Riding was part of who your loved one was. Maybe it was the weekend ride down Route 48, the trip with friends every summer, or the daily commute on two wheels. Losing someone in a motorcycle crash is devastating, and it can be made worse by the quiet assumption, sometimes even in a police report, that the rider must have been doing something wrong. We are sorry for your loss.

Many fatal motorcycle crashes are caused by drivers who simply did not look. This page explains how these cases are investigated in Ohio, the rules of the road that matter most, what Ohio law says about helmets in a civil case, and what insurance may be available to your family.

How fatal motorcycle crashes happen

Riders have little protection in a collision, so crashes that would cause minor damage between two cars can be fatal on a motorcycle. Common patterns include:

  • A car turning left across the rider's path at an intersection or into a driveway or parking lot.
  • A driver changing lanes into a motorcycle in a blind spot.
  • A driver pulling out from a side street or stop sign.
  • Rear-end collisions, where a driver does not slow for a rider stopped in traffic.
  • Road hazards such as gravel, potholes, uneven pavement or debris.

Again and again, drivers say afterward, "I never saw the motorcycle." That statement is not a defense. It is often an admission that the driver did not look carefully enough.

What the investigation must capture

Motorcycle crashes leave evidence that must be gathered before it is lost:

  • The motorcycle and the other vehicle. Damage patterns help show speed and angle of impact. The car's event data recorder may show its speed and braking. Both vehicles can be released, sold or salvaged quickly.
  • Scene marks. Scrapes and gouges in the pavement show where the motorcycle went down and where impact occurred. Rain and traffic erase them.
  • Video. Businesses, homes and traffic cameras near intersections often record over themselves within days. Some riders and drivers use cameras that also need to be preserved.
  • The rider's gear, including the helmet if one was worn.
  • Lighting and sight lines, including headlight use and anything that blocked the driver's view.

A reconstruction engineer can use this evidence to answer the questions insurers raise, especially about speed. A lawyer can send preservation demands to the driver, owner and insurers early in the case.

The Ohio rules of the road that matter most

Left turns. Ohio law requires a driver turning left at an intersection or into a driveway, alley or private road to yield to any vehicle approaching from the opposite direction that is close enough to be an immediate hazard (R.C. 4511.42(A)). A motorcycle is a vehicle entitled to the same right of way as any car.

The "lawful manner" argument. Ohio defines the right of way as the right to proceed "uninterruptedly in a lawful manner" (R.C. 4511.01(UU)(1)). Insurers sometimes use this language to argue that a rider who was speeding lost the right of way. Whether that argument has any merit depends on evidence, not assumptions, and it is one reason the reconstruction matters.

Shared fault. If the defense claims your loved one was partly at fault, Ohio's comparative fault rule applies. The claim is barred only if the rider's share of fault was greater than the combined fault of everyone else, and otherwise any award is reduced by the rider's percentage (R.C. 2315.33).

What Ohio's helmet law says about a civil case

Families are often worried that the insurer will blame the death on a missing helmet. Ohio's helmet requirement is narrower than many people think. It applies to riders under 18, to riders whose license or endorsement carries a "novice" designation, and to passengers riding with them (R.C. 4511.53(C)(1)). Riders operating on a temporary instruction permit must also wear a helmet (R.C. 4511.53(C)(3)(a)). Most other adult riders in Ohio are not required to wear one.

The statute also says something important about lawsuits. The helmet provisions in division (C)(1) "or a violation thereof shall not be used in the trial of any civil action" (R.C. 4511.53(C)(1)). How helmet questions are handled in a particular case depends on the facts and the rules of evidence, but a missing helmet is not, by itself, a reason to give up a claim.

Who may be responsible, and which insurance may apply

Responsibility may rest with:

  • The driver who turned, merged or pulled out in front of the rider.
  • The vehicle's owner, whose policy must cover permitted drivers (R.C. 4509.51(B)).
  • An employer, if the driver was working.
  • A government body or contractor responsible for a dangerous road condition, subject to Ohio's immunity laws.
  • A manufacturer, if a defect in the motorcycle or a part played a role.

Insurance often comes from more than one place. The at-fault driver's liability policy is the first source, but Ohio's minimum is only $25,000 for the death of one person (R.C. 4509.51(B)). The rider's own uninsured and underinsured motorist coverage can be critical, and Ohio law treats a motorcycle as a motor vehicle for purposes of that coverage (R.C. 3937.18(A)).

There is one trap to watch for. If your loved one owned a motorcycle insured on one policy and a car insured on another, the car policy may exclude uninsured and underinsured coverage while riding a household vehicle not listed on that policy (R.C. 3937.18(I)(1)). Every policy in the household should be gathered and read. Our chapter on insurance coverage explains these policies in more detail, and the general rules for crash cases are on our car crash page.

If a passenger died, the passenger's family may have claims against the other driver, the motorcycle operator, or both, and the operator's policy may provide coverage.

What your family can recover

Ohio law allows compensation for loss of support, loss of services, loss of society (companionship, care, guidance and more), loss of prospective inheritance, and mental anguish (R.C. 2125.02(D)), along with reasonable funeral and burial expenses (R.C. 2125.02(C)(1)). The surviving spouse, children and parents are presumed to have suffered damages (R.C. 2125.02(A)). Ohio's general caps on noneconomic damages do not apply to wrongful death actions (R.C. 2315.18(H)(3)).

If your loved one survived for a time after the crash, the estate may also pursue a survival claim for the rider's own conscious pain and medical expenses (R.C. 2305.21). Both claims are brought by the personal representative of the estate; if no estate exists yet, see do you need an estate. Our page on wrongful death compensation explains each category.

The two-year deadline

An Ohio wrongful death action generally must be filed within two years after the date of death (R.C. 2125.02(F)(1)). Insurance policies may have their own notice requirements that come much sooner. Read more about Ohio's two-year rule and its exceptions.

Common questions

The police report suggests our loved one was speeding. Is the case over?

No. An officer's early impression is not a finding of fault, and speed estimates at a motorcycle crash scene are often guesses. Physical evidence, video and vehicle data frequently tell a more complete story. Even if speed played some role, Ohio's comparative fault rule may still allow recovery.

Our loved one was not wearing a helmet. Can we still bring a claim?

Yes. Most adult riders in Ohio are not required to wear a helmet, and the statute's helmet provisions cannot be used in the trial of a civil action. How the issue is handled depends on the facts of the case, but it does not by itself bar a family's claim.

The driver who caused the crash has only minimum insurance. What else is there?

Look at the rider's motorcycle policy, any other household auto policies, and any umbrella policy for uninsured and underinsured motorist coverage. Coverage from an employer or the vehicle's owner may also apply.

Can friends who were riding with our loved one help?

Yes. Fellow riders are often the most important witnesses. Write down their names and contact information now, and ask them to save any photos, video or GPS ride data from that day.

This article is general information about Ohio law, not legal advice about your situation. Reading it does not create an attorney-client relationship. Deadlines and rules change; talk to a lawyer about your family's situation.