That many accidents happen at intersections in busy cities like Cleveland is no surprise. When there are multiple lanes of traffic heading in a variety of directions with some streets protected by traffic signals, others by stop signs and some with nothing at all, it is critical for drivers to pay attention and to ensure that they are driving responsibly. Unfortunately, many do not and, as a result, motorcyclists and other drivers find themselves in devastating intersection accidents caused by anything from a rear-end collision at a red light to a high-speed T-bone collision when a driver does not yield the right-of-way. Due to a motorcycle’s smaller profile and the fact that the rider is much more exposed to external forces than people in cars, motorcyclists in intersection accidents often suffer serious and extensive injuries. At Rubin Guttman & Associates, our Cleveland motorcycle accident lawyers have assisted many riders with obtaining the compensation that they deserve following a motor vehicle crash.Understanding Liability for Motorcycle Accidents at Intersections
Intersection accidents can happen for a variety of reasons, including texting while driving, driving while intoxicated, or someone simply not paying attention. In today’s technologically oriented world, moreover, many drivers are reluctant to take their eyes off their cell phones while driving. It only takes a few seconds for a traffic light to change or for a car to start a left turn against oncoming traffic. Many drivers who use cell phones behind the wheel drastically underestimate the amount of time that they have their eyes on their phones. In other situations, intersection accidents happen because a driver fails to yield the right-of-way or speeds up to get through an intersection before the yellow light turns red.
If you were injured in an intersection accident, you can bring a negligence action against the driver who harmed you. In this lawsuit, your injury lawyer must prove that the other driver did not operate his or her vehicle with the appropriate level of skill and care and that this caused you to suffer injuries. When it comes to driving, the standard of care requires each of us to use the same level of caution and skill that a reasonable driver would use. This involves paying attention, obeying traffic signals, not tailgating other vehicles, and yielding the right-of-way according to traffic rules. Motorists also need to be aware that motorcycles are smaller in stature than passenger vehicles and easier to miss if one is not paying attention. Unless the motorcycle did not have proper lighting, arguing that a motorcycle was hard to see will not excuse careless driving.
In some cases, a defendant may try to argue that you were at least partially at fault for your motorcycle accident. Ohio is a comparative negligence state, which means that under Ohio law a plaintiff who is more than 50 percent responsible for his or her accident will be barred from recovering any compensation for their injuries from the defendant. If the responsible party, or defendant is more than 50% at fault, than the amount you will be awarded for your injuries and damages will be reduced by the percentage of liability that you bear for causing the accident. If you were found to be 25% at fault, than your award will be reduced by 25%. Stated differently, you will be awarded an amount of compensation that mirrors the defendant’s percentage of fault.
Determining the amount of damages that you are entitled to receive from the defendant may not be as straightforward as it sounds. Motorcyclists who are injured in intersection accidents may suffer debilitating and sometimes life-threatening injuries like broken bones, back injuries, road rash, and brain injuries. If you will require ongoing medical care including additional surgeries in the future, treatments such physical or occupational therapy, or even treatment in a nursing home, rehab facility or long term care facility to treat your injuries, you may also obtain compensation for your estimated future medical care costs. In the unfortunate circumstance that you are unable to return to work because of the accident, you may be awarded compensation for your lost wages and reduced earning capacity.Speak with an Experienced Cleveland Lawyer Following an Intersection Accident
If you were injured in an intersection accident, you shouldn’t try to navigate the legal aspects of your claim alone. As seasoned personal injury trial lawyers, we are prepared to help you investigate your claim, work with insurance companies, and file suit on your behalf to get you the compensation that you deserve. Rubin Guttman & Associates assists people seeking an attorney following a car, truck, or motorcycle crash in Beachwood, Cleveland, Parma, Lakewood, Euclid, Cleveland Heights, Strongsville, Akron, Columbus, Chardon, Toledo, Youngstown, Ravenna, Elyria, Lorain, or Mentor. We provide a free consultation to help you understand how we can assist you. Put our experience to work for you. Call us now at 1-888-GUTTLAW or contact us online.