Motorcycle accidents ending in injury are quite often a serious matter. If police officers are called to attend the scene, they may be reluctant to cite the driver in situations where sufficient conclusions cannot be drawn based on physical evidence alone and the matter boils down to “he said/she said.”
Under these circumstances, just because the driver has not been found to be at fault doesn’t preclude you from seeking damages and making a claim for your injuries.
The state of Ohio is considered a “Fault State” and does not recognize a serious injury threshold. This means that if you are involved in a motorcycle accident or otherwise as the plaintiff, you must be 50 percent or less responsible for the accident in order to recover any damages.
Drivers of motor vehicles have a duty to their passengers, pedestrians and other drivers and if anyone comes to harm as a result of their negligence, the driver can be accountable for personal injury claims made against them. If you believe you are not at fault, or not more than 50 percent liable, you should contact a Dayton Ohio motorcycle accident attorney.
Ohio has placed restrictions on the types of compensation plaintiffs are able to receive in a court case. A Dayton Ohio motorcycle accident attorney who has experience in personal injury and trial law may be able to convince a jury to award a verdict finding the defendant liable.
Non-economic damages such as pain and suffering in most non-catastrophic injury cases are limited to $250,000 or a figure three times that of the amount of economic damages, whichever is greater and with an overall cap of $350,000.