When a Driver Doesn't See You, Your Life Changes in Seconds

Southwest Ohio is motorcycle country — from commuters on I-675 and U.S. 35 to weekend riders on the rural routes of Montgomery, Greene, and Miami Counties. But riding means depending on drivers to see you, and the most common thing injured riders hear after a crash is "I never saw the motorcycle." Left-turning vehicles at intersections, drivers drifting into your lane, and sudden stops in traffic put riders in the hospital every week in the Dayton area.

Without a steel frame, airbags, or seat belts, motorcyclists absorb the full force of a collision. Road rash, broken bones, traumatic brain injuries, and spinal damage are common — and expensive. For over 30 years, Terry W. Posey has fought to make the driver who caused the crash, not the rider, pay those costs.

No Fee Unless We Win: Free consultation, contingency fee representation. You pay no attorney fee unless we recover compensation for you. Call 937-236-6444.

The Biggest Obstacle Isn't the Law — It's Bias Against Riders

Insurance adjusters (and sometimes juries) start from a stereotype: motorcyclists are reckless risk-takers. Adjusters use that bias to blame riders for crashes caused entirely by inattentive drivers, hoping to trigger Ohio's comparative negligence rule and slash your recovery.

Bias is not evidence. Ohio law reduces your compensation only by your proven percentage of fault, and bars recovery only if you were more than 50% at fault. We answer the stereotype with facts: scene photographs, skid and gouge marks, witness statements, vehicle damage patterns, and professional accident reconstruction when the case calls for it.

Ohio's Helmet Law — and the Insurance Company's Favorite Argument

Ohio requires helmets only for riders under 18 and first-year novice license holders. If you were legally riding without a helmet, expect the insurer to argue your injuries are your own fault anyway. That argument can be challenged — especially where a helmet would not have prevented the injuries at issue — and we know how to push back.

Common Causes of Dayton-Area Motorcycle Crashes

  • Left-turning drivers who fail to yield at intersections
  • Distracted and texting drivers drifting across lanes
  • Unsafe lane changes and blind-spot collisions
  • Drivers following too closely
  • Road hazards — potholes, gravel, and construction debris
  • Dooring in urban traffic

Serious Injuries Need Every Available Insurance Dollar

Motorcycle injuries routinely exceed Ohio's minimum liability coverage of $25,000 per person. We look beyond the at-fault driver's policy to every source of recovery — your own uninsured/underinsured motorist coverage, umbrella policies, and additional liable parties — because a serious injury shouldn't be capped by someone else's cheap insurance.

You generally have two years from the crash to file suit in Ohio. Dayton-area cases that don't settle are usually tried in the Montgomery County Court of Common Pleas, where Terry Posey has practiced for three decades.

Related pages: Car Accidents · Truck Accidents · Wrongful Death · All Personal Injury Services

Motorcycle Accident FAQs

Does Ohio require helmets, and does not wearing one hurt my claim?

Helmets are required only for riders under 18 and first-year novice license holders. Insurers may still argue a helmet would have prevented your injuries — we challenge that argument with medical and biomechanical evidence.

The adjuster is blaming me because I ride. What now?

Don't accept it, and don't give a recorded statement. Fault must be proven, not presumed. We build the evidence record that puts blame where it belongs.

How long do I have to file a claim?

Generally two years from the date of the crash under Ohio Revised Code 2305.10. Read more: Ohio's accident filing deadline.

What if the driver who hit me is underinsured?

Your own UM/UIM coverage may apply — and pursuing it does not raise your rates for an accident that wasn't your fault. We review every policy in play.