When seeking compensation for motorcycle accident injuries, proving that the other party is at fault is critical. In Ohio, this is typically done through in-depth investigation, careful evidence collection, and sometimes expert testimony.
If you want to build as strong a case as possible, you need to know how fault is determined in motorcycle accident cases, what kind of evidence you can gather, and what legal assistance is available.
Understanding Ohio’s Comparative Fault Rule
Ohio follows a “comparative fault” system, which means you can still seek compensation in a motor vehicle accident even if you are as much as 50% at fault. However, your compensation will be reduced by the percentage of your fault.
For example, if your compensable losses were $100,000 and your fault was 50%, the $100,000 would be reduced to $50,000.
If you’re determined to be more than 50% responsible for the accident, you are barred from recovering any compensation. That’s why it’s critical to leave no stone unturned when investigating the accident and uncovering evidence that can help prove the other party’s fault.
Key Factors Used to Determine Fault in OhioÂ
Determining fault in a motorcycle accident generally requires a combination of photo and video evidence, official documentation, and testimony. This could include:
- Police Reports: These documents contain key information about the accident including names, dates, times, statements from involved parties, citations issued, accident analysis, vehicle damage, and an initial fault assessment.
- Accident Photos and Videos: Photo and video evidence of the accident scene can show the position of the vehicles, their damage, accident debris, skid marks, road and weather conditions, and traffic signs and signals. This may help clarify how the accident occurred and who was responsible.
- Eyewitness Testimony: Accounts from people who witnessed the crash can offer critical details and lend credibility to your version of events. They may have seen the other driver speeding, looking at their phone, or driving recklessly before the crash, which could go a long way towards determining fault.
- Traffic Camera or Dashcam Footage: Video of the accident in action can be among the most compelling evidence available. This clear, unbiased depiction of what happened can either confirm or refute the accounts offered by the involved parties.
- Accident Reconstruction Experts: For complex cases, an accident reconstruction expert can sometimes be called in to analyze the crash. These professionals use physical evidence to recreate the accident, determine how it likely occurred, and assess who is at fault.
How a Lawyer Can Help Prove Fault
Establishing fault in a motorcycle accident on your own can be challenging, particularly when the other party denies responsibility or multiple vehicles are involved. An experienced motorcycle accident attorney can play a critical role in gathering and presenting the evidence you need to build a strong case. Here’s how your attorney can help:
- Conducting a Thorough Investigation: Your attorney will investigate the accident scene, review the police report, gather physical evidence, and speak with witnesses. This independent review can uncover details that insurance adjusters or law enforcement may have overlooked.
- Preserving and Collecting Evidence: Some evidence—such as surveillance footage and skid marks—is time sensitive. Your attorney can act quickly to acquire or document this evidence before it’s lost or destroyed.
- Working with Experts: Legal teams often work with accident reconstruction specialists, medical professionals, and other experts who can offer unique insight and lend significant credibility to your case.
- Challenging Insurance Companies: Insurance companies are highly skilled at shifting blame, downplaying injuries, and minimizing payouts. An experienced attorney knows how to counter their tactics, whether at the negotiating table or in the courtroom.
Contact a Motorcycle Attorney Today
Flickinger Legal Group proudly protects the rights of Ohio motorcycle accident victims as they seek justice and fair compensation for their injuries. We have 30 years of experience in determining who was responsible for an accident and proving it with strong evidence. We’ll fight for your rights while you focus on recovery. Contact us today for your free consultation.