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Frequently Asked Questions on Motor Vehicle and Motorcycle Accident Cases
Skilled Columbus injury attorneys address your concerns
Car and motor vehicle collisions can range from mere fender benders to catastrophic scenes. Even in minor vehicle collisions, injuries can occur. When you are injured from your accident or a family member is seriously or fatally harmed, the Donahey Law Firm in Columbus, Ohio can help. While we strive to answer all of our clients' questions, we understand that you may want to research your legal issue.
Please find below some common questions involving car and motorcycle accident cases. For additional information or to schedule a free initial consultation to discuss your case with an attorney, call 1-866-949-8069 or contact the Donahey Law Firm online.
- When one car rear-ends a car, is that definitive evidence of the rider's fault?
- If a car turns left in front of me and causes a collision, is its driver automatically liable for damages?
- How do motorcycle cases differ from other automobile accidents?
- How might a state helmet law affect my recovery for my motorcycle accident?
- How should I proceed if a relative or loved one was killed in a motorcycle accident?
- If a defect in the motorcycle caused the accident, can the rider recover damages?
When one car rear-ends another car, is that definitive evidence of fault?
In rear end collisions, the law generally favors the lead car, but that does not mean the trailing vehicle is always at fault. Hasty drivers making lane changes often cut off other motorists then abruptly jam on the brakes, forcing the second car to slam into them. To protect your rights under such a scenario, contact a knowledgeable lawyer at the Donahey Law Firm.
If a car turns left in front of me, causing a collision, is its driver automatically liable for damages?
When a car turning left cuts off the flow of traffic resulting in an accident, the presumption is against that car, but the driver is not automatically liable. The turning car may have had a green arrow giving them the right of way, or the oncoming vehicle may have run a red light or been speeding. An experienced personal injury attorney at the Donahey Law Firm can sort out the conflicting versions of the accident and present a persuasive reconstruction in favor of our client.
How do motorcycle cases differ from other automobile accidents?
Both are similar in that a victim needs to establish the other driver was at fault in order to recover for losses. But motorcycle cases can be more difficult to reconstruct. For example, motorcycle skid marks are often not as useful for accurately measuring the vehicle's speed. Since motorcycles are less visible than cars, they create more ambiguity regarding driver negligence. Motorcycles require greater skill to operate, which raises more questions about the rider's contributory negligence. Moreover, motorcyclists often sustain more serious injuries than those in passenger cars. Finally, prejudicial views about the type of person who rides a motorcycle, such as the rider's willingness to engage in risky behavior, can negatively impact a rider's claim. A knowledgeable personal injury attorney can help.
How might a state helmet law affect my recovery for my motorcycle accident?
Failure to wear a helmet when the law mandates does not mean that a motorcycle rider was responsible for the accident. However, it may be used by the opposition to argue that the rider plays loose with the law and has little regard for his own safety. If the accident claim involves a head injury, failure to wear an approved helmet may result in a reduced recovery.
How should I proceed if a relative or loved one was killed in a motorcycle accident?
A fatality in a traffic accident raises the stakes for all involved. The responsible party may now face criminal charges as well as crippling civil liability. For that reason, those at fault will immediately begin building a defense, starting with the legal team assembled by their insurance company. To get justice for your loved one, you must have professionals advocating your cause, mobilizing as quickly as the opposing party to collect evidence, interview potential witnesses and construct a persuasive case on your behalf.
If a defect in the motorcycle caused the accident, can the rider recover damages?
Absolutely. But establishing that there was a defect, and whether it came from design, manufacture or faulty maintenance, makes such cases very difficult to win without thorough investigation, expert testimony, accident reconstruction and a compelling argument outlined by an experienced attorney.
