The emotional and physical consequences of a motorcycle crash can have a devastating effect on your life and could last for weeks or even years. The consequences of your crash could not only affect you but also those who love and depend on you. As the victim of another person’s negligence, you reserve the right to pursue compensation for your injuries by filing a claim. Our East Point motorcycle accident lawyers can assist you in seeking compensation for injuries sustained in a motorcycle wreck.
Motorcycle accident compensation claims in Georgia are governed by what is known as the comparative negligence rule. With comparative negligence, there is a chance that your shared negligence in the crash could affect your chances of receiving max compensation for damages and injuries sustained. Therefore, as a motorcycle accident victim, you are advised to consider hiring a professional personal injury attorney and have them help you with your case.
A reputable motorcycle accident attorney can provide you with the legal assistance and counsel you need at this crucial time. Get in touch with us at Humphrey & Ballard Law today at 404-341-0499 and schedule a no-obligation consultation with our car accident lawyers for a free case review.
How Can a Motorcycle Accident Lawyer Help With My Compensation Claim?
The East Point motorcycle accident lawyers at Humphrey & Ballard Law will help you with your case from the moment you get in touch with us for assistance with your crash to the moment you receive compensation for your injuries and damages. Here is a look at how our motorcycle crash attorneys can be of assistance to you:
Case Review
Our attorneys will first review your case to determine if you are eligible to pursue a claim. They then will explain to you how accident claims work so you understand your odds right from the get-go. This is vital as it’ll help you tame any unrealistic expectations you may have had regarding your claim as several factors are used to determine how much you’re eligible for. After reviewing your case, your attorney will know what course of action will best suit your claim and will advise you accordingly.
Gathering Evidence
Once we’ve taken on your case, your assigned motorcycle accident lawyer will start gathering evidence to support your claim. Our attorneys work closely with other experts like doctors, independent investigators, insurance companies, and the police to establish facts and always use due diligence to avoid jeopardizing your chances of receiving the compensation you deserve.
Negotiating a Settlement
After they’ve collected the evidence they need to build a case worth pursuing, they’ll then engage the other party’s insurance provider to see if they are willing to settle things out of court. Your attorney will negotiate terms for you based on facts presented and try to convince the at-fault party to pay a specific amount for damages and injuries sustained.
Represent You in Court
If the at-fault party’s insurance provider refuses to settle out of court, our attorneys are ready and willing to file a lawsuit and argue out your case before a judge or jury for resolution. Our attorneys are experts at representing accident victims and have a proven track record when it comes to winning compensation for those in need.
What Are the Most Common Causes of Motorcycle Crashes?
Motorcycle crashes are generally the result of a combination of both unavoidable and avoidable circumstances, which include:
- Speeding
- Lane splitting
- Unsafe lane changes
- Left-turn accidents
- Sudden stops by other riders and motorists
- Poor road conditions
- Unexpected pedestrians on the road
- Unroadworthy motorcycles
- Inexperienced riders/drivers who don’t understand traffic laws and can’t make a proper decision
- Driving while under the influence
- Drivers opening car doors without checking their side mirrors
Motorcycle Accident Statistics in Georgia
Since motorcycles offer very little protection, the likelihood of a motorcycle rider getting injured in an accident is quite high. On average, the U.S. records well over 80,000 injuries by motorcyclists who get involved in crashes. Of these, 5,000+ riders lose their lives due to the injuries sustained. While motorcycles only account for about 3% of all registered vehicles in the country, the number of motorcyclists (and their passengers) who succumb to motorcycle crashes make up about 14% of all traffic-related fatalities.
Statistically, bikers are more likely to get involved in crashes when riding on high-capacity roads or urban areas when the road is clear and during the weekends. That’s because most riders love to ride their bikes when the weather is clear and on their off days. A majority of motorcycle crashes in Georgia are head-on collisions, which are generally devastating and often fatal. Left-turn accidents, on the other hand, account for over 40 percent of accidents. Lane splitting accidents and sideswiping follow closely.
Does Georgia Have Motorcycle-Specific Laws?
Georgia has several laws that apply to all road users; however, as a rider, there are a few that you should know to avoid breaking the law and stay safe on the road. As a motorcycle user in Georgia, you need to understand the difference between lane filtering, lane splitting, and lane sharing.
According to Georgia law, lane splitting is prohibited meaning that you’d be in trouble if you got involved in a crash while doing this. State laws also forbid lane filtering, which isn’t that dissimilar to lane splitting. Furthermore, the laws don’t allow lane sharing (two bikes traveling side by side on a single lane.)
Besides, Georgia motorcycle use laws specify that motorcyclists should safely operate their motorcycles and always take the necessary safety measures. Riders are required to ensure that their bikes have the necessary lights and that they wear the correct safety gear, which includes a helmet that’s approved by the state’s safety standards as prescribed by Georgia’s Board of Public Safety.
What Are Some the Most Common Injuries in Motorcycle Accidents?
As we’ve already seen, motorcycle users are more likely to sustain fatal injuries when involved in a crash as their bodies are more exposed to hazards during a crash. Some of the most common injuries sustained by bikers include:
- Road rash
- Broken bones
- Internal injuries
- Traumatic brain injuries
- Lower extremity injuries
- Spinal cord injuries
How Is Fault Determined in an East Point Motorcycle Accident?
Determining fault in motorcycle accidents isn’t that straightforward since several factors are considered when determining liability and how much will be paid out in compensation. Since Georgia uses the comparative negligence system, liability is divided between the two parties depending on how responsible each of the parties was in the crash. As an injured rider, you still can get compensated for your damages even if you were partially responsible for the accident.
The courts in Georgia assign a percentage to either party’s fault, and so long as you aren’t responsible for more than 50 percent, you’re still eligible to receive compensation. However, it’s worth noting that the amount you receive will be minus the percentage you were at fault.
What Type of Compensation Can I Receive for My Motorcycle Accident?
The total amount you can receive as compensation for injuries sustained after a motorcycle crash is a summation of three types of damages. These are:
Economic Damages
These are generally awarded to cover losses with definite monetary value and are objective. Economic damages can be proved by reports from assessments performed by professionals and receipts. These damages cover the cost of care, medical costs, lost wages, damages sustained, rehabilitation costs, etc.
Non-Economic Damages
These cover damages with no definite monetary value and are subjective. The losses covered by non-economic damages have no tangible value, something that often raises a lot of contention. Losses covered include depression, reduced quality of life, stress, and loss of consortium, etc.
Punitive Damages
These damages are generally awarded as a means to punish the at-fault party. They are often only awarded if it’s determined that the offender was extremely negligent and their actions need to be punished for them to learn a lesson.
Why Was My Motorcycle Accident Claim Denied?
Your motorcycle wreck claim could be denied due to a variety of reasons, including:
- You didn’t prove that you sustained your injuries during the accident.
- The at-fault party’s policy was canceled or had already lapsed before the accident happened.
- The at-fault party had no insurance cover.
- After comparative analysis, it was determined that you’re more than 50% at fault for the accident.
- There’s suspicion that you sustained your injuries in another incident and not the crash.
Is There a Time Limit to Filing a Motorcycle Claim in Georgia?
According to Georgia’s statute of limitations, victims of motorcycle accidents have two years from the day they got injured to file a claim. For cases involving a county or city in Georgia, victims have six months to file a claim. If you lost a loved one through a motorcycle wreck in Georgia, please note that you only have two years (from the day your loved one died) to file a wrongful death claim.
Get Legal Assistance from a Reputable East Point Motorcycle Accident Lawyer
If you’ve been involved in a motorcycle wreck and need the service of a professional East Point motorcycle accident lawyer, then you’ve come to the right place. Our attorneys are experienced legal experts with the skills and knowledge required to help and guide you through the claims process in Georgia. We are ready and willing to take on your case and fight to ensure that you get well compensated for your injuries and damages.
Contact Humphrey & Ballard Law today for a free consultation and case review. Please note that we do not charge any upfront fees for our services. At Humphrey & Ballard Law, we operate on a contingency fee basis, meaning if we fail to win your claim, you owe us nothing!
Call 404-341-0499 now to get started.
