motorcycle accident claim even if you are partially at fault. However, if you are partially liable, your compensation will be reduced by your percentage of fault. For example, if you are 30% at fault and the other driver is 70% at fault, you will receive 70% of the total value of your claim. It is vital to note that under Ohio’s contributory or comparative negligence rule, you cannot recover compensation in a motorcycle accident claim if you are more than 50% at fault.

Proving You Weren’t at Fault for Your Motorcycle Accident

After being in a motorcycle accident that was not your fault but that happened because of another driver’s negligence, you need to be able to prove that the other driver was entirely responsible for your accident to ensure you receive the total value of your claim. The following are two key steps to demonstrate that you were not responsible for your accident;

Gather and Preserve Documents and Evidence

Gathering and preserving evidence helps prove liability in a motorcycle accident case. You need evidence showing you were not liable for your accident or supporting your version of events. The following are some pieces of evidence that can help you prove the other driver’s liability:

  • Police report: The police report pertaining to your motorcycle accident is a factual summary of your accident. This report can provide valuable information, including witness statements and the officer’s initial conclusions about fault.
  • Witness statements: Statements from people who were present at the accident scene can help corroborate your version of events.
  • Pictures and videos: Pictures and videos taken at the accident scene can help reconstruct the accident and establish fault.
  • Your motorcycle: The damage to your motorcycle can provide insight into how the accident happened.
  • Expert testimony: Accident reconstruction experts, for example, can reconstruct the accident and explain how it occurred.

Hire an Attorney

An experienced attorney can provide valuable assistance. They can help you gather, preserve, and present evidence. They can advocate for you and strive to secure a successful outcome.

Contact Our Columbus Motorcycle Accident Lawyers

Need help proving liability in your motorcycle accident case? Contact our skilled Columbus motorcycle accident attorneys at the law firm of Brian G. Miller CO., L.P.A.

Source:

codes.ohio.gov/ohio-revised-code/section-2315.33

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