Motorcycle accidents in Georgia have been on the rise, and it is important for all motorists to understand the state’s traffic laws and how to share the road safely. Unfortunately, not all drivers pay enough attention to motorcycle riders, which can lead to devastating accidents.
If you are a motorbike enthusiast and are involved in an accident, it is crucial to know your rights and the steps to take to seek compensation for damages. If you have been injured in a motorcycle accident, it is important to seek the guidance of an experienced personal injury attorney.
At Joe Durham Jr., P.C., our Dublin motorcycle accident lawyers have the knowledge and expertise to help you pursue the compensation you deserve. We will fight on your behalf against the other parties involved to ensure that you receive the best possible outcome. Contact us today to schedule a consultation.
How Can a Motorcycle Accident Lawyer Help With My Compensation Claim?
Review Your Case
The first thing a Dublin motorcycle accident lawyer will do is provide you with all the necessary information regarding your claim and help you understand your chances of success.
This will help you manage your expectations and avoid any unrealistic assumptions about the compensation you may receive. Your motorcycle attorney is an invaluable resource for answering any questions you may have about the claims process, as they have experience dealing with similar cases.
Gather Evidence
Your attorney from Joe Durham Jr., P.C. will conduct a thorough investigation to gather all the necessary evidence to support your motorcycle accident claim. They work with experts, including independent investigators, doctors, police, and insurance companies to establish the facts and build a strong case on your behalf. Your attorney will approach the matter with care to ensure that your chances of receiving compensation are not jeopardized.
Negotiate a Settlement
After gathering evidence to support your claim, your Joe Durham motorcycle accident attorney will attempt to negotiate an out-of-court settlement with the party at fault. A settlement outside of court can be a quicker and less costly option for both parties involved.
Your motorcycle attorney will use the evidence they have gathered to make a convincing argument for a specific settlement amount. They will keep you informed throughout this process and ensure that you understand the potential compensation at stake.
Represent You in Court
If the other party doesn’t agree to an out-of-court settlement, your attorney will take your case to court. They will compile and process all the evidence gathered to present it to the jury, with the goal of convincing them to award you a specific amount. Your motorcycle accident lawyers will provide justifications for this amount and work to persuade the jury to see that you receive fair compensation.
What Are the Most Common Causes of Motorcycle Accidents?
Motorcycle accidents are caused by a combination of both avoidable and unavoidable circumstances. Some of them include;
- Unsafe lane changes
- Drivers opening car doors without checking their side mirrors
- Speeding
- Driving or riding under the influence
- Lane splitting
- Sudden stops by other drivers and motorists
- Inexperienced drivers who do not understand traffic laws and cannot make a proper decision
- Left-turn accidents
- Improper road conditions
- Unroadworthy motorcycles
- Unexpected pedestrians on the road
Motorcycle Accident Statistics in Georgia
Riders of motorcycles face a higher risk of injury or death due to the reduced protection provided by their vehicles in the event of an accident. According to statistics, there are over 80,000 motorcycle-related injuries and over 5,000 fatalities in the United States annually.
Despite motorcycles comprising only 3% of registered vehicles, they make up 14% of all traffic fatalities. Urban areas and high-capacity roads pose a higher risk for riders, especially during weekends and clear weather conditions when more riders are out.
In Georgia, head-on collisions are the most common type of motorcycle accident resulting in fatalities, with left turn accidents accounting for over 40% of these accidents, followed closely by sideswipe and lane splitting accidents.
What Are the Motorcycle-Specific Laws in Georgia?
Georgia law requires all motorcycle riders to have a Class M license or endorsement to operate a motorcycle legally on public roads. The license or endorsement can be obtained by passing a written and practical test or completing a motorcycle rider safety course approved by the Georgia Department of Driver Services.
Furthermore, Georgia has a mandatory insurance law that applies to all motorists, including motorcycle riders. The minimum liability insurance coverage required for motorcycles is $25,000 per person for bodily injury, $50,000 per accident for bodily injury to multiple people, and $25,000 per accident for property damage.
It’s essential for motorcycle riders in Georgia to be familiar with these laws to avoid potential legal issues or accidents.
What Are the Most Common Injuries Seen in Motorcycle Accidents?
Due to the lack of protection that motorcycles offer, riders are at a higher risk of sustaining fatal injuries when involved in an accident. Some of the common injuries that riders suffer from include:
- Broken bones
- Traumatic brain injuries
- Spinal cord injuries
- Lower extremity injuries
- Internal injuries
- Road rash
How is Fault Determined in a Georgia Motorcycle Accident?
Determining fault in a Georgia motorcycle accident can be complex due to various factors involved in the crash. Liability and compensation are determined based on these factors. Georgia follows a comparative negligence system where liability is divided based on each party’s responsibility for the accident.
This means that a motorcycle rider can still receive compensation even if they were partly at fault for the accident. The court assigns a percentage of fault to each party, and if the rider’s responsibility is less than 50%, they are eligible for compensation. However, the compensation amount is reduced according to the percentage of fault assigned to them.
Gathering evidence is crucial in determining the faulty party. Your motorcycle attorney should collect as much evidence as possible, including reports from professionals such as doctors and independent investigators, and recreate the accident scene to present to the jury. This evidence can help you receive the compensation you deserve.
What Type of Compensation Can I Receive for My Motorcycle Accident?
Economic Damages
Economic damages in a Georgia motorcycle accident case refer to losses that can be objectively measured in monetary terms. These losses can be supported by receipts, invoices, and professional assessments. Examples of economic damages include medical bills, motorcycle repair or replacement costs, lost wages, and expenses related to care and rehabilitation.
Non-economic Damages
Non-economic damages refer to losses that are subjective and do not have a specific monetary value. They cover intangible losses that cannot be easily calculated, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. These damages can be challenging to prove and are often subjectively assessed by a jury or judge.
Punitive Damages
Punitive damages are meant to punish the at-fault party for their actions and to deter them and others from engaging in similar behavior in the future. These damages are usually awarded in addition to compensatory damages and are designed to send a message that such behavior will not be tolerated.
Why Would My Motorcycle Accident Claim Be Denied?
There are various reasons why your motorcycle accident claim could be denied. These reasons include but are not limited to:
- The policy of the faulty party was canceled or had lapsed
- The driver was not covered by the policy
- The comparative liability analysis found that you were responsible for more than 50% of the fault
- You did not prove that you were hurt after the accident
- There is a suspicion that the injuries you suffered from were caused by another event and not the accident
Are There Time Limits to Filing a Claim in Georgia?
In Georgia, the statute of limitations for personal injury claims is two years from the date of the accident. However, if the claim is against a city or county, the claim must be filed within six months.
For wrongful death claims, family members have two years from the date of their loved one’s death to file a claim. It’s important to keep these time limitations in mind, as failure to file within the set time limits can result in being barred from seeking compensation.
Get Help From A Skilled Dublin Motorcycle Accident Lawyer
Consider reaching out to Joe Durham Jr., P.C. if you were injured in a motorcycle accident and need assistance in pursuing compensation. With the help of an experienced and skilled Dublin motorcycle accident lawyer, you can increase your chances of receiving the compensation you deserve while focusing on your recovery.
Call us at 229-210-6226 today for a free case review, and we won’t charge any upfront costs. Furthermore, you won’t owe us anything if we don’t win your case!
