Motorcycle crashes often lead to some of the most catastrophic injuries. Although less common than traditional motor vehicle accidents, these collisions are becoming more prevalent in Atlanta, a city that accounts for roughly 42% of motorcycle-related incidents in the state of Georgia.
If you’ve been involved in a motorcycle accident, getting expert legal advice is crucial before time runs out. Our Atlanta motorcycle accident lawyers at the SHElaw firm are ready and willing to listen to the details of your accident and help you with any legal action you may want to take.
How Can a Motorcycle Accident Lawyer Help With My Compensation Claim?
Hiring an experienced accident attorney to represent you is a must. Our attorneys at SHElaw firm will help you at every stage of the process.
Building a Case
We understand the laws surrounding motorcycle accidents in and around the Atlanta region and are here to guide you through the legal process. You don’t need to go through this alone! Our lawyers will investigate your accident, determine who is liable, and gather evidence to support your case.
Determining the Value of Your Claim
Because a lot goes into determining the total amount you can receive, you need a legal professional by your side. We work with experts to determine what your case is worth.
Settlement Negotiations and Litigation
It is difficult to get the maximum settlement from the insurance company on your own. Our Atlanta motorcycle accident lawyers have the necessary skills, knowledge, and experience to negotiate a fair settlement on your behalf.
If the insurance company refuses to offer a fair settlement, we are ready to take your case to trial.
What Are the Most Common Causes of Motorcycle Accidents?
Motorcycle accidents can occur for many reasons. However, these are a few of the most common reasons why these types of accidents occur:
- Distracted Driving – Far too many people are distracted when driving. Common distractions include talking on the phone, texting, or trying to change the radio station.
- Driving Under the Influence – Sadly, many still get behind the wheel after consuming drugs and/or alcohol. Driving under the influence can lead to delayed responses and accidents.
- Not Sharing the Road – Not everyone likes sharing the road with motorcyclists. However, when a driver refuses to share the road properly, it can cause an accident.
- Pedestrians – If someone is crossing the street unexpectedly, it can cause a driver or motorcycle rider to swerve out of the way. This could cause a collision with other motorists.
Motorcycle Accident Statistics in Atlanta, GA
Motorcycle accidents are on the rise in Georgia, with a 22% increase in motorcycle-related fatalities between 2017 and 2019. In 2019 alone, roughly 4269 collisions involving motorcyclists occurred. While the numbers are increasing throughout the state, the city of Atlanta has the record for the most motorcycle crashes, accounting for a staggering 42% of motorcycle collisions in Georgia.
What Are the Motorcycle-Specific Laws in Georgia?
Georgia has specific laws for motorcyclists. Individuals must follow these laws before getting on their bikes and heading out into traffic.
- You must have a valid motorcycle license.
- Anyone riding a motorcycle, whether operating it or sitting behind the person operating it, must have a helmet on at all times.
- Motorcyclists must wear protective eyewear or install a windscreen.
- Motorcyclists are not allowed to lane split.
- All motorcyclists must also have a rear-view mirror attached to the bike, enabling them to see what’s happening behind them.
- The number of people on a motorcycle can’t exceed how many it’s designed to carry.
What Are the Most Common Injuries Seen in Motorcycle Accidents?
Once a motorcycle accident occurs, an individual can sustain countless injuries, some of which are incredibly life-threatening and require immediate medical attention. Several of the most common injuries sustained from these types of accidents include:
- Broken Bones – Colliding with a vehicle or falling off your motorcycle can cause broken bones throughout the body. A severe impact can even cause a broken pelvis.
- Head Injuries – Not only can motorcycle riders end up with a concussion, but they may also suffer from blunt force trauma and brain bleeds due to the crash.
- Road Rash – Even when wearing protective clothing, such as a leather jacket, a motorcyclist can sustain road rash.
While these are a few of the common injuries sustained, motorcyclists can end up with countless injuries to their hands, face, and body because of a motorcycle accident.
How Is Fault Determined in an Atlanta Motorcycle Accident?
When motorists head out on the road, they have a duty of care, which is a responsibility where they agree to follow the rules of the road and drive safely. If someone breaches the duty of care through negligence, they can be held liable for causing an accident. Negligence would include driving under the influence of drugs or alcohol, driving while distracted, speeding, or failing to follow road rules.
Georgia follows the modified comparative negligence rule if both parties share some of the responsibility for the accident. This means the victim can recover compensation as long as he or she is less than 50% at fault. If you are judged 30% at fault, you will only receive 70% of the compensation.
What Type of Compensation Can I Receive for My Motorcycle Accident?
When involved in a motorcycle accident in Atlanta, Georgia, you may be entitled to the following damages:
These damages refer to anything that impacts your finances, such as loss of income from taking time off work to recover, costly medical expenses, and damage to your motorcycle. You will need evidence such as medical bills to support your claim for compensation.
These damages include the physical and mental suffering you’ve experienced because of the accident. Many people experience depression and PTSD after getting into accidents. You can seek compensation for diminished quality of life if you are left disabled and can’t enjoy activities you loved.
If you can prove that the at-fault party was extremely reckless or caused your motorcycle accident intentionally, you can receive punitive damages. Georgia law limits punitive damages to $250,000, but this does not apply if the defendant was impaired by alcohol or drugs.
Why Was My Motorcycle Accident Claim Denied?
The insurance company may have denied your claim for several reasons. For example, suppose you’re making a claim because you’ve sustained injuries leading to chronic back pain. In that case, the insurance company may try to claim that it’s a pre-existing condition based on your medical records.
In another scenario, you may not have received immediate medical attention, causing the insurance company to question your motive and assume you’re not really injured. Many people feel fine initially but suffer the health and medical-related consequences of an accident later down the line.
Of course, most insurance companies don’t care and will attempt to do anything they can to avoid a costly payout to an injured individual.
In some instances, the policy was canceled or lapsed. Sometimes you’ll receive a denial because the insurance company doesn’t believe the other motorist was responsible for the accident, so they essentially blame you and refuse to pay you for the claim.
The good news is that we’re here to help you get through this situation. Even if the insurance company denies your claim, we can continue to fight for you and help you receive the compensation you deserve after experiencing a motorcycle accident.
Are There Time Limits to Filing a Claim in Georgia?
Yes! There are time limits to filing a claim in Georgia. You need to obey these limit limits to avoid losing your right to seek compensation. You have two years from the date of your motorcycle accident to file a personal injury claim. After a fatal accident, the family must file a wrongful death case within two years.
Don’t risk the possibility of losing an opportunity to file a lawsuit against the negligent party and receive compensation. Get in touch with us today to discuss your case!
Contact our Trusted Atlanta Motorcycle Accident Lawyers Today!
If you have been in a motorcycle accident, it can leave you with painful injuries, costly medical expenses, and lost income from taking time off work to recover. Fortunately, Georgia law allows you to seek compensation.
Hiring an experienced accident attorney to represent you is a must. Insurance companies are notorious for attempting to pay the bare minimum or even deny legitimate claims. For the average person, it’s frustrating and hard to deal with companies like these, but our team knows how to handle the insurance companies with ease.
At the SHElaw firm in Atlanta, GA, we take pride in helping our clients achieve the best possible results. We understand our clients are personally going through a lot, from dealing with painful injuries to the emotions that come along with being involved in such a serious accident, but we’re here to help.
If you’d like to find out if you have a claim worth filing, reach out to us for professional legal advice. Call us at 470-378-1162 or fill out our contact form today to arrange a free consultation.