How Fault is Determined in a Motorcycle Accident in Ohio

August 31, 2023

Riding a motorcycle is exhilarating and liberating. No other vehicle can give you the same sense of freedom and excitement. However, as a rider, you are more vulnerable to serious injury in the event of an accident. Being aware of fault and liability can be critically important in the aftermath of a motorcycle accident. In this blog, we are going to explore how fault is determined in a motorcycle accident in Ohio. Whether you are a seasoned rider or a beginner, understanding this topic can help protect you and your loved ones in the event of an accident.


Ohio is a “fault” state, which means that the at-fault driver is responsible for any damages or injuries that result from the accident. If you are involved in a motorcycle accident, fault will be determined by the insurance company of the at-fault driver. Insurance adjusters will investigate the circumstances of the accident, gather evidence, and determine who was at fault. This is why it is important to gather as much evidence as possible at the scene of the accident, such as witness statements, photographs, and police reports.


Ohio follows a modified comparative negligence rule, which means that even if you were partially at fault for the motorcycle accident, you can still recover damages. However, your damages will be reduced by your percentage of fault. For example, if you were awarded $100,000 in damages but found to be 25% at fault, your award would be reduced to $75,000. It is important to note that if you are found to be 51% or more at fault, you will not be able to recover any damages.


It is important to understand that fault can also be shared among multiple parties. For example, if a motorcyclist was speeding and a car made a left-hand turn in front of them, both parties may share fault for the accident. In this case, the damages would be split between the parties according to the percentage of fault assigned to each of them.


Another important factor in determining fault is whether or not the injured party was wearing a helmet at the time of the motorcycle accident. Ohio law requires all riders to wear a helmet, and failure to do so can result in a citation and fines. If you were not wearing a helmet at the time of the accident, your damages may be reduced or denied altogether, even if the accident was not your fault.



Understanding fault in a motorcycle accident in Ohio can be complex, and it is important to consult with an experienced attorney if you have been involved in an accident. At the law firm of ABC, we have decades of experience representing clients in motorcycle accidents and a proven track record of success. Whether you are seeking a fair settlement or preparing for trial, we are here to help you every step of the way. Contact us today for a free consultation.

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