Atlanta Motorcycle Accident Attorneys

Georgia law requires that all motorcyclists wear protective headgear. Because the vast majority of motorcycle deaths result from head injuries, it is in your best interest to wear a properly fitted motorcycle helmet.

Yet, despite the law and common sense, sometimes motorcyclists do not wear helmets and are involved in accidents. Although the fact that you were not wearing a helmet at the time of the accident should not prevent you from recovering damages due to someone else’s negligence, it is a critical factor that the insurance companies will consider when making a settlement offer.

A skilled Atlanta motorcycle accident attorney can help prove your case and pursue a larger settlement than the insurance company initially offers.

Georgia uses a “comparative negligence” framework for personal injury claims when awarding damages to injured parties. Just because you believe you may have been partly at fault in causing your motorcycle accident, it may not necessarily preclude you from bringing a legal claim.

In cases where it is determined that injured parties are partially at fault for an accident, the court will reduce their recovery amounts by the percentage they are found to be at fault. For example, if the court finds that an injured party was 20% at fault for the motorcycle accident that caused their injuries, the resulting damage award is reduced by 20%. However, if the court finds that an injured party is 50% or more responsible for causing the accident, they may be barred from recovering any damages.

Your local Atlanta motorcycle personal injury attorney can evaluate your case and help you determine if you may be partially at fault for your accident.

The legal system is complex and can be overwhelming. It is beneficial to consult with a knowledgeable, reputable motorbike accident lawyer with significant experience handling such cases as soon as possible. A lawyer can evaluate your case, listen to your concerns, and counsel you on whether you have a solid claim. They can then work to build robust arguments.

In doing so, they can:

• Identify, collect, and analyze all relevant reports and statements
• Conduct an independent investigation of the accident scene and other physical evidence
• Preserve as much material evidence as possible
• Gather and analyze your medical records
• Hire any necessary expert witnesses and reconstruction specialists to help determine liability
• Interview witnesses, submit written questions to the defendant that they must answer under oath, and conduct necessary depositions
• Negotiate with the defendant’s insurance company on your behalf to seek a fair settlement
• Be ready, willing, and able to head to trial (if necessary)

In some egregious accident cases, victims can recover additional compensation known as punitive damages. These damages punish the responsible party. However, they are not available to every motorcycle accident victim and are limited by Georgia law.

You may claim punitive damages if the other driver was grossly negligent or acted intentionally or with malice to harm you. Examples of situations that might lead to punitive damages include accidents where the responsible party deliberately violated traffic laws.

When someone dies due to another person’s negligence, it is referred to as wrongful death. Wrongful death claims can occur when a motorcycle driver or passenger is killed during the crash or dies because of injuries sustained in the crash.

Surviving family members can file a lawsuit against the offender, seeking to recover compensation for the victim’s final expenses, including medical crash-related expenditures and funeral costs, lost income, pain and suffering, loss of companionship, and loss of consortium.

Yes. Everyone who was injured in a motorcycle accident, whether the motorcycle driver or their passenger, has the legal right to file a personal injury suit seeking compensation from the responsible party.

However, in cases where the motorcycle driver had some responsibility for the accident, their claim could be barred or reduced due to Georgia’s comparative negligence statute.

Georgia’s personal injury laws include time limits for filing motorcycle accident claims. Known as the statute of limitations, specific time limits depend on several factors, including the type of claim and the defendant. After most motorcycle accidents, victims have two years from the accident date to file a claim for damages.

If the defendant was a government entity (e.g., the state of Georgia or a city), that time frame is compressed.

Generally, victims should seek legal counsel as soon as they feel up to doing so after an accident. Swift legal intervention can help preserve the right to seek compensation. It can also be easier to obtain relevant evidence to support your claim before significant time has passed.

Engaging an attorney to help with your motorcycle accident claim means you have a knowledgeable advocate in your corner, fighting for your right to pursue fair compensation.

While your lawyer’s specific actions will depend on the facts and circumstances of your claim, they are likely to take the following steps on your behalf:

• Investigate. Your personal injury firm can analyze the crime scene, obtain and interpret police reports, gather witness statements, and seek to reconstruct the accident to build a robust claim for damages.
• Consult with experts. In many motorcycle accident claims, victims’ cases are made stronger through testimony from medical experts, vocational professionals, economists, accident reconstructionists, and others who can use their subject matter expertise to establish liability, value damages, and testify about the nature and extent of victims’ injuries.

Negotiate/litigate. Your lawyer can communicate and negotiate directly with the other party and their insurance company, arguing for the compensation you deserve. Your attorney can also help you understand whether a proposed settlement is fair. If the other party’s insurer is unwilling to agree to a reasonable settlement, your legal team can argue your case in court.