Marietta Motorcycle Accident Attorneys

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.

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.