Have you or possibly a loved one been involved and injured in a motorcycle crash in Atlanta, GA?
Motorcycle accidents are a common around major metropolitan cities and they can be life changing events. If you found our page, you or a love one were probably involved in an accident and are seeking the help of an attorney to file a claim against the person that caused your injuries and damages.
Depending on the bike you ride. The number of motorcycles we see on the roadways now are higher than ever before, especially in the metro Atlanta area. As a result, the number of motorcycle accidents has risen as the number of motorcycle riders continues to increase.
According to the National Highway Traffic Safety Administration, motorcycle riders are 28 times more likely to be killed in an accident, as compared to drivers of other motor vehicles, such as cars. In 2017, over 5,000 motorcycle riders lost their lives in accidents, while nearly 90,000 motorcycle riders were injured.
Thus, it is safe to assume that riding a motorcycle exposes a person to a higher risk to be involved in an accident than driving a car.
Common Causes and Effects of Motorcycle Accidents
One of the main causes of motorcycle accidents is their inconspicuousness. Most car drivers do not see motorcyclists until it is too late. Only about 25% of motorcycle accidents are single vehicle accidents, while 75% involved another vehicle. Other negligent acts that contribute to motorcycle collisions include:
Further, motorcyclists are not as well protected compared to those traveling in cars, trucks or tractor trailers. Motorcycle accidents often lead to mild or serious injuries. Mild injuries include sprains, strains, scratches, road rash and bruises. On the other hand, serious injuries include fractures, brain injuries, spinal cord injuries, even death. Riders who wear helmets, face-shields, gloves, jackets, pants, and boots have the best chance of sustaining minor injuries.
What Should I Do After A Motorcycle Accident?
After a motorcycle accident, the three most important things to do are:
- Call 911
- Seek medical attention
- Do not talk to any insurance company
First, you need to make sure that the police officer creates a report of what happened. That way you have an unbiased report from a third-party as to what happened. Your attorney will use this to establish liability and determine the negligence of the other party or parties involved in the case. If you do not have a police report, then the insurance company will likely deny liability for your injuries and damages.
Second, whether you were hit by a car, truck, semi-truck or another motorcycle, you need to get checked out by a doctor. You deserve it and your personal injury case depends on it. If your injuries were not caused by your own negligence, the law says that the other party is responsible for your injuries and damages. And finally, you should never talk to any insurance company, even if it’s your own auto insurance company. From the moment that insurance adjuster says “hello,” they are recording the call and trying to find a way to deny liability for your potential injuries and claims. This is why it is best to hire an attorney experienced in handling motorcycle accidents from the outset.
What Compensation Am I Entitled To After A Motorcycle Accident?
After an accident, your personal injury settlement is based upon your damages. Your damages are mostly comprised of the monetary value of your injuries, medical bills, lost wages, repair or total loss valuation, pain, inconvenience and suffering. These are known as “compensatory damages.” However, if the at-fault driver engaged in egregious and wrongful conduct such as driving under the influence or hit and run, you may be entitled to additional damages known as “punitive damages.” Instead of just “compensating” you, punitive damages are designed to punish the unlawful conduct of the at-fault driver. But given that nearly 50% of fatal motorcycle accidents involve at least one driver impaired by alcohol, there is a strong chance you may be entitled to both compensatory and punitive damages after a motorcycle accident in Atlanta or the State of Georgia as a whole.
Motorcycle Accident Claims Can Be Difficult At The Beginning
Motorcyclists face an up-hill battle when it comes to seeking compensation for their injuries – even though the accident was not their fault. This is because there is a vast and inherent bias against motorcyclists, especially in an urban setting like Atlanta. Many people just assume that if there was an accident involving a motorcycle, that it must have been the motorcycle rider who was at fault.
The insurance companies know all about Georgia motorcycle accidents and they will use this bias against you when negotiating a settlement. It does not matter if someone admits liability for causing your injuries in the motorcycle accident. Whether it is a serious case or not, the greedy insurance company will still fight you tooth-and-nail for a settlement. For these reasons alone it is important to hire a motorcycle accident attorney, right away.
Can Motorcycle Passengers Recover Damages?
Unlike the driver, a passenger on a motorcycle has very little control of what happens and basically no control over the bike itself. This puts motorcycle passengers in a vulnerable position when it comes to an accident. In Georgia, the law is clear that a passenger in a motorcycle accident can recover damages for their injuries, medical bills, lost wages, pain and suffering. Your compensation for damages is not limited to just one party. Rather, your settlement can come from any combination of the motorcycle driver, the other vehicle involved (if there is one), or the motorcycle or parts manufacturer (if a part was defective).
After a serious or fatal motorcycle accident, you want a group of Atlanta motorcycle accident lawyers who are experienced riders themselves. You do not want a motorcycle injury attorney who is just book-smart about motorcycle cases. You want an attorney who rides like you and knows the law in Georgia.
Should I Hire A Lawyer For My Motorcycle Accident Case?
The answer is nearly always, “Yes!” Hiring a lawyer for your motorcycle accident case is pretty much essential because the greedy insurance companies are working against you from the very beginning. A lawyer can help to guide you through the claims process or litigation process, if your claim becomes a court case. Your lawyer will inform you of all the risks and benefits of each decision along the way. If you choose to settle your claim or case, your lawyer will help you calculate the amount of compensation that you may receive. Any settlement would include money for medical expenses, lost wages, decrease in your future earnings, future medical care, therapy, pain and suffering, mental suffering, loss of quality of life, and other claims.
How long do I have to file a lawsuit?
In Georgia, it is best for the injured party to at least try to negotiate with the insurance company before filing a lawsuit when pursing a Georgia motorcycle injury case. If the auto insurance company is not willing to pay “top-dollar,” then it may be necessary to file a lawsuit for your injuries and damages suffered because of another’s negligence.
The law in Georgia is that motorcyclists have a certain time period in which they must file a lawsuit, if they are unable to resolve the claim against the insurance company. This law is known as the statute of limitations. In Georgia, the statute of limitations for a motorcycle accident is generally two (2) years from the date of the accident. But there are many different variations to this general rule. Be sure to consult with a knowledgable Georgia motorcycle attorney today about the law and your rights.
Even though you think your case many never end up in litigation or in a courtroom, you need to hire an experienced Atlanta motorcycle accident attorney from the start. If your attorney is inexperienced in the courtroom, they will likely try to convince you to settle your case for much less than the true value.
A Motorcycle Accident Lawyer Can Help Get The Compensation You Deserve
You need a lawyer on your side who can fight. And you especially want an attorney that knows the value of your case and is not afraid of taking your case to court – if the need arises. Your lawyer will tell you what the law says about the evidence needed to prove your claims. And rather than you having to figure out how to get that evidence, your lawyer will be responsible for gathering that evidence, investigating the claims and performing any legal research. This is not easy and should be left to the experts – you do not want to do something that could jeopardize your case.
How Long Do I Have To Contact A Lawyer After An Accident?
After an accident, you shouldn’t wait long before contacting an attorney. The insurance companies have thousands of injury lawyers on retainer. It only makes sense that if they are hiring attorneys to build a case against you from the beginning, then there is no reason why you shouldn’t have an attorney on your case from the start. That way, it ensures a level playing field when it comes to your case and most importantly, your compensation.
After checking to see if anyone is injured and calling 911 to report the accident and your injuries, your next call should be to the Atlanta motorcycle accident attorneys at Georgia Trial Attorneys. We handle these cases because we know the law and more importantly because we know what it’s like to ride ourselves.
Call Our Experienced Motorcycle & Car Accident Lawyers Today
If you or a loved one have been injured or killed in a motorcycle accident in Georgia, the experienced and knowledgeable attorneys at Georgia Trial Attorneys can answer all of your questions. We will make sure that you get the medical treatment that you need and deserve. While you are focused on your physical recovery, we will take on that nasty insurance company to establish liability based on the negligence of the other driver. From there it is all about maximizing your recovery to get you the compensation you deserve. Whether it comes in the form of a settlement or a verdict from a judge or jury.
If you live in Atlanta, Norcross or anywhere in the state of Georgia and are looking for the best motorcycle accident attorneys around, call 833-4TheWin to schedule your FREE consultation today!