As a rider, the injuries you might sustain in a motorcycle accident can be devastating or, worse, fatal. Most motorcycles offer very little protection in a collision with a car, truck, or another vehicle. However, it is often the driver and not the motorcyclist who is responsible for the accident.
The worst thing about motorcycle accidents is that medical bills are waiting for you. You should also expect to lose income while you recover and face insurers who want to blame you for the accident instead of taking responsibility. We can help! We have a team of experienced Atlanta motorcycle accident lawyers who can help you get the justice and rightful compensation you deserve.
Call The Herro Law Firm at (404) 433-6876 for a free consultation with our experienced auto accident lawyers in Atlanta. We will protect your rights and help negotiate with insurance companies to recover the compensation you deserve.
How Can a Motorcycle Accident Lawyer Help With My Compensation Claim?
Motorcycle accidents often lead to severe and life-changing injuries, and the process of recovering compensation is stressful and complicated. Furthermore, insurance companies will try to get away with paying less than you deserve.
You don’t have to handle your case alone. Our motorcycle accident lawyers in Atlanta, Georgia, can help you with the following:
If you get involved in a motorcycle crash, collecting evidence to support your case is critical. But, you may be too seriously injured to do this. That is where our Atlanta motorcycle accident lawyers come into the picture. They will help you gather the crucial evidence you need to win your lawsuit.
We will collect evidence, investigate the accident, obtain and review photos and CCTV footage, and take statements from witnesses. Furthermore, we will examine all your medical documents from the hospital and help you create a powerful compensation claim for you.
Filing Your Claim
The claims process can be long and daunting and is the last thing you’ll want to deal with. We can handle all this for you, including filling out paperwork, answering calls, and obtaining a detailed record of your losses.
Insurance companies will try to persuade you to settle for a lower amount of compensation than you deserve. However, Atlanta motorcycle accident lawyers will protect you from being exploited by insurers. We will negotiate with insurance on your behalf and fight for a favorable settlement amount.
Taking Your Case to Trial
Most motorcycle accident cases are settled out of court. However, if the insurance company refuses to reach a fair settlement agreement, we will prepare your case for trial and also provide you with quality and effective representation in court. Our Atlanta motorcycle accident lawyers have a proven track record of successfully tackling personal injury cases in court.
What Are the Most Common Causes of Motorcycle Accidents?
Many motorcycle accidents are completely avoidable if other road users take the necessary precautions. There are lots of different factors that may contribute to a motorcycle accident on Georgia roads.
From our experience, the leading cause of motorcycle crashes is larger vehicles failing to give the right of way. This could happen as a result of driver distraction, lower visibility of motorcycles, aggressive driving, or other forms of negligence.
Some of the most common causes of motorcycle accidents include:
- Distracted Driving
- Drunk Driving and Drugged Driving
- Reckless Driving
- Poor Road Conditions
- Improper Turns
- Unsafe Lane Changes
Motorcycle Accident Statistics in Georgia
According to a report by the National Safety Council, 3% of all registered vehicles in the US are motorcycles. But motorcycles accounted for 14% of fatalities in vehicle crashes in 2017. In Georgia, motorcycles represent 2% of the total number of registered vehicles but account for a significantly greater number of fatalities every year.
In 2019, the NHTSA reported a total of 154 motorcycle fatalities in Georgia. This represents 11% of the total traffic fatalities in the same year. Fatalities have been increasing steadily in recent years – 139 in 2017, 154 in 2018, 170 in 2019, and 179 in 2020.
What Are the Motorcycle-Specific Laws in Georgia?
Motorcyclists are required to adhere to all the traffic laws that other motorists follow on Georgia roads. However, there are a few laws that are on that only apply to motorcycles:
No Lane Splitting
Since motorcycles are smaller than cars, motorcyclists often split lanes to zip through traffic. This usually means riding the white line dividing lanes of traffic. Georgia law does not allow lane splitting.
A Limit of Two Bikes on a Single Lane
Motorcycles are small enough to travel side by side on one lane, and motorcyclists are therefore allowed to share lanes. This practice can sometimes increase the safety of motorcyclists, for instance by providing greater visibility at night. Georgia laws allow two motorcyclists to ride in one lane side by side.
Mandatory Helmet Requirement
While it might feel nice to let your hair flow in the wind, this experience isn’t exactly safe. Georgia laws require that you must wear a helmet while riding on its roadways.
Eyewear or Windshield Requirement
A motorcyclist’s eyesight is crucial for their safety and the safety of other drivers. Georgia requires that you must wear protective eyewear or have a windshield on your bike.
What Are the Most Common Injuries in Motorcycle Accidents?
Motorcycles offer very little protection in the event of a crash. Because of this, riders often suffer severe or even fatal injuries.
The most common injuries seen by our motorcycle accident lawyers include:
- Head Injuries and Brain Injuries
- Spinal Cord Injuries
- Neck Injuries
- Broken Bones
- Road Rash
How Is Fault Determined in an Atlanta Motorcycle Accident?
Proving fault in a motorcycle accident in Atlanta can be a daunting task. However, this is crucial if you want to get your rightful compensation.
To hold someone liable for a motorcycle accident, you need to prove that they were at fault in the accident. Fault is usually based on the concept of negligence, which is defined as the failure to take adequate care in the context of a specific situation.
When it comes to proving negligence, the following elements have to be established:
- Duty of Care: The defendant owed you a duty of care, in this case, all motorists have to be careful on the road.
- Breach of Duty of Care: The defendant breached this duty by not following traffic rules or by driving recklessly, while intoxicated, etc.
- Causation: The defendant’s breach of duty directly resulted in the motorcycle accident and your injuries.
- Damages: You suffered compensable damages as a result of your injuries, such as extensive medical bills and substantial lost wages.
Georgia follows the comparative negligence rule, which prohibits you from recovering compensation if you’re found to be 50% or more at fault for an accident. Your compensation will be reduced by your share of fault, so if you were 20% responsible for the accident, your compensation award will be 80% of the damages.
What Type of Compensation Can I Receive for My Motorcycle Accident?
The compensation you will receive for a motorcycle accident in Atlanta may include:
Motorcycle accident victims can recover these damages as compensation for monetary losses. They include medical expenses, loss of income, and property damage.
Riders hurt in a motorcycle accident can recover these damages as compensation for non-monetary losses or losses that don’t have a dollar figure, e.g., emotional distress, pain and suffering, and reduced quality of life.
While uncommon, punitive damages are awarded to riders hurt by drivers found to have acted in a malicious or extremely negligent manner. A skilled Atlanta motorcycle accident lawyer will work on your behalf to secure punitive damages.
Why Was My Motorcycle Accident Claim Denied?
Some of the most common reasons that motorcycle accident claims are denied include:
- The auto insurance policy had already been canceled or lapsed.
- The driver was not covered under the policy.
- Insurers believe your actions caused the accident.
- They don’t believe you suffered injuries.
- They believe you had preexisting injuries and the accident did not cause your injuries.
If your claim was denied for any of these reasons, all is not lost. An experienced motorcycle accident lawyer can review your policy and dispute the decision if your claim was denied unfairly.
What Is the Deadline for Filing a Motorcycle Accident Claim in Georgia?
The time limit for filing a personal injury compensation claim if you get into a motorcycle accident in Atlanta, Georgia, is two years. However, there might be exceptions if:
- You were a minor at the time of the accident.
- You were deemed legally incompetent due to cognitive disability or mental illness.
At The Herro Law Firm, our motorcycle accident lawyers will ensure your case is filed correctly and on time.
Contact Our Atlanta Motorcycle Accident Lawyers Today!
The road to recovery after sustaining injuries in a motorcycle accident is long. From financial burdens to physical and emotional suffering, the journey is arduous. You don’t have to go through the struggle alone.
At The Herro Law Firm, we have a team of experienced motorcycle accident lawyers in Atlanta who can help you get justice and the rightful compensation you deserve. Give us a call today at (404) 433-6876 for a free review of your case.