Roughly 12% of all deadly traffic collisions in Georgia involve motorcyclists. When a car hits a motorcycle, it’s usually the motorcycle driver who pays the price. Motorcyclists are more likely to be injured than car or truck drivers and suffer severe and life-changing consequences.
Injuries from a motorcycle collision can range from minor scrapes to more serious ones, including internal bleeding or fractured bones. It might even result in a spinal or traumatic brain injury.
Although some injuries may be treated quickly after an accident, others take time to emerge and ultimately worsen. Few people have the resources to fight back against an insurer’s primary interest in shifting the responsibility of the accident on the motorcycle driver.
Motorcycle accident victims in Atlanta should contact an expert Atlanta motorcycle accident lawyer if they have been involved in a collision. If you or a loved one has been involved in a motorcycle crash, we can help. At the Law Offices of Mathew C. Hines, we have a team of Atlanta motorcycle accident lawyers who are ready to fight for your rights.
Steps To Take After a Motorcycle Accident
Here are some things you need to do if you get into a motorcycle wreck in Atlanta.
- Seek medical treatment: This is especially true in motorcycle accidents, where you may be suffering from hidden injuries such as brain trauma or internal bleeding.
- Report the incident to the authorities: The authorities will examine the scene of the accident, interview any witnesses, and try to discover what exactly caused it.
- Seek legal advice from an Atlanta motorcycle accident lawyer: You should expect to hear from the insurance provider and be asked to give a statement. Since anything you say could have an impact on your legal proceedings, you should consult with your attorney first.
The insurance company might offer you a check as a settlement. Don’t take it if it’s less than what you’ve lost or spent. While this may seem like a quick and easy solution, it may actually be restricting your ability to file additional claims in the future, even though the check doesn’t fully compensate you for your losses.
Determining Fault in Motorcycle Accidents
If you were injured in a motorcycle accident, we would need to determine who was at fault. Here are the factors that are considered in establishing liability for your claim:
- Duty of care: There must have been a duty of care on the part of whoever caused the accident. Those who drive on public roads have a responsibility to the public to drive safely and respect traffic rules.
- Breach of the duty: Someone who falls short of what is required by law is negligent.
- Causation: The accident must have been caused by the driver’s negligent actions.
- Quantifiable losses: To meet this requirement, you must have incurred physical harm with quantifiable damages, such as medical expenses or lost income. Intangible damages, such as pain and suffering, can also be pursued once the bodily injury has been established.
Georgia drivers should be aware of the comparative negligence rule. Anyone wishing to pursue a compensation claim should take this into consideration. Any injured party shall get the compensation that is equivalent to their share of the blame for the accident if it has been found that numerous parties were responsible. For example, if the motorcyclist was 20% at fault and the other driver was 80% at fault, the motorcyclist may claim reimbursement for 90% of the damages they incurred.
However, a unique comparative negligence system in Atlanta keeps motorcycle accident victims from receiving any compensation for damages if the jury allocates more than 50% of the responsibility to them. As such, a motorcyclist who was 90% liable in a collision can’t get any recompense.
What Are the Most Common Causes for Motorcycle Collisions?
There are a number of factors that can lead to a motorcycle accident, such as:
- Lane changes: Drivers are more likely to miss a motorcycle in their blind spot than cars or trucks. Because of this, motorcycles have a higher risk of being forced off the road when cars suddenly change lanes in front of them.
- Road hazards: Compared to other types of vehicles, motorcycles are more vulnerable to road hazards. With their compact and less sturdy nature, motorcycles are more susceptible to potholes and other road imperfections such as slick pavement, unequal elevations between lanes, and more.
- Overspeeding: Motorcyclists and automobile drivers are at risk since speeding reduces handling ability, demands a quicker reaction time, and extends the braking distance. Motorcycle riders must be mindful of their own pace and watch out for any vehicles traveling at excessive speeds.
- Inexperienced drivers: The risk of an accident increases dramatically if you or another motorist lacks appropriate expertise in driving.
- Impairment due to alcohol: Many motorcycle accidents are caused by intoxicated riders. There is no excuse for driving after drinking, but this is especially true if you’re in the position of being particularly vulnerable to injury.
Nevertheless, most accidents are caused by someone’s negligence. A motorcycle accident lawyer could help you collect the recompense you deserve if the accident was caused by somebody else.
What Compensation Can You Expect for a Motorcycle Accident?
When filing a case for a motorcycle wreck, you must prove that another party’s negligence caused you to incur damages. Your attorney will determine the financial and non-financial losses that you suffered as a result of the collision so that you can receive the compensation you deserve.
After a motorbike accident, you may be able to collect compensation for damages such as:
- Medical bills
- Lost earnings
- Property damage
- Wrongful death
- Mental anguish
- Pain and suffering
- Punitive damages
Seek the Legal Assistance of an Atlanta Accident Lawyer
These types of injuries can be life-altering. If they were caused by someone else’s negligence, you might be eligible to receive recompense with the help of a qualified Atlanta motorcycle attorney. At the Law Office of Matthew C. Hines, we assure you that we’ll do everything in our power to get you the maximum amount of compensation that you’re due.
If you have been involved in a motorcycle accident, don’t hesitate to call us at (770) 941-0913 to schedule a free consultation to discuss your case. Our Atlanta motorcycle accident lawyers are here to help.