Liability For Motorcycle Accidents: Who Is At Fault?

After a devastating motorcycle collision in Columbus, it is important to work with a Columbus motorcycle accident lawyer to determine who may be at fault so that you can file a claim for compensation. Fault depends on various factors and will be based on the specific circumstances of the crash in which you were injured.

Negligent Motorists Who Cause Collisions with Motorcyclists 

Motorcycle accidents involving other vehicles are frequently caused by negligent motorists, such as car or truck drivers who are distracted or intoxicated, or behaving aggressively on the road. There are various ways in which negligent motorists can cause collisions with motorcyclists, and it may be possible for an injured motorcyclist to file a lawsuit against the liable driver.

Motorcycle Designers, Manufacturers, or Retailers When Defects Cause Accidents 

Defects in motorcycles and other vehicles can result in motorcycle accidents in some cases. When these circumstances arise, an injured motorcyclist should work with a lawyer to determine whether a designer, manufacturer, or retailer of the defective vehicle part may be liable.

Property Owners When Crashes Result from Dangerous Premises 

Some motorcycle accidents result from hazards on premises. For example, a road might have several large potholes that the government might have failed to repair on a highway, or a local road in Columbus might contain debris after a storm that the city failed to clear. Most motorcycle accidents caused by premises hazards occur on public property, which means a claim would need to be filed against a government entity. It may be possible to file a claim if either the state or the city of Columbus was responsible, but you should seek advice from a lawyer to ensure that you meet the specific requirements for filing a claim against a government entity.

It is important to know that there is a ten-year statute of repose for some types of premises liability lawsuits in Ohio, which means that a motorcyclist who is injured because of certain defective road improvements may not be eligible to file a claim against the at-fault party if more than ten years have passed from the date the improvements were made. A motorcycle accident lawyer in Ohio can provide you with more information.

Comparative Fault and Negligent Motorcyclists

 Sometimes motorcyclists are fully or partially at fault for collisions. Under Ohio law, a motorcyclist can file a lawsuit and recover damages as long as the motorcyclist is not 51 percent or more at fault according to Ohio’s modified comparative fault rule. As long as the motorcyclist is less than 51 percent at fault, the motorcyclist’s damages award will be reduced by their percentage of fault. Once a motorcyclist is 51 percent or more at fault, that motorcyclist cannot recover.

Contact a Motorcycle Accident Attorney in Columbus 

If you were injured in a motorcycle accident, you should work with a Columbus motorcycle accident attorney to determine which party or parties may be liable for your injuries. One of the injury lawyers at the law firm of Brian G. Miller CO., L.P.A. can assist you.

Sources:

city-attorney.columbus.gov/claims-fileaclaim.aspx

codes.ohio.gov/ohio-revised-code/section-2305.131

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