Government statistics suggest that motorcyclists face a significantly higher risk of fatalities and injuries compared to car occupants, with the likelihood of death being approximately 26 times higher and the chances of injury about five times greater. In motorcycle accident cases, insurers often point fingers at the rider. To secure your entitled compensation, rely on John Foy & Associates for a skilled personal injury attorney in Atlanta. With their expertise in handling such claims, you can trust them to advocate fiercely for your rights and ensure you receive every penny of damages you deserve.
What to Do After Being in a Motorcycle Accident in Atlanta
After an accident, it’s crucial to gather comprehensive information. If there’s another driver involved, ensure you obtain their contact details. Look for witnesses and note down their names and contact information. Capture photographs of the crash scene and any involved vehicles. Notify the police promptly to file an official report. If you sustain injuries, dial 911 for immediate medical assistance.
Keep in mind not to provide a recorded statement to any insurance company, including your own, without consulting a personal injury attorney first. It’s vital to contact all insurance companies, but you have the right to legal representation during this process.
Motorcycle injury lawyers in Atlanta will safeguard you against making statements that could be used against you later.
Difference Between Motorcycle Accidents and Auto Accidents
When you hop on a motorcycle, it’s just you and the open road, and that’s what makes the ride so enticing. However, this intimacy with the road also heightens the risk of accidents and subsequent injuries. Shockingly, nearly 96% of single-vehicle motorcycle accidents lead to some form of injury.
Unlike cars and trucks equipped with an array of safety features, motorcycles rely primarily on protective gear like helmets and clothing. Moreover, their two-wheeled nature renders them more vulnerable to losing control, especially in adverse conditions.
Due to the considerable force at play when a rider or passenger is ejected from the motorcycle, these accidents often result in severe head and neck trauma.
Who Is at Fault for an Atlanta Motorcycle Accident?
Establishing fault following a motorcycle accident is crucial for seeking compensation. Without determining liability, you can’t pursue damages. An Atlanta motorcycle accident attorney can assist in investigating liability, enabling you to initiate the process of obtaining rightful compensation.
Common Causes of Atlanta Motorcycle Accidents
In motorcycle accidents, much like in any vehicular mishap, driver distraction or error often plays a significant role. Yet, the consequences of motorcycle crashes tend to be more devastating due to several factors. Motorcycles are inherently less visible on the road compared to cars or trucks, and riders lack the protective measures afforded by larger vehicles.
Remarkably, a quarter of motorcycle accidents occur without any involvement of another vehicle. Instead, the rider collides with a stationary object or encounters a road obstacle. Various factors can contribute to these crashes, including:
- Road imperfections such as potholes or water accumulation
- Instances of driving under the influence
- Malfunctioning traffic signals
- Obstructed stop signs due to overgrown trees
- Flaws in road design
- Excessive speed
- Driver distraction
- Disregard for traffic signs and signals
- Sudden maneuvers by other motorists encroaching on the motorcycle’s path
Comparative Negligence in Motorcycle Accident Claims
Georgia’s comparative negligence law, outlined in governs liability in accidents involving multiple parties. Under this law, the compensation you receive hinges on your degree of fault in the accident. If you were less than 50% at fault, you’re eligible for compensation, but if your fault exceeds 50%, your claim may be denied.
The absence of a predetermined damages award means your compensation depends on proving the extent of each party’s liability. Partnering with an Atlanta motorcycle accident attorney is crucial in gathering evidence to ascertain fault percentages. This evidence guides negotiations for settlement and informs legal strategies if the case proceeds to court.
How Much Is Your Atlanta Motorcycle Crash Claim Worth?
Following an investigation into your accident and establishing liability, our team of motorcycle injury attorneys is poised to assist you in evaluating your damages and determining the complete value of your claim. Estimating the worth of your case independently can prove complex.
Anticipating future losses stemming from the accident and assessing non-economic damages such as permanent disability can pose significant challenges for those unacquainted with the process.
Typical Damages in a Motorcycle Accident Lawsuit
In the event of a collision involving two vehicles, the responsible party and their insurance provider bear the liability for resulting damages. Yet, establishing fault necessitates evidence. Your legal representative specializing in motorcycle accidents can enlist skilled investigators to diligently bolster your case. You retain the entitlement to seek compensation for various aspects, including:
- Medical bills
- Projected future medical expenses
- Income lost due to inability to work
- Diminished earning potential
- Repair costs for your motorcycle
- Endured pain and suffering
- Permanent disability
- Loss of companionship
- Deteriorated quality of life
- Emotional distress
Punitive Damages
Punitive damages serve to penalize the negligent party for their actions and deter future misconduct. These damages may be pursued if the negligence of the other party leads to significant harm or disability. However, it’s important to note that punitive damages are not commonly awarded.
Proving punitive damages can be complex. Your attorney specializing in Atlanta motorcycle accidents can assist in gathering evidence to demonstrate the other party’s criminal negligence or malicious intent. The compensation you receive hinges on the extent of your injuries and their impact on your daily life
Wrongful Death in an Atlanta Motorcycle Accident Claim
The Insurance Information Institute records approximately 8.4 million motorcycles traversing our roads. As per the 2019 fatality statistics released by the Insurance Institute for Highway Safety, motorcycle-related fatalities constituted 13% of all motor vehicle crash deaths. Sadly, in numerous cases, motorcyclists bear the ultimate consequences of another’s negligence.
When a loved one is lost, the impact resonates across various aspects of life. Atlanta wrongful death attorneys may offer assistance in seeking compensation to alleviate unforeseen expenses, such as:
- Funeral and burial expenses
- Loss of companionship
- Diminished enjoyment of life
- Loss of future earnings
- Emotional anguish and suffering
Filing a Motorcycle Accident Lawsuit in Atlanta
Bringing forth a motorcycle accident lawsuit offers the opportunity to secure a larger compensation than what an insurance settlement might provide. Despite the substantial effort involved in navigating a legal dispute while recuperating from an injury, a skilled motorcycle accident attorney can manage all facets of your case, enabling you to prioritize your recovery journey.
Pursuing a Personal Injury Claim for a One-Vehicle Accident
Contact an Atlanta motorcycle accident lawyer if you’re injured in a solo crash. Various factors like road defects (like potholes or pooled water), malfunctioning traffic lights, obscured stop signs, and hazardous road layouts could contribute to the accident. Those accountable for road upkeep might bear responsibility in such instances.
Filing Separate Claims for the Motorcyclist and Passenger
When both the driver and passenger seek to pursue personal injury claims, they’ll each handle separate cases. If another driver is responsible, both can file claims. While it’s possible for the same lawyer to represent them in certain situations, conflicts of interest may arise at times.
Motorcycle Passengers Filing a Claim
As a passenger involved in a motorcycle accident, it’s highly likely that you bear no responsibility for the incident. You possess the entitlement to pursue a personal injury claim, seeking compensation for your injuries. A proficient attorney can assist you in pursuing accountability from the motorcyclist, other motorists, or any other party deemed liable.
Time Limits to File a Motorcycle Accident Claim in Atlanta
Certainly! The timeframe for submitting a motorcycle accident claim is crucial. According to Georgia Code § 9-3-33, generally, you have a two-year window following the accident to file your claim. Yet, this period might be shorter, especially if you’re pursuing a claim against a municipality or government body.
Acting promptly is imperative due to several urgent factors. Witnesses may become unavailable, testimonies may alter, and evidence might vanish over time. Engaging your Atlanta motorcycle accident attorney swiftly ensures greater safeguarding of your interests.
What an Atlanta Motorcycle Accident Lawyer Can Do for You
As you focus on recovering from your injuries with proper medical care, a motorcycle accident attorney can handle the legal aspects, ensuring your bike is either replaced or repaired while they manage your legal responsibilities. This allows you to concentrate on your health while they undertake various actions, including:
- Investigating the collision by visiting the crash site and analyzing evidence
- Identifying the liable party
- Securing expert witness testimony to demonstrate negligence
- Assessing your total damages
- Negotiating with the insurance company to secure rightful compensation
- Representing you in all legal proceedings
- Handling deadlines, legal requirements, and settlements for your claim
Navigating these legal complexities alone can be daunting. A seasoned motorcycle accident attorney possesses deep knowledge of relevant laws and is adept at countering insurance companies’ tactics aimed at diminishing or denying your claim.
Your attorney will guide you through these challenges, ensuring you receive the compensation you deserve post-accident. Moreover, since many motorcycle accident attorneys operate on a contingency fee basis, you won’t incur any upfront costs; their fees are contingent upon your successful recovery of compensation.
Contact John Foy & Associates to Get the Help You Need
Looking for a seasoned local team to handle your motorcycle accident claim? Look no further than John Foy & Associates. As one of Atlanta’s most reputable firms, we boast over 100 dedicated employees committed to assisting individuals like you who’ve suffered injuries in accidents.
Get in touch with us today to discover how we can aid your recovery process. We provide complimentary consultations, without any strings attached, exclusively for motorcycle accident victims in Atlanta.