Motorcycle accident
Motorcycle Accident Attorneys in Toledo, Ohio
The firms in this guide
1. Gallon, Takacs & Boissoneault Co., L.P.A.
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, wrongful death, medical malpractice
Case Types Handled: Motorcycle collisions, motorcycle vs. car accidents, motorcycle vs. truck accidents, fatal motorcycle accidents, hit-and-run accidents, intersection crashes, wrongful death claims, traumatic brain injury cases, spinal cord injuries
Legal Services: Negligence investigation, liability determination, insurance claim negotiation, settlement negotiations, trial representation, accident reconstruction, expert witness coordination, medical record analysis, lost wage recovery, pain and suffering claims, wrongful death litigation
Background: Toledo-based personal injury law firm serving clients throughout Northwest Ohio and Lucas County. The firm handles motorcycle accident cases and understands Ohio’s comparative negligence rules and insurance requirements.
Location: Toledo, OH (Lucas County)
Contact: Contact via website
Consultation: Free consultation offered. Contingency fee basis.
2. Kisling, Nestico & Redick, LLC
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, wrongful death, workers’ compensation
Case Types Handled: Motorcycle collisions, motorcycle vs. car accidents, motorcycle vs. truck accidents, fatal motorcycle accidents, distracted driving accidents, drunk driving accidents, wrongful death claims, traumatic brain injury cases
Legal Services: Negligence investigation, insurance claim negotiation, settlement negotiations, trial representation, accident reconstruction, medical record review, lost wage recovery, pain and suffering claims, wrongful death litigation
Background: One of Ohio’s largest personal injury law firms with offices throughout the state including the Toledo area. The firm has recovered hundreds of millions of dollars for clients and handles motorcycle accident cases across Ohio.
Location: Toledo area, OH (with multiple Ohio offices)
Contact: 1-800-HURT-NOW
Consultation: Free consultation offered. Contingency fee basis.
3. Charles E. Boyk Law Offices, LLC
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, wrongful death, workers’ compensation, nursing home abuse
Case Types Handled: Motorcycle collisions, motorcycle vs. car accidents, fatal motorcycle accidents, intersection crashes, rear-end collisions, hit-and-run accidents, wrongful death claims, traumatic brain injury cases, spinal cord injuries
Legal Services: Negligence investigation, liability determination, insurance claim negotiation, settlement negotiations, trial representation, accident reconstruction, expert witness coordination, medical record analysis, lost wage recovery, pain and suffering claims, wrongful death litigation
Background: Toledo personal injury law firm serving Northwest Ohio for over 30 years. The firm handles motorcycle accident cases throughout Lucas County and surrounding areas. The attorneys understand Ohio’s modified comparative negligence rules.
Location: Toledo, OH
Contact: Contact via website
Consultation: Free consultation offered. Contingency fee basis.
4. Elk & Elk Co., Ltd.
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, medical malpractice, nursing home abuse, wrongful death
Case Types Handled: Motorcycle collisions, motorcycle vs. car accidents, fatal motorcycle accidents, intersection crashes, wrongful death claims, traumatic brain injury cases, spinal cord injuries, catastrophic injuries
Legal Services: Negligence investigation, insurance claim negotiation, settlement negotiations, trial representation, accident reconstruction, expert witness coordination, medical record analysis, lost wage recovery, pain and suffering claims, wrongful death litigation
Background: One of Ohio’s largest personal injury law firms with over 50 years of experience serving clients in the Toledo area and throughout Ohio. The attorneys handle complex motorcycle accident cases and understand Ohio’s comparative negligence laws and damage caps.
Location: Toledo area (main office in Cleveland with statewide service)
Contact: Contact via website
Consultation: Free consultation offered. Contingency fee basis.
5. Murray & Murray Co., L.P.A.
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, wrongful death, medical malpractice
Case Types Handled: Motorcycle collisions, motorcycle vs. car accidents, motorcycle vs. truck accidents, fatal motorcycle accidents, distracted driving accidents, intersection crashes, wrongful death claims, traumatic brain injury cases
Legal Services: Negligence investigation, liability determination, insurance claim negotiation, settlement negotiations, trial representation, accident reconstruction, medical record review, lost wage recovery, pain and suffering claims, wrongful death litigation
Background: Ohio personal injury law firm serving the Toledo area and Northwest Ohio. The firm has experience handling motorcycle accident cases and understands Ohio’s fault determination rules and insurance requirements.
Location: Toledo area, OH
Contact: Contact via website
Consultation: Free consultation offered. Contingency fee basis.
Helmet Rules, Bar Liability and City Vehicle Claims for Toledo Motorcycle Crashes
A Toledo motorcycle crash claim can raise whether Ohio’s helmet statute covered the rider, when a bar that served an intoxicated driver can be sued, and when a city is liable for its employee’s driving. Ohio law also decides who benefits from a wrongful death action.
Helmets and Eye Protection
Under Ohio Revised Code 4511.53(C)(1), every motorcycle operator and passenger must use safety glasses or another protective eye device, and a helmet approved by the U.S. Department of Transportation is required for an operator or passenger under 18, an operator with a novice-designated endorsement or license, and anyone riding with such an operator. The same paragraph provides that its provisions or a violation of them shall not be used in the trial of any civil action.
When a Bar Can Be Sued
Under Ohio Revised Code 4399.18, a liquor permit holder is not liable for an intoxicated person’s acts unless the injury occurred on its premises or controlled parking lot and was caused by its negligence. For a crash away from the premises, the injured person must show by a preponderance of the evidence that the permit holder knowingly sold to a noticeably intoxicated person or in violation of the underage sales law, and that the intoxication proximately caused the injury.
A City Employee’s Driving
Under Ohio Revised Code 2744.02(B)(1), subject to 2744.03 and 2744.05, a political subdivision is liable for injury caused by an employee’s negligent operation of a motor vehicle within the scope of employment, with full defenses, under listed conditions, for police, fire and emergency medical drivers responding to emergencies without willful or wanton misconduct. Under 2744.05, punitive damages are not awarded, insurance and other collateral benefits are deducted, and damages other than actual loss are limited to $250,000 per person except in wrongful death actions.
Who Benefits From a Death Action
Under Ohio Revised Code 2125.02(A)(1), the personal representative brings the action for the exclusive benefit of the surviving spouse, children and parents, who are rebuttably presumed to have suffered damages, and of the other next of kin; a parent who abandoned a minor child who died does not benefit.
Toledo Motorcycle Accident Questions
How long do I have to sue?
Two years after the cause of action accrues for bodily injury under Ohio Revised Code 2305.10(A), and two years after the death for wrongful death under 2125.02(F)(1), subject to the listed exceptions in each section.
Can I recover if I was partly at fault?
Yes, if your fault was not greater than the combined tortious conduct of all other persons, under Ohio Revised Code 2315.33. For example, imagine $60,000 in damages and 25 percent of the responsibility on the rider: the recovery would be $45,000.
Is there a cap on punitive damages?
Yes. Under Ohio Revised Code 2315.21(D)(2)(a), the court may not enter judgment for punitive damages above two times the compensatory damages awarded against that defendant, with a lower limit for a small employer or individual under (D)(2)(b).