Strong Advocacy For Injured Motorcyclists
At Cowan & Hilgeman, we understand the physical, emotional, and financial impact a motorcycle accident can have on your life. We are here to offer support and professional guidance through this challenging time. We pride ourselves on our personalized approach to each case, ensuring that your unique situation is handled with the care and attention it deserves. When you choose us as your Dayton, OH motorcycle lawyer, you're not just getting legal representation; you're gaining a team that is committed to fighting for your rights and interests. We'll thoroughly investigate your case, consult with experts, and work tirelessly to secure the best possible outcome for you.
We understand the unique challenges and complexities faced by riders involved in accidents. We're deeply committed to serving the Dayton community, and our legal expertise is specifically tailored to address the nuances of motorcycle accidents. Our team recognizes that motorcycle riders often face unfair biases and a lack of understanding from insurance companies and the legal system. That's why we've dedicated ourselves to becoming advocates for the rights of motorcyclists. By combining our comprehensive knowledge of Ohio's traffic laws with a compassionate approach, we ensure that our clients' stories are heard, and their rights are protected.
At Cowan & Hilgeman, we prioritize a personalized approach for each client. Understanding that every motorcycle accident is unique, we delve into the specific details of each case, gathering evidence and expert testimonies to build a robust representation. Our approach is not just about legal representation; it's about providing a support system for our clients during their challenging times. We guide them through the complexities of the legal process, offering clarity and reassurance. Our aim is to secure the best possible outcome for our clients, whether that's through negotiation or, if necessary, litigation. With Cowan & Hilgeman, Dayton's motorcyclists can rest assured that they have a passionate and skilled legal team on their side.
Common Causes Of Motorcycle Accidents
Motorcycle accidents can be particularly hazardous due to the inherent lack of protection that motorcycles offer compared to enclosed vehicles. As Motorcycle Accident Lawyers in Dayton, OH, at Cowan & Hilgeman, we have seen firsthand the impact these accidents can have on individuals and their families. Our experience has allowed us to identify some common causes of motorcycle accidents, which are crucial for riders and drivers alike to understand.
- Limited Visibility
One of the most significant causes of motorcycle accidents is limited visibility. Motorcycles are smaller and less visible to car and truck drivers, especially at intersections or in heavy traffic. This can lead to dangerous situations where a motorcyclist is not seen in time, leading to collisions. We always advise our clients to increase their visibility by using reflective gear and keeping their headlights on, even during the day.
- Road Hazards And Conditions
Motorcyclists are particularly vulnerable to road hazards such as potholes, uneven road surfaces, loose gravel, and wet or icy conditions. These hazards, which might be minor annoyances to a car, can be catastrophic for a motorcyclist. At Cowan & Hilgeman, we understand that not all accidents are caused by driver error, and we're committed to investigating all aspects of an accident, including road conditions.
- Speeding And Reckless Driving
Speeding and reckless driving are significant contributors to all vehicular accidents, but they pose an even greater risk to motorcyclists. High speeds reduce reaction time and increase the severity of injuries in
accidents. We encourage riders to adhere to speed limits and be vigilant of others who may be driving recklessly. When representing our clients, we meticulously examine accident reports and witness statements to determine if speeding or reckless driving played a role in their accident.
- Inexperience And Lack of Training
Riding a motorcycle requires skill and experience. Inexperienced riders are more likely to make errors in judgment that can lead to accidents. This is why we emphasize the importance of proper training and ongoing education for all motorcyclists. At Cowan & Hilgeman, we understand that even the most cautious and well-trained riders can find themselves in unforeseen circumstances, and we're here to support them when they do.
- Impaired Driving
Operating any vehicle under the influence of alcohol or drugs is a major cause of accidents, and the consequences can be even more severe for motorcyclists. Impaired driving reduces a motorist’s ability to react and make sound decisions, leading to tragic outcomes. Our team at Cowan & Hilgeman strongly advocates against impaired driving and supports victims who have been affected by such irresponsible behavior.
- Left-Turn Accidents
Accidents commonly occur when a vehicle makes a left turn in front of a motorcycle that it failed to see or misjudged the speed of. These collisions can be particularly dangerous due to the lack of protection for the motorcyclist. We've represented numerous clients in such cases, fighting to hold the responsible parties accountable for their negligence.
- Lane Splitting
Lane splitting, the practice of riding a motorcycle between lanes of slow-moving or stopped traffic, can lead to accidents, especially if it is done recklessly or in areas where drivers are not accustomed to it. While it's not legal in Ohio, understanding its risks is important for motorcyclists everywhere.
If you or a loved one has been involved in a motorcycle accident, it's crucial to seek legal assistance. At Cowan & Hilgeman, we have the expertise and experience to navigate these complex cases. We're committed to providing personalized and compassionate legal representation to our clients. We understand the physical, emotional, and financial toll an accident can take, and we’re here to help you through every step of the legal process.
Remember, as Motorcycle Accident Lawyers in Dayton, OH, we're not just your attorneys; we're your advocates and allies. We encourage you to reach out to us at Cowan & Hilgeman for a consultation. Together, we can work towards securing the compensation and justice you deserve.
Dayton Motorcycle Accident Infographic
What You Need To Do After Your Accident
Motorcycle accidents can be disorienting and traumatic. Understanding the right steps to take immediately after an accident is crucial for your safety, well-being, and any subsequent legal action. As experienced Motorcycle Accident Lawyers in Dayton, OH, at Cowan & Hilgeman, we advise our clients on the essential actions to take in the aftermath of a motorcycle accident.
- Seek Medical Attention
Your first priority should always be safety. Move to a safe area away from traffic if you can do so without causing further injury. Even if you feel fine, it's crucial to seek medical attention immediately. Some injuries, especially internal ones, may not be immediately apparent. Documenting your injuries with a healthcare professional can also be vital evidence if you decide to pursue a legal claim.
- Report The Accident
Contact the police to report the accident. A formal police report is an important document when filing an insurance claim or a lawsuit. It serves as an official record of the incident and includes details about the parties involved, witness information, and the officer’s initial assessment of the scene.
- Gather Information And Evidence
If you are able to, gather as much information as possible at the scene. This includes the names, contact information, and insurance details of the other parties involved. Take photographs of the accident scene, your motorcycle, the other vehicles involved, and any visible injuries you have sustained. This evidence can be invaluable in building your case.
- Avoid Discussing Fault
Be cautious about what you say following the accident. Avoid admitting fault or making statements that could be interpreted as an admission of liability. These statements can be used against you in future legal proceedings.
- Notify Your Insurance Company
Inform your insurance company about the accident as soon as possible. Be factual about the details, but remember, you do not have to agree to a recorded statement or sign any documents without consulting with an attorney first.
- Keep Records And Document Everything
Start a file to keep all your accident-related documents and information together. This should include medical records, receipts for any expenses related to the accident, correspondence with insurance companies, and any other relevant information.
Dealing With Insurance Companies
Dealing with insurance companies after an accident can be a daunting and often frustrating process. As experienced Motorcycle Accident Lawyers in Dayton, OH, at Cowan & Hilgeman, we have dealt extensively with insurance companies and understand the challenges that accident victims face. We're here to guide you through this complex process and ensure your rights are protected.
- Insurance Company Tactics
First and foremost, it's important to understand that insurance companies are businesses. Their primary objective is to minimize their payouts and protect their bottom line. This often means that they may use tactics to reduce the value of your claim or deny it outright. As your legal representatives, we are well-versed in these tactics and can counteract them effectively.
- Initial Contact With The Insurance Company
After an accident, you will likely be contacted by the insurance company of the party at fault. It's crucial to be cautious in your interactions with them. Anything you say can be used to devalue your claim. We advise our clients to direct all communications to us, at Cowan & Hilgeman, so we can handle negotiations on their behalf, ensuring that their rights are not compromised.
- The Importance Of Detailed Documentation
Proper documentation is key in dealing with insurance claims. This includes medical records, police reports, photographs of the accident scene and damages, and records of all expenses related to the accident. We help our clients gather and organize these documents, which are critical in building a strong claim.
- Understanding Your Insurance Policy
Insurance policies can be complex and difficult to understand. We help our clients navigate their policies and understand the coverage they're entitled to. This includes explaining the fine print and how it applies to their specific case. Understanding your policy is crucial in ensuring that you receive the full benefits you're entitled to.
- Negotiating With Insurance Companies
Negotiating with insurance companies can be challenging. As your Motorcycle Accident Lawyer in Dayton, OH, Cowan & Hilgeman has significant experience in negotiating with insurance adjusters. We understand their strategies and how to effectively counter them. Our goal is to ensure that you receive fair compensation for your injuries, damages, and any other losses.
- The Settlement Offer
Often, insurance companies will extend a settlement offer. It's important to remember that initial offers are usually well below what you are entitled to. We carefully review these offers, consider your current and future needs, and negotiate for a settlement that truly reflects the extent of your damages and losses.
- Legal Representation In Disputes
Sometimes, disputes arise regarding the claim amount or coverage. In such instances, having Cowan & Hilgeman representing you can make a significant difference. We are prepared to aggressively advocate on your behalf, whether it's through further negotiation or, if necessary, taking legal action. Our firm has a strong track record of successfully resolving disputes with insurance companies, ensuring our clients receive the compensation they deserve.
Compensation For Motorcycle Accident Claims
If you've been involved in a motorcycle accident, understanding the types of compensation you are entitled to is crucial for your financial and personal recovery. As experienced Motorcycle Accident Lawyers in Dayton, OH, at Cowan & Hilgeman, we have extensive experience in securing various forms of compensation for our clients. Here, we outline the key types of compensation you may be eligible to receive following a motorcycle accident.
Medical Expenses
- Immediate medical care: This includes ambulance fees, emergency room visits, surgery costs, and any immediate medical treatment received following the accident.
- Ongoing medical treatment: If your injuries require long-term treatment, such as physical therapy, rehabilitation, or follow-up surgeries, these costs should also be covered.
- Medication and medical supplies: Any prescription drugs, medical equipment (like crutches or wheelchairs), and other supplies needed for your recovery are compensable.
- Future medical expenses: If your injuries will require ongoing medical care, we ensure that future medical costs are also considered in your claim.
Lost Wages And Earning Capacity
- Lost wages: Compensation for the time you were unable to work due to your injuries.
- Loss of earning capacity: If your injuries affect your ability to work in the future, you may be entitled to compensation for the reduction in your earning capacity.
Pain And Suffering
- Physical pain: Compensation for the physical pain and discomfort you endured due to the accident.
- Emotional distress: This includes anxiety, depression, PTSD, and other emotional traumas resulting from the accident.
Property Damage
- Repair or replacement of your motorcycle: Coverage for the costs to repair or replace your motorcycle.
- Damaged personal property: Compensation for any items such as helmets, clothing, or other personal items that were damaged in the accident.
Loss Of Enjoyment of Life
Compensation for the loss of enjoyment of life if your injuries prevent you from engaging in hobbies, sports, or other activities you enjoyed before the accident.
Punitive Damages
In cases where the other party’s conduct was particularly egregious or reckless, punitive damages may be awarded as a way to punish the wrongdoer and deter similar conduct in the future.
Wrongful Death And Survivor Benefits
- Funeral and burial expenses: In the tragic event of a fatality, these costs are compensable.
- Loss of financial support: Compensation for the financial support the deceased would have provided.
- Loss of companionship: Compensation for the loss of love, companionship, and guidance the deceased provided.
Motorcycle Accident FAQs
At Cowan & Hilgeman, we have extensive experience in handling motorcycle accident cases. We can provide you with the guidance you need to understand your rights and options for recovering compensation. Here are some answers to common questions we get:
What are the common causes of motorcycle accidents in Ohio?
Motorcycle accidents in Ohio often result from various factors, including negligent driving (like distracted driving and speeding), adverse weather conditions, unsafe road conditions, impaired driving, and left-turn accidents. Dooring incidents, where a car door is opened in the path of an oncoming motorcycle, are also a notable cause.
Are helmets mandatory for motorcycle riders in Ohio?
Ohio law mandates helmet use for certain groups of motorcyclists: riders under 18 years of age, those who have been licensed for less than a year, and passengers riding with a driver required to wear a helmet. Additionally, riders must wear goggles or eyeglasses unless their motorcycle is equipped with a windshield.
What should I do if I'm involved in a motorcycle accident in Ohio?
If involved in a motorcycle accident in Ohio, ensure your safety and seek medical attention, report the accident to law enforcement, exchange information with other parties involved, gather evidence such as photographs of the scene, talk to witnesses, notify your insurance company, and consider consulting a motorcycle accident attorney.
How does fault work in motorcycle accidents in Ohio?
Ohio follows a modified comparative negligence rule. This means your compensation could be reduced by your percentage of fault in the accident. If you're found to be more than 50% at fault, you might not be eligible for compensation.
Is there a time limit for filing a motorcycle accident lawsuit in Ohio?
In Ohio, you generally have two years from the date of the motorcycle accident to file a personal injury lawsuit. It's important to adhere to this statute of limitations, as failure to file within this timeframe could result in the dismissal of your case.
Motorcycle Accident Dayton, OH Statistic
The OSHP noted that in a recent year, there were nearly 4,000 motorcycle accidents across Ohio. These accidents resulted in more than 200 fatalities and nearly 3,000 injuries. This high incidence highlights the risks faced by motorcyclists and the importance of safety and awareness on the roads.
Why Choose Cowan & Hilgeman as Your Motorcycle Accident Lawyer in Dayton, OH
At Cowan & Hilgeman, we understand that the aftermath of a motorcycle accident can be overwhelming. Our experienced team is dedicated to ensuring that you receive the full compensation you deserve. We take the time to understand the full impact of your injuries and losses, both now and in the future. Our approach includes:
- Thorough investigation: We meticulously investigate every aspect of your case to ensure all damages are accounted for.
- Network of experts: We consult with medical professionals, economists, and other experts to accurately assess the full extent of your damages.
- Skilled negotiation: Our team has extensive experience in negotiating with insurance companies to ensure you receive a fair settlement.
- Aggressive representation in court: If necessary, we are prepared to take your case to trial to fight for the compensation you deserve.
Cowan & Hilgeman - Dayton Motorcycle Accident Law Firm
12 W Monument Ave
Dayton, OH 45402
Contact Our Motorcycle Accident Lawyers Today
Firms like Cowan & Hilgeman are equipped with the expertise and experience necessary to effectively represent clients in these challenging cases. We understand the unique aspects of motorcycle accident claims, including dealing with insurance companies, understanding state-specific motorcycle laws, and advocating for fair compensation. Our commitment to providing personalized legal services helps individuals affected by motorcycle accidents receive the dedicated attention and robust representation they need to pursue justice and fair compensation. For anyone involved in a motorcycle accident in Dayton, consulting with our experienced team can be a vital step towards a successful resolution of their case.
If you or a loved one has been involved in a motorcycle accident, we invite you to reach out to us for a consultation. At Cowan & Hilgeman, your first consultation is free, and we work on a contingency fee basis, meaning you pay nothing unless we win your case. Contact us today to discuss your case and learn how we can help you secure the compensation you need to move forward.
