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Cleveland Motorcycle Accident Lawyer
Strong representation for victims of motorcycle accidents in Ohio
Cleveland motorcycle accidents can result in devastating and sometimes deadly injuries for riders. In many circumstances, these accidents result from negligent motorists and defective road conditions.
If you or someone you love has suffered injuries in a recent motorcycle accident, consult an attorney as quickly as possible. The Cleveland motorcycle accident lawyers at Crandall & Pera Law, LLC are here to help victims get back on their feet. We don’t collect a fee unless we win. Contact us today for a free case evaluation.
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Table of Contents
- Why Cleveland motorcyclists choose Crandall & Pera Law, LLC
- Cleveland and Cuyahoga County motorcycle accident statistics
- Common causes of motorcycle accidents in Cleveland
- Serious injuries common in Cleveland motorcycle accidents
- Third-party liability in Cleveland motorcycle accidents
- Ohio motorcycle laws every Cleveland rider should know
- What compensation can Cleveland motorcycle accident victims recover?
- What to do after a motorcycle accident in Cleveland
- Frequently asked questions about Cleveland motorcycle accident claims
- Experienced Cleveland motorcycle accident law firm
- Call our Ohio motorcycle accident attorneys for a free case consultation
Why Cleveland motorcyclists choose Crandall & Pera Law, LLC
The attorneys at Crandall & Pera Law, LLC have over 50 years of combined experience. We’ve recovered over half a billion dollars for our clients, including many multi-million dollar results. While past results can’t predict future case outcomes, our track record demonstrates our commitment to our clients.
After a motorcycle accident, you want the best possible team of attorneys fighting for you. Sometimes, insurance companies target motorcyclists with bias and “assumption of risk” arguments that try to shift blame onto the rider. It’s unfair, and at Crandall & Pera Law, LLC, we have experience handling these insurance company tactics. Our lawyers are prepared to help you through every step of your case, from initial investigation to consulting with in-house RNs who understand motorcycle injuries, including traumatic brain injuries, road rash, infections, and orthopedic trauma. If necessary, we can litigate your case in Ohio.
Our office is conveniently located at 850 Euclid Avenue, #1122, Cleveland, OH 44114. We can meet in person or via video conference. Schedule your free case evaluation today.
Cleveland and Cuyahoga County motorcycle accident statistics
OSHP data shows 1,760 motorcycle crashes in Cuyahoga County from 2018 to 2022. Statewide, there were 18,980 crashes, 927 of which were fatal, and over 5,200 of which resulted in serious injuries.
These numbers highlight the serious risks motorcyclists face on Ohio roads, particularly in high-traffic areas like Cleveland.
Common causes of motorcycle accidents in Cleveland
In most cases, motorcycle accidents happen because a driver, a road condition, or another external factor created a dangerous situation. Understanding these causes can help explain why some motorcycle accidents happen and why motorcyclists are so vulnerable traveling on Cleveland roads, like Kinsman Road, St. Clair Avenue, East 55th Street and the I-480 stretch between Broadview Road and Transportation Boulevard.
Driver inattention and failure to yield
The most common cause of motorcycle accidents nationally is driver inattention. Since motorcycles are smaller than passenger vehicles and trucks, drivers can fail to notice them. Failure to yield is also a frequent issue, and is more likely to occur at intersections and in congested urban traffic.
Left-turn accidents
When a driver turns left in front of an oncoming motorcycle, either due to speeding or failure to see the motorcycle, serious accidents can occur. Drivers sometimes assume they have more time than they actually do. The results can be catastrophic.
Lane change collisions
When a driver doesn’t properly signal or check mirrors before changing lanes, they can cause an accident. Also, vehicles have blind spots. When a motorcycle falls into a vehicle’s blind spot, the rider runs the risk of being sideswiped if another vehicle enters their lane.
Dooring
Dooring happens when a driver or passenger opens a door to their vehicle into the path of an oncoming motorcyclist. This is more common in urban areas, like Cleveland, where drivers park on the streets.
Road hazards
Potholes and road debris are particularly problematic on Cleveland roads. Motorcycles are more sensitive to hazards than larger vehicles because they may be more likely to lose control. In places like Cleveland, where they truly experience all four seasons, the weather can contribute to bad road conditions.
Drunk or distracted drivers
Driving under the influence of alcohol or drugs is illegal in every state. Driving while distracted by phones or navigational devices can be equally dangerous and a serious threat to motorcyclists.
Speeding or driving recklessly
Speed limits are in place for a reason. The faster someone drives, the more at risk they are of a serious collision. Aggressive driving is also dangerous, and includes tailgating, weaving through traffic, running red lights, and other driving behaviors that disregard the safety of others. Speeding and aggressive driving are particularly dangerous for motorcyclists, who have far less protection in the event of an accident.
As mentioned above, motorcyclists often face bias simply because they were operating a motorcycle, and the assumption of risk mindset can unfairly impact claims. Cleveland motorcycle accident attorneys can help address this bias.
Serious injuries common in Cleveland motorcycle accidents
Motorcyclists don’t have seat belts, airbags, or reinforced frames. Even low-speed crashes can result in severe and life-altering injuries. Common injuries from motorcycle accidents include:
- TBI/concussion
- Spinal cord injury and paralysis
- Road rash
- Fractures (especially extremities)
- Internal injuries
- Amputations
- PTSD
Third-party liability in Cleveland motorcycle accidents
Motorcycle accidents in Cleveland can happen for a number of reasons. While negligent drivers are often to blame, claims aren’t always limited to the actions of another driver. Identifying all potential liable parties is important to maximize recovery in complex cases.
Negligent drivers
Third-party liability often falls to the driver who caused the accident. To be at fault, a driver may have failed to yield, driven distracted, made an unsafe turn, or changed lanes without looking – whatever negligent act the driver committed – the fault will likely land on them.
Government liability for road defects and hazardous conditions
In some cases, a government entity such as the City of Cleveland or the Ohio Department of Transportation (ODOT) may be liable for a motorcycle accident. For example, if there is a pothole in the road, and the city knows about the pothole, but they didn’t fix it, they can be held liable in certain circumstances, subject to Ohio’s governmental immunity laws, when a motorcycle accident happens due to that pothole.
Product liability for motorcycle defects
When a product fails and doesn’t work as it was intended to, and that defect causes harm, product liability claims can be brought against manufacturers, distributors, or retailers. In a motorcycle accident case, common product defects can be brakes, tires, or safety gear such as helmets.
Ohio motorcycle laws every Cleveland rider should know
Motorcycle riders in Cleveland should be aware of Ohio’s motorcycle laws. The knowledge helps riders stay safe on the road, but it can also help when seeking compensation after an accident.
Ohio is an at-fault state
If a driver caused an accident, that driver will likely be responsible for paying damages.
Modified comparative negligence
Ohio also follows a modified comparative negligence rule. This means that an injured rider can recover damages only if they are 50% or less at fault for an accident. If the rider is found to be 51% or more at fault, they are barred from recovering compensation.
Motorcycle equipment requirements
When driving a motorcycle in Cleveland, the bike must be properly equipped. For example, the headlight must be on at all times, there must be at least one mirror, the bike needs working brake lights and turn signals, a muffler that meets noise rules, and footrests and a permanent seat if carrying another rider.
Under Ohio law (ORC 4511.84), helmets are also required for all riders under 18 and for novice motorcyclists – generally those who have held a motorcycle license or endorsement for less than one year. Riders over 18 with sufficient experience are not legally required to wear a helmet in Cleveland. Not wearing a helmet does not automatically bar recovery, but it can become a factor in comparative fault arguments.
Lane splitting in Ohio
Unlike some states, lane splitting is illegal in Ohio. Motorcyclists are not permitted to ride between lanes of traffic or pass vehicles within the same lane. Lane sharing is allowed – when two motorcycles ride side by side in a single lane – but lane splitting can be used against you after a crash.
What compensation can Cleveland motorcycle accident victims recover?
If you’ve been injured in a motorcycle accident, you’re likely looking at extensive costs. Whether it’s medical treatment, lost wages, or emotional trauma, you deserve compensation to help you recover. For those with severe motorcycle accident injuries, the costs can be much higher. With potential ongoing rehabilitation and long-lasting physical and emotional effects, victims may need more to make them feel whole again.
In a Cleveland motorcycle accident case, compensation generally falls into two categories: economic damages and non-economic damages.
Economic damages
Economic damages are the financial losses sustained in a motorcycle accident, including:
- Medical expenses
- Future medical treatment
- Lost wages and loss of future earning capacity
- Property damage
- Out-of-pocket expenses related to the accident
Non-economic damages
You can also recover damages for injuries that can’t be proven with a receipt, including:
- Pain and suffering
- Emotional distress
- PTSD and trauma-related symptoms
- Loss of enjoyment of life
- Physical impairment or disfigurement
- Loss of the ability to participate in hobbies, family activities, or everyday routines
What to do after a motorcycle accident in Cleveland
If you were in a motorcycle accident in Cleveland, consider taking the following steps to protect your health and your legal claim:
- Go to a safe place and call 911
The scene of a motorcycle accident can be dangerous, even after the time of impact. If you’re able to, move away from the scene and find a safe place to call 911. Once connected, ask for medical assistance for any injured parties and for law enforcement to come. They can issue a police report, which might serve as evidence in a lawsuit.
- Get medical attention
It sounds simple, but it’s also important: if you’re hurt, seek medical attention. Even if your injuries seem minor, it's best to get evaluated by a medical professional as soon as possible. Your visit is proof that you were seen by medical staff for injuries related to your accident.
- Document the scene
Evidence is important in any type of lawsuit. While you’re still at the scene of the accident, gather as much evidence as possible, including photos of the following:
- Your motorcycle and all other vehicles involved
- Any visible injuries
- Road conditions, debris, skid marks, and traffic signs
- Weather and lighting conditions
- The position of all vehicles involved
- Get contact information
Exchange information with all parties involved, including:
- Names and phone numbers
- Driver’s license and insurance information
- Vehicle descriptions and license plates
If there are witnesses, also ask for their contact information. You may want to contact them later to make a statement about the incident.
- Do not admit fault
Be careful what you say at the scene. Stick to the facts and avoid speculating about what caused the accident. Do not give a recorded statement without a lawyer.
- Report the accident to your insurance company
Report the accident to your insurer, but keep your statements brief and factual. Do not provide a recorded statement without speaking to an attorney first.
- Avoid quick settlement offers
Insurance companies may contact you with a settlement offer that is below the true value of your claim. Do not accept without first speaking to a lawyer.
- Contact a motorcycle accident lawyer
An experienced attorney can help gather evidence, communicate with insurers, and work to make sure your claim reflects the full extent of your injuries and losses.
- Be aware of the deadline to file a claim
Ohio law generally gives you two years from the date of the accident to file a personal injury lawsuit (ORC 2305.10). Missing this deadline can prevent you from recovering compensation entirely.
Frequently asked questions about Cleveland motorcycle accident claims
How much is my motorcycle accident case worth?
Case values for a motorcycle accident claim vary, and it’s hard to pin down an exact amount. Typically, the biggest factor that affects the amount of compensation you might receive is the severity of the injury. Generally speaking, the more severe the injuries, the more you’ll recover in order to pay for your losses. For example, if a motorcycle accident results in permanent disability, such as paralysis, you can pursue compensation for all medical expenses that have already occurred, in addition to all predicted expenses for the rest of your life.
What if I wasn't wearing a helmet? Can I still recover?
Yes, you can still recover compensation in a Cleveland motorcycle accident even if you were not wearing a helmet. Insurance companies might argue that not wearing your helmet worsened your injuries, and while that might be the case, and it may affect your payout due to comparative fault laws, you can still pursue damages if the motorcycle accident was not your fault.
What if the other driver has no insurance?
In Ohio, if the other driver doesn’t have any insurance, you still have options. You can file a claim through your own Uninsured Motorist (UM) coverage, or you can also file a lawsuit against the driver. Either way, a Cleveland motorcycle accident lawyer can help you start the process.
How long do I have to file a claim in Ohio?
Generally, you have two years from the date of the accident to file a personal injury lawsuit in Ohio (ORC 2305.10). An attorney can help you meet all necessary deadlines.
How does the contingency fee work?
A contingency fee means you pay attorney fees only if you win or settle your case.
Experienced Cleveland motorcycle accident law firm
At Crandall & Pera Law, LLC, we believe that motorcycle accident victims deserve compensation that truly makes a difference. We never stop fighting on behalf of our clients. Talk to us today to put over 50 years of experience on your side. To learn more or to schedule a free consultation, please call us now or fill out our contact form.
Call our Ohio motorcycle accident attorneys for a free case consultation
Our Cleveland office is located at 850 Euclid Ave #1122. We also have offices throughout Ohio and Kentucky. We’re happy to meet clients in person or via video conference.