Motorcycle crashes claim the lives of thousands of people in the United States each year. Because of the design of these two-wheel vehicles and the obvious lack of protection for the rider, accidents involving motorbikes are often very serious.
Victims are often left with serious medical conditions and often lose income because they need time to recover. Fortunately, motorcycle crashes that occur as a result of someone else's negligence may qualify for a personal injury lawsuit.
However, when taking legal action against the other party to claim compensation, it is crucial that claimants understand the restrictions put in place by state law. This article will provide more information about the statute of limitations for personal injury cases involving motorbikes in Ohio.
Understanding Motorcycle Accidents and Personal Injury Claims
Motorcycle crashes are typically more serious than those involving other types of vehicles. That's because, as mentioned previously, riders lack the protection of an outer metal shell.
To make matters worse, maneuvering a motorbike tends to be a lot harder than it is for passenger cars, which is why greater levels of skill are typically required. For this reason, inexperienced riders tend to be more prone to accidents.
Moreover, motorcycles often have problematic brakes, making it harder to control the vehicle. These factors contribute to a higher number of personal injury cases involving these two-wheelers.
However, rider errors or issues with the motorbike aren't the only reasons why these crashes occur. In many cases, the negligence of other motorists is to blame.
When a driver fails to ensure the safety of a motorcyclist, they can be held liable for their actions. An Ohio motorcycle accident attorney can help victims compile evidence to seek compensation for the losses incurred. They can also help with the slip and fall statute of limitations in Ohio.
Before that can be done, however, it's important that claimants understand the rules that apply, including the Ohio personal injury statute of limitations.
The Motorcycle Accident Statute of Limitations in Ohio
All personal injury claims in the state, including those that involve motorcycles, are subject to a two-year statute of limitations. This means that the victim who suffered because of the negligence or intentional wrongdoing of another will have two years from the date of the incident to bring a legal claim.
Should he or she fail to do this within this timeframe, they will forfeit their right to pursue compensation for their damages.
It's important for claimants to remember that the statute of limitations does not mean that a verdict must be passed or the case concluded within two years, but legal action must be initiated within that time.
Several Exceptions Apply
When filing a motorcycle accident claim, it's important for victims to remember that certain exceptions may change the statute of limitations for a case.
To find out whether a motorcycle or car accident claim qualifies for an extension of the deadline, the injured party will need to seek advice and guidance from an Ohio attorney who is well-versed in personal injury law. They can assist when dealing with the truck accident statute of limitations in Ohio as well.
Here is an overview of the exceptions to the statute of limitations for motorbike crashes:
If the Injuries Aren't Immediately Apparent
The truth is that there are some cases where a victim's symptoms may not be noticeable until several days, weeks, or even years later. In this case, the discovery rule will apply, which states that the statute of limitations will commence from the date that the person realized that they suffered harm.
The Defendant Is in Jail
If the person at fault is in prison, the law extends the deadline for filing a lawsuit against them to two years from the date the defendant is released.
They Have a Disability That Impairs Their Capacity to Take Legal Action
In cases where the plaintiff has a legal disability that prohibits them from exercising their legal rights, they may obtain an extension to the statute of limitations.
Ohio acknowledges both aging and mental disorders as legal impairments. If an individual is a minor, has been institutionalized, or if a court has determined that he or she is not mentally sound, the time limit for legal action will be tolled until the person is able to make sound decisions.
The Defendant Flees
When the at-fault party runs away or moves to another state, the statute of limitations will be extended to allow him or her enough time to move back and face the consequences of their actions.
Why It's Important for Victims to Begin the Legal Process As Soon As Possible
Although two years might seem like a good time, it's important that plaintiffs begin the process of filing a claim as quickly as possible.
Unfortunately, witness testimonies become more unreliable with the passage of time, surveillance footage can be lost, and victims risk losing their shot at obtaining compensation for their losses.
When claimants engage a motorcycle accident attorney in Toledo shortly after the accident takes place, they allow them sufficient time to prepare a strong defense. They can investigate the case, track down evidence, and call in experts to back up the plaintiff's claim.
How a Law Firm Can Help with Motorcycle and Car Accident Claims
Motorcycle crashes can be incredibly traumatic, which is why it’s beneficial for injured victims to have someone on their side who is familiar with the challenges they are facing. A legal advocate will offer sound advice and help the plaintiff navigate the intricate legal system to remain compliant and secure a favorable outcome.
Furthermore, a lawyer can also handle communication with the relevant insurance company to ensure that their client's rights are protected. Many insurers will deny an insurance claim for unfair reasons. Hiring a legal representative can prevent any issues.
Schuerger Shunnarah Trial Attorneys Can Help Victims Remain Compliant
Motorcycle accident victims in Toledo, Ohio, can turn to Schuerger Shunnarah Trial Attorneys to recover compensation for their losses and take back their lives. The team ensures that every client understands Ohio's statute of limitations and complies with it to avoid losing their chances of obtaining financial recompense.
Those who were injured because of the negligence of another can contact us for aggressive legal representation.