Articles Posted in Motorcycle Accidents

Because of negligent motorists and truck drivers,  riding a motorcycle is dangerous enough. But sometimes riding a bike in Ohio  is  made even more dangerous by hazards created by construction and maintenance crews, or even the by the municipality itself. While those who negligently hurt others  are generally accountable for the harm they cause, when the damage is caused by a city or its officials,  this is not always so. In a recent Dayton area motorcycle accident case recently considered by Ohio’s Second District appellate court, the defendant city was able to escape paying for the damage it caused.

 

The defendants were a city and its service director. Because of their status as a governmental entity and governmental employee, the court ultimately ruled that they were protected from the plaintiff’s negligence lawsuit by so-called sovereign immunity.

Facts of the Case

In the case, the plaintiff was a motorcyclist who was injured when a vehicle going in the opposite direction lost control and hit a median that had been constructed by the defendant city and overseen by the defendant service director as part of an “entryway enhancement project.” Debris from the accident struck the plaintiff,  throwing him to the pavement, causing  serious injury. Significantly, while the accident occurred in 2014,  the construction project was begun in 2009; another motorist struck the median in 2010, also sending debris into the oncoming lane. So the City was aware of the hazard and the problem. Continue reading

Seeking fair compensation for injuries suffered in an Ohio motorcycle accident can be both complicated and time-consuming.  Motorcycle and vehicle accident lawsuits usually proceed on a a  negligence theory in which a plaintiff must prove that a defendant ( the responsible party) owed a duty to the plaintiff ( the injured party bringing the lawsuit), that the defendant breached that duty and that as a direct or proximate result of that negligence,  the plaintiff suffered injuries and damages. The plaintiff must show  that there was a link between the plaintiff’s damages and the defendant’s breach of duty in order topursue monetary payment for his or her losses in the accident.

In some cases, the defendant may have an affirmative defense that defeats the plaintiff’s claim, and some defendants – such as governmental entities – may be immune from suit because they are a government entity . This is known as sovereign immunity.

Facts of the Case