Motorcycle Accidents

In Ohio, motorcyclists are subject to the same speed restrictions as other vehicles. All motorcyclists are required to drive at a speed that is reasonable and prudent. Ohio Revised Code §4509.11. Any speed in excess of the following speeds is evidence of unreasonable driving:

• 20 mph approaching a school crossing
• 55 mph in other locations O.R.C. Ann. §4509.11

Approximately 2000 motorcyclists are killed, and more than 50,000 are injured in traffic crashes each year. Many of these injuries and deaths could be prevented if motorcycle riders and their passengers wore helmets. In 2001, more than 3,181 motorcyclists were killed, and another 60,000 were injured in traffic crashes in the United States. More than 7,000 of those injured were riders between ages 15 and 20, and 36% of those who died were between ages 16 and 29. Ninety percent of the people who died were male; nearly all of them were operating the bike. Among females who died, 72% were passengers.

Per mile driven, motorcycles are about 21 times more likely than persons in a car to die in a motor vehicle crash, and they’re about 4 times more likely to be injured. While motorcycles make up less than 2% of all registered vehicles in the U.S., motorcyclists account for 8% of total traffic deaths. In 2001, 39% of all motorcyclists involved in fatal crashes were speeding, approximately twice the rate for drivers of passenger cars and light trucks. The percentage of alcohol involvement was more than 37% higher for motorcyclists than for drivers of passenger vehicles.

Wearing a helmet lowers a motorcycle rider’s risk of fatal injury by 29% and reduces the risk of traumatic brain injury by 67%. Despite the documented effectiveness of helmets, many motorcyclists choose not to wear them, especially when state laws don’t require helmet use. Surveys show that in states without universal helmet law, only 34-54% of motorcycle riders wear helmets. But in states where helmet use is mandatory for all riders, 98% of motorcyclists use this safety gear. Currently, less than half of the states require helmet use by riders of all ages.

In most other locations the Department of Transportation department may determine and declare a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30 or 25 miles per hour, whichever is found most appropriate.

In all motor vehicle accidents it is essential that measures be taken promptly to preserve evidence, investigate the accident in question and to enable physicians or other expert witnesses to thoroughly evaluate any injures.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law.