OHIO*
Ohio motorcyclists are protected under Ohio motorcycle law that makes negligent drivers responsible and liable to Ohio motorcyclists. An Ohio biker involved in a motorcycle accident in Ohio may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of Ohio.
If you sustained an injury due to an Ohio motorcycle accident and you haven’t contacted a lawyer about your Ohio motorcycle accident, the best thing you can do for yourself is contact us NOW. We’ll listen to you and help you understand your options. If you have a case, we’ll help you find the best motorcycle accident injury attorney or law firm in your area. As an attorney who litigates these cases, I belong to many trial lawyer and motorcycle lawyer groups and have gone out of my way to find the best motorcycle attorneys in each state. Even the phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer. 1-877-Biker-Law (1-877-245-3752).
Ø Ohio Helmet Law: If you are riding on or operating an Ohio motorcycle, you are required by law to wear a helmet if you are under the age of 18, OR if you are a novice rider.
R.C. § 4511.53
4511.53 Rules for bicycles, motorcycles and snowmobiles
No person who is under the age of eighteen years, or who holds a motorcycle operator's endorsement or license bearing a “novice” designation that is currently in effect as provided in section 4507.13 of the Revised Code, shall operate a motorcycle on a highway, or be a passenger on a motorcycle, unless wearing a protective helmet on the person's head, and no other person shall be a passenger on a motorcycle operated by such a person unless similarly wearing a protective helmet. The helmet, safety glasses, or other protective eye device shall conform with regulations prescribed and promulgated by the director of public safety.
Ø Ohio Motorcycle Eye Protection: You are required by law to wear eye protection when riding on or operating an Ohio motorcycle, unless the Ohio motorcycle is equipped with a windscreen.
R.C. § 4511.53
4511.53 Rules for bicycles, motorcycles and snowmobiles
No person shall operate or be a passenger on a snowmobile or motorcycle without using safety glasses or other protective eye device.
Ø No-Fault Insurance: Ohio is not a no-fault state. This means the law of negligence governs Ohio motorcycle accidents.
Ø Ohio is an at-fault state: This means that the law of negligence governs Ohio motorcycle and motor vehicle accidents. The person who is found to be “at fault” for the accident can be held accountable for your injuries and damages in your Ohio motorcycle accident.
Ø Ohio Motorcycle Insurance: You are required by law to insure your Ohio motorcycle. The minimum insurance required for your Ohio motorcycle is Liability insurance. The required minimum limits for Ohio motorcycle insurance are as follows: 12.5/25/7.5
§ Bodily Injury Liability (1 Person): $12,500
§ Bodily Injury Liability (All Persons, 1 Accident): $25,000
§ Property Damage Liability: $7,500
· Liability Insurance- covers you if you injure another party with your vehicle
· Property Damage Insurance- coverage if you damage another person’s motorcycle
· Collision Insurance –covers motorcycle repair regardless of fault
· Medical Insurance –pays medical bills after crash
· Comprehensive Insurance – theft, fire, flood, vandalism to motorcycle
· Uninsured/Underinsured – coverage in case other party has no insurance or not enough insurance to compensate you
· Umbrella Insurance –additional liability insurance, in case of extensive damages to motorcycle
Ø Ohio UM (Uninsured/Underinsured) Motorist Insurance: If you areinjured in a hit-and run, or involved in an Ohio motorcycle accident with an at-fault driver who has inadequate or no insurance to cover your claims, UM (Uninsured or Underinsured Motorist) coverage may protect you in these situations.
R.C. § 3937.18
3937.18 Uninsured and underinsured motorist coverage
(A) Any policy of insurance delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state that insures against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle, may, but is not required to, include uninsured motorist coverage, underinsured motorist coverage, or both uninsured and underinsured motorist coverages.
Unless otherwise defined in the policy or any endorsement to the policy, “motor vehicle,” for purposes of the uninsured motorist coverage, underinsured motorist coverage, or both uninsured and underinsured motorist coverages, means a self-propelled vehicle designed for use and principally used on public roads, including an automobile, truck, semi-tractor, motorcycle, and bus. “Motor vehicle” also includes a motor home, provided the motor home is not stationary and is not being used as a temporary or permanent residence or office. “Motor vehicle” does not include a trolley, streetcar, trailer, railroad engine, railroad car, motorized bicycle, golf cart, off-road recreational vehicle, snowmobile, fork lift, aircraft, watercraft, construction equipment, farm tractor or other vehicle designed and principally used for agricultural purposes, mobile home, vehicle traveling on treads or rails, or any similar vehicle.
(B) For purposes of any uninsured motorist coverage included in a policy of insurance, an “uninsured motorist” is the owner or operator of a motor vehicle if any of the following conditions applies:
(1) There exists no bodily injury liability bond or insurance policy covering the owner's or operator's liability to the insured.
(2) The liability insurer denies coverage to the owner or operator, or is or becomes the subject of insolvency proceedings in any state.
(3) The identity of the owner or operator cannot be determined, but independent corroborative evidence exists to prove that the bodily injury, sickness, disease, or death of the insured was proximately caused by the negligence or intentional actions of the unidentified operator of the motor vehicle. For purposes of division (B)(3) of this section, the testimony of any insured seeking recovery from the insurer shall not constitute independent corroborative evidence, unless the testimony is supported by additional evidence.
(4) The owner or operator has diplomatic immunity.
(5) The owner or operator has immunity under Chapter 2744. of the Revised Code.
An “uninsured motorist” does not include the owner or operator of a motor vehicle that is self-insured within the meaning of the financial responsibility law of the state in which the motor vehicle is registered.
(C) If underinsured motorist coverage is included in a policy of insurance, the underinsured motorist coverage shall provide protection for insureds thereunder for bodily injury, sickness, or disease, including death, suffered by any insured under the policy, where the limits of coverage available for payment to the insured under all bodily injury liability bonds and insurance policies covering persons liable to the insured are less than the limits for the underinsured motorist coverage. Underinsured motorist coverage in this state is not and shall not be excess coverage to other applicable liability coverages, and shall only provide the insured an amount of protection not greater than that which would be available under the insured's uninsured motorist coverage if the person or persons liable to the insured were uninsured at the time of the accident. The policy limits of the underinsured motorist coverage shall be reduced by those amounts available for payment under all applicable bodily injury liability bonds and insurance policies covering persons liable to the insured.
For purposes of underinsured motorist coverage, an “underinsured motorist” does not include the owner or operator of a motor vehicle that has applicable liability coverage in the policy under which the underinsured motorist coverage is provided.
Ø Ohio Statute of Limitations: If you are injured in an Ohio motorcycle accident, you have two (2) years from the date of the accident to commence suit, if you wish to do so.
O.R.C. 2305.10 Bodily injury or injury to personal property.
(A) Except as provided in division (C) or (E) of this section, an action based on a product liability claim and an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues. Except as provided in divisions (B)(1), (2), (3), (4), and (5) of this section, a cause of action accrues under this division when the injury or loss to person or property occurs.
*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.
*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.
***Law portion of site in progress. Ohio motorcycle law regarding Ohio motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.
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