Speeding is one of the most common factors in motorcycle accidents — over 30% of motorcyclists involved in fatal crashes were speeding, compared to just 22% of passenger car drivers.
But can you still file a motorcycle accident lawsuit or insurance claim against the other driver if you were speeding? It’s a pressing question considering how quickly medical bills, lost income, and ongoing recovery costs can add up after a serious crash.
Read on as we break down how Ohio’s laws treat cases involving speeding motorcyclists.
Understanding Comparative Negligence in Ohio
In Ohio, fault in an accident isn’t always assigned to just one party. The state uses a modified comparative negligence rule, which means that each person involved can be assigned a share of the blame.
As long as someone is found to be less than 51% at fault, they may still be able to recover damages. However, any compensation awarded would be reduced based on their level of fault. This applies whether the injured rider is negotiating a settlement with the other driver’s insurance company or pursuing compensation through a personal injury lawsuit.
What this means for speeding motorcyclists
Speeding can count against you when fault is being evaluated, but it doesn’t automatically prevent you from filing a motorcycle accident lawsuit in Ohio. If another driver was mostly responsible for the crash, you may still have a case, even if speeding played a role. The key question is whether your share of the blame stays below that 51% threshold.
Factors That Influence Liability After a Motorcycle Accident
Type of crash and evidence involved
Not all motorcycle accidents are treated the same. A rear-end collision may raise different questions of fault than a left-turn or lane-change crash. The specific circumstances of the impact (as demonstrated by supporting evidence like accident reconstruction reports, dashcam footage, and witness statements) can play a major role in determining who was primarily responsible.
The other driver’s actions
The behavior of the other driver is another key factor. Were they texting behind the wheel? Speeding? Driving under the influence? Failing to yield or check blind spots? Even if you were speeding, a court will consider whether the other party’s actions played a larger role in causing the crash.
Distracted driving, especially texting, continues to be a major issue in Ohio. In 2023, the state implemented its new “phones down” law, which helped reduce distracted-driving crashes by 8%. Still, thousands of collisions every year involve drivers who aren’t paying full attention to the road. If the other driver was texting or otherwise distracted, that behavior could significantly shift how fault is assigned.
Road conditions and external factors
Sometimes, outside elements contribute to an accident. Poor road design, inadequate signage, weather conditions, or even debris in the roadway can shift the balance of liability.
One common but often overlooked risk in Ohio is highway construction. From 2020 to 2024, the state saw over 22,000 work zone crashes, leading to more than 8,000 injuries and 90 fatalities. Construction zones demand slower speeds, extra caution, and quick decision-making. If another driver failed to adjust to those conditions, their negligence could carry more weight — even if you were speeding.
What to Do After a Motorcycle Accident If Speeding Was a Factor
Document everything
Thorough documentation can make a significant difference in how a case is evaluated. Take photos of the scene, vehicle damage, road conditions, and any visible injuries.
Similarly, request a copy of the police report and collect contact information from any witnesses. These details may help clarify what actually happened and how fault should be assigned.
Avoid admitting fault
In the aftermath of a crash, it’s best to speak carefully. Even casual remarks at the scene can later be used to argue partial or full responsibility. Stick to the facts and avoid making assumptions or apologies until all the circumstances have been reviewed.
Consult an experienced attorney
When speeding may have played a role, it’s essential to speak with an attorney who understands how Ohio’s comparative negligence laws apply. At Slater & Zurz, we have extensive experience filing motorcycle accident claims and lawsuits, including cases where speeding was a factor. We offer free consultations and only get paid if we win.
Contact our team today at 330-762-0700 to understand your legal options and protect your right to compensation.
Motorcycle Crash Lawsuit FAQs
Can you file an insurance claim if you were speeding in a motorcycle accident?
Yes, it’s still possible to file a motorcycle accident claim. Insurance adjusters will consider speeding as a factor, but it doesn’t automatically void a claim. Compensation may be reduced depending on how much the speeding contributed to the crash.
Does speeding always mean you’re at fault in a motorcycle crash?
No. Speeding can be a contributing factor, but fault is determined based on the full circumstances, including the other driver’s behavior, road conditions, and more.
Who can be held liable in a motorcycle accident in Ohio?
Liable parties may include the other driver, a commercial vehicle operator, or even a third party such as a road maintenance contractor or vehicle manufacturer, depending on the cause of the crash.
Can I sue if the other driver didn’t see me on my motorcycle?
Yes, failure to notice or yield to a motorcyclist is a common cause of accidents and may be considered negligence. This is especially true in left-turn and lane-change collisions.
What happens if both drivers were speeding in a motorcycle accident?
When both parties were speeding, fault is divided based on each person’s contribution to the crash. As long as one party is less than 51% at fault, they may still recover reduced compensation under Ohio’s comparative negligence laws.
Written by Michael Schmeltzer
Michael, a partner at Slater & Zurz, represents clients in a broad range of complex cases, including catastrophic personal injury, construction accidents, trucking and motorcycle collisions, product liability, wrongful death, nursing home negligence, and medical and professional malpractice.
