Overcoming Allegations of Contributory Fault After a Motorcycle Accident in Ohio
When you file an insurance claim for a motorcycle accident, there is a good chance that the insurance company will blame you for your own injuries. This is common practice, as many people – insurance adjusters included – assume that motorcycle riders are risk-takers who are willing to put themselves in harm’s way. If this happens to you, what do you need to know? Columbus personal injury attorney James Malek explains:
Why Fault Matters When You Have a Motorcycle Accident Claim
First, it is worth discussing why fault matters when you have a motorcycle accident claim. In Ohio, an insurance company is only liable for the costs of an accident if it insures the motorist who was at fault. Just because you were involved in an accident with another vehicle does not automatically mean that you have a claim under the driver’s insurance policy. You must be able to prove that the driver caused the accident in order to hold the driver’s insurance company financially accountable.
Understanding Ohio’s Law of “Modified Contributory Fault”
But, what if the other driver was only partially at fault in your collision? This is where Ohio’s “modified contributory fault” law comes into play.
Under this law, you are entitled to partial compensation as long as you were not 51 percent or more at fault in your accident. If you were 50 percent at fault, you are entitled to recover 50 percent of your losses. But, if you were 51 percent at fault, you are not entitled to recover anything.
You can see why it is advantageous for the insurance companies to blame you for your own injuries—and why you must be prepared to overcome allegations of contributory fault when you file your insurance claim. Regardless of the circumstances involved in your accident, you cannot take your financial recovery for granted. You need to be prepared to fight for just compensation, and this includes being prepared to present evidence that proves the driver’s (or a third party’s) liability.
Protecting Your Legal Rights After a Motorcycle Accident in Ohio
With all of this in mind, what should you do to protect your legal rights after a motorcycle accident in Ohio? Once you seek medical attention for your injuries, your next step should be to consult with a Columbus personal injury attorney. You will need to hire an attorney to conduct an investigation and gather evidence of liability, and you will want an attorney to deal with the insurance companies on your behalf. Your attorney can also help accurately calculate the long-term costs of your motorcycle accident and make sure you don’t unknowingly settle for less than you deserve.
Request a Free Consultation with a Columbus Motorcycle Accident Attorney
To get help with your motorcycle accident claim, schedule a free, no-obligation consultation at Malek & Malek Law Firm. Call 888-444-7440 or contact us online to speak with a Columbus personal injury attorney in confidence as soon as possible.