Ohio Motorcycle Accident Lawyer

Can I recover if I was not wearing a helmet in Ohio?

Yes, in most cases. Ohio requires helmets for riders under 18 and for novice riders in their first year of licensing, but other adults may legally ride without one.

The defense may still argue that a helmet would have reduced a head injury. Even when that argument is raised, it targets the head injury, not your broken bones, road rash or lost income, and it does not change who caused the crash. A driver who turns left in front of you is still responsible for the collision. If you were wearing a helmet, we preserve it, because the damage can show how the impact happened.

Where do Ohio riders get hurt most often?

Many crashes happen on scenic two-lane roads and on busy urban corridors. The riding season, roughly spring through fall, brings many riders out at once.

• Hocking Hills roads in southeast Ohio, with tight curves and hills
• State Route 555, a winding road popular with riders
• The Ohio River corridor along US-52
• Lake Erie shore routes with heavy summer tourist traffic
• Columbus, Cleveland and Cincinnati streets, where left turns and lane changes cause many crashes

Riders also face gravel, deer, farm equipment and potholes, especially after winter freeze and thaw cycles.

Early spring is a particularly risky time. Riders return after months off the bike, drivers have stopped watching for motorcycles over the winter, and roads still carry sand and salt residue from snow treatment. Summer weekends bring group rides and rallies, where drivers may misjudge how many motorcycles are passing before they pull out. Fall foliage rides through the southeast hills combine curvy roads with sightseeing drivers who slow or stop without warning.

How does Ohio's 51% bar affect a motorcycle claim?

Your award is reduced by your share of fault as long as you are 50% or less at fault. Above 50%, you recover nothing.

Here is an example. A driver pulls out of a side road in Hocking County into the path of a rider. The rider's damages total $300,000. The defense argues the rider was going too fast for the curve. If the jury finds the rider 30% at fault, the rider recovers $210,000. At an even 50-50 split, the rider still recovers $150,000. At 51%, the claim is lost. Ohio's noneconomic damages cap may also apply, unless the injuries are catastrophic.

Why do drivers so often blame the rider?

Many drivers say they never saw the motorcycle. That is not a defense, because drivers must look for all traffic.

Insurers also lean on assumptions about speed and risk-taking. We replace those assumptions with facts:

• Helmet camera or dashcam footage
• Testimony from other riders in your group
• Crash data from the other vehicle
• Road measurements showing the driver's view
• Your riding experience and safety training

What insurance covers a motorcycle crash in Ohio?

The at-fault driver's liability coverage is the first source. Ohio's minimum limits are often far too low for serious motorcycle injuries.

Uninsured and underinsured motorist coverage is optional in Ohio, so check whether your motorcycle policy includes it. A household auto policy may also apply, depending on its terms. Medical payments coverage, if you bought it, can help with early bills. Passengers can claim against the other driver and, if the rider was careless, against the rider's policy. If a pothole or road defect caused the crash, claims against public bodies follow special immunity rules, explained on our government and public property claims page.

What should I do after a motorcycle crash in Ohio?

Get medical care right away, then protect the evidence and keep the 2-year deadline in mind.

1. Keep your helmet, jacket and gear as they are.
2. Photograph the bike, the other vehicle and the road surface.
3. Get names of riding partners and other witnesses.
4. Save camera footage right away.
5. Avoid posting about the crash online.

Most motorcycle injury lawsuits in Ohio must be filed within 2 years. Our Ohio overview covers the state's general rules, and our Ohio car accident page explains insurance claims against other drivers. Learn more on our motorcycle accident page. We offer a free case review and charge no fee unless we win.