Common Causes of Motorcycle Accidents in Georgia
Motorcycle accidents can be caused by many different factors, including the negligence of other drivers on the road. When another party is at fault for your accident, you can file a personal injury claim to recover compensation for your damages.
Some common causes of motorcycle accidents caused by other drivers include:
- Unsafe lane changes: When a driver fails to check their blind spot before changing lanes, they may collide with a motorcyclist who is riding in their blind spot.
- Speeding: When a driver is speeding, they may not have enough time to stop if a motorcyclist is in their path.
- Distracted driving: When a driver is texting, eating, talking on the phone, or otherwise distracted, they may not see a motorcyclist in front of them or in their blind spot.
- Driving under the influence: When a driver is under the influence of drugs or alcohol, their ability to operate a vehicle safely is impaired. This can lead to a serious collision with a motorcyclist.
- Failure to yield: When a driver fails to yield the right of way to a motorcyclist, they may collide with the bike and cause a serious accident.
The Complexities of a Motorcycle Accident Claim
Motorcyclists in Georgia, like elsewhere, face unique legal challenges when seeking compensation for injuries sustained in accidents. Some of the main challenges they may encounter include:
- Bias and Stereotypes: Unfortunately, motorcyclists often contend with biases and stereotypes, with some people unfairly assuming that motorcyclists are inherently reckless. This bias can sometimes influence how juries perceive cases involving motorcyclists, potentially affecting compensation awards.
- Limited Visibility: Motorcycles are smaller and less visible than other vehicles, which can lead to challenges in proving fault or negligence in accidents. Drivers may claim they didn't see the motorcyclist, making it difficult to establish liability.
- Comparative Negligence: Georgia follows a modified comparative negligence rule, meaning that if a motorcyclist is found partially at fault for the accident, their compensation may be reduced proportionately. If the motorcyclist is deemed to be 50% or more at fault, they may be barred from recovering any compensation.
- Helmet Laws: While Georgia requires all motorcycle riders and passengers to wear helmets, failure to do so could impact a motorcyclist's ability to recover compensation. If it's determined that not wearing a helmet contributed to the severity of their injuries, their compensation could be reduced.
- Insurance Issues: Motorcyclists may encounter challenges with insurance coverage. Some drivers may have inadequate insurance or be uninsured altogether, complicating the process of seeking compensation. Additionally, insurance companies may undervalue motorcycle accident claims or engage in bad faith practices.
- Complexity of Injuries: Motorcycle accidents often result in severe injuries due to the lack of protection compared to enclosed vehicles. These injuries can be complex and expensive to treat, requiring extensive medical documentation to accurately assess damages and pursue fair compensation.
- Legal Representation: Motorcyclists may face challenges finding legal representation experienced in handling motorcycle accident cases. It's essential to work with a lawyer familiar with Georgia's motorcycle laws and who has a track record of success in handling these types of cases.
Common Myths About Motorcycle Accident Claims
When it comes to motorcycle accident claims, misinformation can lead to misunderstandings about your rights and the legal process. At Morrison & Hughes Law, we believe it’s crucial to dispel these myths to empower our clients. Here are some common misconceptions:
- Myth 1: Motorcyclists are always at fault. Many people assume that motorcyclists are to blame for accidents. However, numerous factors contribute to accidents, and liability can often lie with other drivers or road conditions.
- Myth 2: Insurance will cover everything. While insurance can help, it often doesn’t cover all expenses related to medical bills, lost wages, and pain and suffering. A knowledgeable attorney can help you pursue full compensation.
- Myth 3: You don’t need a lawyer for minor accidents. Even seemingly minor accidents can have long-term consequences. Consulting with a lawyer can ensure you understand your rights and receive fair compensation.
- Myth 4: Legal fees are too high. Many motorcycle accident lawyers, including Morrison & Hughes Law, work on a contingency fee basis, meaning you only pay if you win your case.
By understanding the truth behind these myths, you can make informed decisions about your case. Our experienced team is here to guide you through every step of the legal process, ensuring you receive the justice you deserve.
Why Do You Need a Motorcycle Accident Lawyer?
When you suffer injuries in a motorcycle accident, you may be entitled to recover compensation for your damages. However, recovering compensation is not always easy. Insurance companies will often try to minimize your injuries and your claim to save money.
An experienced motorcycle accident lawyer can help you navigate the claims process and fight for the compensation you are owed. At Morrison & Hughes, our attorneys can help you gather evidence to support your claim, calculate the full extent of your damages, negotiate with the insurance company on your behalf, and take your case to trial if necessary.
We can also help you understand the value of your claim so you do not settle for less than you deserve. Many accident victims are unaware of the true value of their claim and accept the first settlement offer from the insurance company. Unfortunately, this is often not enough to cover the cost of their injuries. Our attorneys can help you understand how much your claim is worth and fight for a fair settlement on your behalf.
Call us at (404) 238-7028 or contact us online to schedule a consultation with one of our Georgia motorcycle accident lawyers.
Our FAQ
Frequently Asked Questions
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 404-238-7028 today!
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How Long Do I Have to File a Motorcycle Accident Lawsuit in Georgia?
In Georgia, you generally have up to two years from the date of the motorcycle accident to bring a personal injury claim. If someone you love suffered fatal injuries in a motorcycle crash, you will have two years from the date of their passing, not the date of the accident itself, to file a wrongful death lawsuit. Missing the applicable deadline will prevent you from pursuing your claim and recovering any compensation, so do not wait to get legal advice.
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I Wasn’t Wearing a Helmet When My Motorcycle Crash Occurred. Can I Still Recover Compensation?
The short answer is, in many scenarios, yes, you can still recover partial compensation. If you were not wearing a helmet at the time of the accident, you were breaking a Georgia traffic law. However, not wearing a helmet does not undo the negligence of the driver who caused your accident. The precise impacts will depend on the specific facts of your case. For example, if you suffered a traumatic brain injury because of the force of impact to your head – some of which arguably could have been mitigated by wearing a helmet – it may be tougher to get full compensation for that specific injury. With that said, we are skilled litigators who understand how to effectively approach cases involving partial fault. We can walk you through how the state’s modified comparative negligence laws may influence what you can recover. No matter your situation, we will work to secure as much compensation as possible.
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How Much Is My Georgia Motorcycle Crash Claim Worth?
There are many factors that play into the value of your claim. Knowing how those factors come together and how to make an appropriate demand to the insurance company is the hallmark of an expert motorcycle crash attorney. You and your attorney will need to work together to maximize the fair value of your case, taking into consideration:
- Medical Bills: Almost all of your damages are based on how much medical care you get, including the total cost of your medical bills, and your attendance at medical appointments. In court, proof that you received care quickly and consistently is the key to a bigger verdict.
- Pain & Suffering: In addition to your medical bills, you are also entitled to compensation for loss of enjoyment of life, mental anguish, impairment of your activities of daily living, scarring or damage to tattoos, along with other types of benefits based on your pain and suffering. Our experienced Atlanta motorcycle wreck attorneys know exactly how to ask a jury to compensate you for the pain caused by a negligent or drunk driver.
- Who Hit You, and How Much Insurance Do They Have: In Georgia, most drivers carry the State minimum for auto insurance, which is $25,000.00 per person, with a $50,000.00 cap per accident. This means that the negligent driver’s insurance company could be obligated to pay out only $25,000.00 for your injuries, regardless of how hurt you are. By contrast, many commercial vehicles typically have at least $750,000.00 of auto insurance. Likewise, we highly recommend that you purchase “add on” underinsured motorist (UM) coverage. This insurance pays out when the negligent driver’s insurance is inadequate to cover your losses, and it is relatively inexpensive.
- Venue: Putting a value on your case, and what you have lost, is the job of a jury. Your lawsuit’s "venue” is the county where your lawsuit must be filed, and the county where your jury lives, so it can have a big impact on your recovery. A Cobb County, Marietta motorcycle accident may be worth more than a Cherokee County, Woodstock motorcycle accident, but less than a Fulton County, Alpharetta motorcycle accident. In general (but not always) rural juries pay out less than urban (city) juries. Understanding the venue, and how that plays into negotiations is one hallmark of a seasoned Georgia motorcycle accident lawyer.
- Punitive Damages: These are damages meant to punish the other driver. From reckless driving to intoxication to fleeing the scene of the accident, many factors can play into a punitive damages claim. Likewise, your experienced Marietta motorcycle crash attorney will have a deep understanding of insurance bad faith law.
- Death Claims: no amount of money can compensate for a death in the family. However, the law makes certain benefits available to the family or estate of a deceased cyclist in addition to the damages discussed above. These include benefits for funeral and burial costs, loss of companionship, loss of enjoyment of life, loss of future income, and the grief and emotional damage of the death.
- Other Damages: Depending upon your accident, and whether you are married, other damages may be available, such as loss of consortium. If you are unable to work due to your accident, you are entitled to lost wages and possibly a loss of future earning capacity. To get a fuller understanding of your potential recovery, contact one of our local motorcycle accident attorneys.
Passenger Claims
The passenger on a motorcycle at the time of an accident is almost never at fault for the wreck. If you were the passenger involved in a motorcycle or ATV collision, even if it was a single-vehicle collision, call us to discuss your rights.
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