While motorcycle riders have the same rights to the road as other drivers under Georgia law, other road users do not always respect motorcyclists’ rights and fail to exercise caution when driving near them. In an accident, motorcycle riders and passengers may suffer severe or life-threatening injuries.
If you suffer an injury in a motorcycle crash caused by another party’s reckless or careless actions, you have a right to pursue legal action against the person responsible for the crash.
Don’t let another person’s negligent, careless, or reckless actions cost you everything! With the help of an experienced Scottdale motorcycle accident lawyer from the SHElaw firm, you can recover compensation for your losses. Call our auto accident lawyers at 470-378-1162 to get help with your motorcycle accident claim today.
How Can a Scottdale Motorcycle Accident Lawyer Help With My Compensation Claim?
While the process of filing a motorcycle accident claim is similar to other motor vehicle accident claims, insurance adjusters and jurors have a bias against motorcycle riders. As a result, getting justice can be difficult.
Our Scottdale motorcycle accident lawyers at SHElaw firm are skilled at collecting evidence, dealing with insurance companies, and will diligently fight to negotiate a fair settlement. If insurers deny your claim or will not offer a fair settlement, we are prepared to take your case to court and fight for the compensation you deserve.
We have the skills, resources, experience, and dedication you want on your side. There is zero risk in finding out how our team can help with your motorcycle accident case. We offer a free consultation, and you pay nothing until we win compensation for you.
What Are the Most Common Causes of Motorcycle Accidents?
Many motorcycle accidents occur due to a negligent driver failing to yield to your motorcycle. The following are a few causes of motorcycle accidents in Georgia:
- Distracted Driving: Using a phone, eating, and texting are all driving distractions. These distractions make it more challenging to anticipate danger and take appropriate action.
- Failure to Pay Attention to Motorcycles: A driver may not notice your motorcycle when you are in front. Such a driver might strike your bike from behind when you stop at a crosswalk or stop sign.
- Drunk Driving or Drugged Driving: According to statistics, half of all motorcycle collisions result from intoxicated drivers.
- Faulty Mirrors, Brakes, or Lighting: Your motorcycle will perform poorly if its mirrors, brakes, or lights malfunction.
- Unexpected Pedestrians on the Road: If a pedestrian walks into the street suddenly when they don’t have the right of way, an accident could easily happen if you don’t take action right away.
Motorcycle Accident Statistics
The most recent Georgia traffic safety fact sheet claims motorcycle riders are consistently overrepresented in traffic fatalities even though motorcycles only account for 2% of registered vehicles. In 2019, motorcycles were to blame for 11% of traffic and 21% of driver fatalities.
Georgia’s fatal motorcycle accident rate has steadily increased in the last few years. 139 people passed away in 2017, 154 in 2018, 170 in 2019, and 179 in 2020. The number of motorcycle fatalities increased by 22% between 2017 and 2019.
What Are the Motorcycle-Specific Laws in Georgia
Motorcycles in Georgia are subject to the same traffic laws as cars and trucks. However, a few Georgia laws are exclusive to motorcycles, including:
- No splitting lanes: Motorcycle riders can easily maneuver through traffic and change lanes because bikes are smaller than cars. Georgian law bars riders from lane splitting.
- Two bikes per lane: Motorcycles can easily fit side by side in one lane. According to Georgia’s laws, two motorcycles can share a single lane, side by side.
- Wear helmets: While it may feel nice to let your hair blow in the wind, it is unsafe. Georgia roads require all riders to wear helmets.
- Use safety glasses or a windshield: Your visibility determines your road safety. Georgia motorcycle policy requires you to have a windshield or wear eye protection when riding a bike.
Georgia courts might rule you ineligible for compensation if you had not followed one of these rules during the accident. Talk to a skilled motorcycle accident attorney in Scottdale, GA, to understand the different motorcycle laws and how they can impact your claim.
Common Injuries Seen in Motorcycle Accidents
Any body part – from the head to the legs – can sustain injuries in a motorcycle accident. Motorcycle riders are more likely to sustain the following injuries:
- Broken bones: Most fractures occur when you collide with a stationary or moving object. You can easily break your shoulder and pelvis bones in such a crash.
- Road rash: Occurs when you crash and slide along the ground. The injury can be painful and debilitating depending on how far you slide.
- Head and brain injuries: According to an NHTSA study of 104,472 motorcycle riders hurt in accidents, severe head and brain injuries occurred in 15% of those who wore helmets and 21% of those who didn’t. Traumatic brain injuries claimed the lives of 54 percent of the riders in this group.
- Spinal cord injuries: A spinal cord injury can leave you paralyzed and may seriously affect your future, considering you have fewer chances of finding employment.
The above injuries are far from a comprehensive list of the injuries caused by a motorcycle crash. If you have suffered any injury in a motorcycle crash, turn to knowledgeable motorcycle accident lawyers for help.
How Is Fault Determined in a Scottdale, GA Motorcycle Accident?
Most motorcycle accidents occur due to negligence. The four elements listed below are necessary to establish negligence in Georgia:
- Duty: You must establish that the defendant owed you a duty to take certain precautions, for example by obeying traffic laws.
- Breach: A breach of duty occurs when the defendant’s actions or inaction fall short of the level of care they owe you.
- Damages: You must demonstrate a legally recognized harm in a negligence case through economic and non-economic damages.
- Causation: You must demonstrate that the at-fault party’s actions were what led to the accident.
Georgia law entitles you to some compensation even if you partially contributed to the accident. Under the modified comparative negligence rule, if a negligent driver injures you in Georgia and you need compensation, you must show that the driver was more than 50% at fault. You can’t receive compensation if you contributed 50% to an accident.
Motorcycle crashes are often quite devastating, and you will require a reputable motorcycle accident lawyer to help your gather evidence and determine fault. Our motorcycle accident lawyers in Scottdale are prepared to turn every stone to get you the compensation you deserve.
What Type of Compensation Can You Receive for a Motorcycle Accident?
The main objective of a successful motorcycle accident claim is to recover monetary compensation to help the injured party and their family get their life back on track.
Our Scottdale motorcycle accident lawyers have worked extensively with bikers hurt in motorcycle accidents.
Depending on the extent of the injuries sustained and the circumstances surrounding your crash, you could be eligible for the following damages:
Economic damages compensate you for the quantifiable costs associated with the accident. They cover accident-related medical expenses, property damage, lost wages, and diminished earning potential.
They compensate you for unquantifiable losses related to the motorcycle accident. Examples include suffering from physical pain and discomfort, mental anguish and emotional distress, and losing the enjoyment of life.
Judges and juries involved in a motorcycle accident case may sometimes award punitive damages mainly to punish the negligent party rather than compensate for your losses. E.g., The court may award punitive damages in a case involving a drunk driver.
Why Was My Motorcycle Accident Claim Denied?
Occasionally, insurance companies reject claims involving motorcycle accidents. Some of the most common reasons that insurers give for denying accident claims include:
- The policy was canceled or lapsed.
- The driver was not insured under the policy. Your insurance provider won’t cover the claim if you don’t have uninsured motorist protection.
- The insurance company believes the accident was your fault.
- They don’t think the accident is what caused your injuries.
- They don’t believe you were hurt.
Don’t lose hope if your motorcycle accident claim is denied. Our lawyers have helped many clients appeal denied claims.
Are There Time Limits to Filing a Motorcycle Accident Claim in Georgia?
There is a deadline for motorcycle accident claims in Georgia. You must file a personal injury claim within two years of the motorcycle accident. After a fatal motorcycle accident, the family must file a wrongful death claim within two years of the death.
Talk to Us for Legal Help After a Motorcycle Accident
Tragically, dreadful accidents happen when other drivers fail to exercise reasonable care and drive safely around motorcycles. Are you wondering how you will move forward with your life after a motorcycle accident?
The skilled Scottdale motorcycle accident lawyers at SHElaw firm are here to fight for the compensation and justice you deserve. We will guide you and fight for your best interests at every step – from gathering crucial evidence to determine fault to negotiating a fair settlement.
Contact us at 470-378-1162 to schedule a free case review and discuss your legal options.