Kisling, Nestico & Redick in Cleveland on Motorcycle Accidents: What You Need to Know

Motorcycle accidents are on the rise in the state of Ohio. According to the May 2022 Traffic Safety Bulletin on motorcycles issued by the Ohio State Highway Patrol, there were 4,005 accidents in 2021. Of those incidents, 215 accidents accounted for the deaths of 223 cyclists (up 5% from the previous year). In addition to fatalities, another 1,197 riders suffered serious crash-related injuries. A full 58% of all accidents for the year were deemed the fault of the motorcyclist. As an Ohio resident who owns a motorcycle, you might not know what to do if you’re unlucky enough to be involved in an accident — but thankfully, the team at Kisling, Nestico & Redick Cleveland (KNR) can guide you through any insurance pitfalls and legal red tape you encounter in the event of a crash.

Ohio Motorcycle Laws at a Glance

Do you know what your rights are when you get into a motorcycle accident? According to the folks at Kisling, Nestico & Redick in Cleveland, the foremost answer to that question depends on whether or not you’ve complied with Ohio’s laws with regard to ensuring and operating your ride. By law, anyone who owns and operates a motorcycle must insure it. The minimum coverage required in Ohio is 25/50/25: $25,000 per-person bodily injury liability; $50,000 per-accident bodily injury liability; $25,000 property damage liability. This is known as a liability-only policy.

Such insurance provides up to $50,000 in coverage for all parties involved in a crash, with a $25,000 limit for one person and a $25,000 limit for property damage. While Ohio motorcyclists aren’t required by law to purchase uninsured motorists (UM), underinsured motorists, or personal injury protection (PIP), adding further coverage can be a fairly inexpensive way to up your chances of recovering from a loss.

Per the financial planning website MoneyGeek: “In Ohio, the increase in cost for better coverage is significantly small.” They suggest most riders should “consider a full-coverage policy of 50/100/25, and preferably a 100/300/100 coverage” for those who can afford it.

If you were at fault in a motorcycle accident, your insurance company should cover the cost of claims; however, getting them to pay out can sometimes be complicated. Indeed, even riders with the best coverage who were operating unimpaired and in full accordance with posted speed limits and other Ohio traffic laws can find the process of securing the damage claims due to them in a personal injury lawsuit daunting. That’s why to get the compensation you deserve fairly, having legal experts like those at Kisling, Nestico & Redick who specialize in motorcycle accident law is crucial to your success.

Why Motorcycle Insurance Claims and Personal Injury Suits are Complicated

While the mythos of the “outlaw biker” is generally the exception rather than the rule for most motorcycle owners, that negative stereotype can put law-abiding cyclists at a disadvantage when filing insurance claims or bringing a personal injury suit to court. No matter how respectable a citizen you may be in every other aspect of your life, motorcycle riders' perception as wild, immature, or downright reckless can be hard to overcome. All it takes is one person on a jury or a biased insurance adjuster who believes anyone on a bike is at least in some part guilty of misconduct — no matter the evidence presented to the contrary — to scuttle a case or deny a rightful claim.

In Cleveland, no one is better prepared to combat such preconceived prejudices than the lawyers at Kisling, Nestico & Redick. Through their due diligence, the team at KNR will collect the necessary evidence to present the facts of the case clearly and concisely in order to show their clients in the most positive light and procure the best possible outcomes.

Things to Do If You Get Into a Motorcycle Accident

1. In the event of a motorcycle accident, your first and foremost concern must be to ascertain whether you or anyone else involved has sustained an injury. If you’re able, call 911 immediately or get someone else to place the call to provide the location of the accident and any pertinent observations regarding injuries or ongoing dangerous situations at the scene.

2. Per the team at Kisling, Nestico & Redick Cleveland, reporting a motorcycle accident to 911 isn’t an admission of guilt, so you don’t need to worry about being held responsible; however, you must be careful not to volunteer any unnecessary information or opinions to the authorities. Answer questions truthfully, but don’t apologize and never admit guilt.

3. While it’s important to gather as much evidence as quickly as you can if your motorcycle is creating a hazard, move it to the side of the road. If at all possible, do try to take pictures first to record the scene. Even if you can’t get shots of the bike in situ, use your camera phone to record the accident location (like the nearest intersection or mile marker), and take note of any adverse road, weather, lighting conditions, and posted speed limits. Also, if there are other vehicles involved, capture their direction of travel at the time of the accident. This information will help you when filing insurance claims and/or legal purposes.

4. Once the scene is secure and everyone is out of the road, all drivers involved should exchange pertinent information, including names, addresses, phone numbers, insurance policy info, VIN, and driver’s license numbers. Copy down license plate numbers and the car makes/models, take photos of the vehicles, and write a brief description of any damage caused by the accident.

5. When the police arrive, file an accident report and get responding officers’ names and badge numbers for future reference with regard to insurance claims or court cases.

6. Round up, witnesses. Talk to people on the scene and get their contact information. If you’re able, jot down notes or record any eyewitness observations on your phone.

7. Seek medical attention as soon as you can — even if you don’t think you’ve been hurt or consider your injuries minor. Some medical conditions don’t show up right away, and the full extent of the injuries you’ve sustained may not make themselves known until long after the motorcycle accident. A timely medical report can go a long way toward ensuring that an insurance claim or injury suit receives a just settlement.

If You’re in a Motorcycle Accident, Why It’s Best to Consult an Attorney ASAP

Life can change dramatically after a motorcycle accident; unfortunately, insurance companies often try to take advantage just when you’re the most vulnerable. They may try to pressure you into accepting a settlement that’s not fair or, worse, maneuvers you into taking responsibility for something when you’re not to blame.

All it takes is one small misstatement to inadvertently scuttle your hopes of a fair settlement. That’s why consulting with an attorney who truly knows the ins and outs of motorcycle accident liability law in Cleveland — like the experienced team at Kisling, Nestico & Redick — will keep you from making costly mistakes and ensure your case is as strong and compelling as possible.

If you’ve been involved in a motorcycle accident, don’t let a big insurance company add insult to injury. Talk to someone at Kisling, Nestico & Redick instead.

This article does not necessarily reflect the opinions of the editors or management of EconoTimes.