Motorcyclists may suffer broken bones even when they are wearing protective gear. There are different classifications of broken bones. These include closed fractures, hairline fractures, compound fractures, displaced fractures, complete fractures, incomplete fractures, compacted fractures, and comminuted fractures.
Liability for Broken BonesYou may seek to hold a negligent driver responsible for your broken bones. In court, you will need to show by a preponderance of the evidence that a driver failed to use reasonable care and thus caused your broken bones. A driver can fail to use reasonable care in many ways. They may fail to yield, speed, tailgate, drive while texting, drive while drunk, weave, or fail to obey traffic signs and signals. Often, motorcycle accidents occur in intersections where a driver is not looking out for a motorcyclist and fails to see him or her while making a left turn. Your attorney will need to establish a causal link between another driver's failure to use reasonable care and your broken bones to recover damages from that driver. Additionally, your damages from the broken bones should be quantifiable.
Comparative NegligenceGeorgia follows the rule of modified comparative negligence. This means that your damages will be reduced by an amount equal to your percentage of fault. If you are found 50% or more responsible for your broken bones, you will not be able to recover damages at all. Knowing this, an insurer for an at-fault driver is likely to scrutinize your actions before the collision to see if you bear partial or full responsibility for your broken bones. Insurers are aware that jurors are often biased against motorcyclists and assume that motorcyclists are at fault. It is important to retain a seasoned attorney who has a solid reputation with insurers, is unafraid to go to trial, and knows how to present your story.
Product LiabilitySome motorcycle accidents are caused by a defective component in the motorcycle. A motorcycle component may be defective in terms of manufacturing or design. In Georgia, you may be able to recover damages from a manufacturer under a theory of strict liability, negligence, or breach of warranty.
DamagesIf we can establish liability for your broken bones, we should be able to recover compensatory damages on your behalf. These can include both economic and non-economic losses, such as medical bills, lost wages, replacement services, surgical bills, rehabilitation, therapy, pain and suffering, loss of enjoyment of life, loss of consortium, and lost earning capacity. The amount and scope of the damages will depend on the severity of your broken bones and the treatment necessary for them. Some broken bones heal easily. However, there are also situations in which a break is complex. When there is an open complex fracture, you may require internal fixation with screws, plates, and pins in an expensive surgery. With comminuted fractures, you may need surgeries; the cost of the surgeries may be compensable. Sometimes physical rehabilitation or therapy is necessary after certain types of broken bones in motorcycle accidents.
Discuss Your Options With an Atlanta AttorneyIf you sustained broken bones in a motorcycle accident, you should talk to the seasoned personal injury lawyers at Van Sant Law. We represent clients throughout Georgia. We have offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, and Gainesville. We can sign you up electronically without face-to-face interaction when needed, but we can also visit you in your home. Call us at 855-GA-INJURY or complete our online form.