Van Sant Law LLC Home
Motorcycle Accidents
“After my son was injured in a serious motor vehicle accident, I contacted Mr. Van Sant to help me with his case. I could feel the compassion he had for my son and never doubted his dedication to making sure we obtained the best possible outcome.”
(Larry J. – car accident client)
If you've been hurt in a motorcycle accident due to someone else's mistake, the Van Sant Law team is here to help. We want you to know about the compensation to which you may be entitled. Our Atlanta motorcycle accident lawyers work on a no-win, no-fee basis, meaning we only get paid if you get fair compensation for your injuries and property damage.
Your claim's outcome depends on factors such as the intent behind the injury, its severity, and your current and future medical bills. We also consider your post-accident earning ability and settlements from similar cases. David M. Van Sant, our lead attorney, is a nationally recognized trial attorney. He's been acknowledged by Georgia Super Lawyers as one of the state's top attorneys — only 2.5% of lawyers earn this distinction. Trust us to fight for the compensation you deserve.
An aggressive and knowledgeable injury attorney for motorcycle accidents will work to see that medical costs, lost wages (including those in the future), and, in certain cases, emotional pain and suffering are all sought after. Recent statistics from the National Highway Safety Administration (NHTSA) show us that more than 103,000 persons were injured and 5,154 killed in motorcycle collisions in just one year. Riders need someone who will look out for their rights and fight for maximum compensation on their behalf. Trike accidents are also the cause of serious injuries, resulting from defective manufacture of the trike or inadequate training by the establishment renting this glider out to the general public.
What are the most common causes of motorcycle accidents in Georgia? It is estimated that 56% of motorcyclists who die were involved in a collision with another vehicle. Most of these accidents are head-on collisions and only 5% result from a rear collision. Another common cause is when a car makes a left-hand turn. In fact, 42% of all motorcycle accidents were caused when a motorcycle collided with a vehicle that was turning left. The motorcyclist may have been going straight through the intersection or could have been passing the car. Regardless of the reason, motorists need to look in their mirrors and check their blind spots before turning. In traffic jams, motorcyclists are allowed to drive between lanes of traffic. This, however, has its own dangers as they are driving so close to other vehicles and could be hit if they changed lanes. Determining what caused your accident is important so that you can prove fault and secure compensation. To determine possible causes and solutions for your specific case, speak with one of our skilled Atlanta motorcycle wreck attorneys.
Upholding the Rights of Motorcyclists in Atlanta, Alpharetta, and ALL of GeorgiaMotorcyclists and trike riders are much more prone to injury from accidents and some of these injuries can be catastrophic. A crash can cause the rider to collide with both an automobile and the road, worsening their injuries and bringing about a complete loss of their vehicle. Crush injuries, traumatic brain injuries, broken bones, spinal cord injuries and many other types of motorcycle injuries can leave the victim in dire need of help. Even if your injuries were not severe, you deserve just compensation.
The Atlanta motorcycle accident lawyers at our firm worked defending leading national insurance companies for years. We know what insurance adjusters and lawyers will do to deny or delay a claim. As an experienced motorcycle law firm, we have seen the tactics used by them, designed to get individuals to take a fast and highly insufficient payment as a settlement. Let our experienced motorcycle accident attorneys throughout Metro Atlanta go to work for you, aggressively using our knowledge for the best possible outcome in your case.
Van Sant Law, LLC, has multiple locations throughout Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, Sandy Springs, and Gainesville. Contact us today!
FAQI am Considering Getting a Motorcycle. What Are Some Safety Tips I Should Be Aware of Before I Hit the Open Road?
Motorcyclists should follow the same general safety measures that all drivers follow. However, motorcycles, by their nature, expose their riders to more elements and therefore have the potential to be more dangerous than “regular” vehicles. Here is a list of a few safety measures that all motorcyclists should take to heart:
- Take a motorcycle safety course. For obvious reasons, driving a motorcycle is quite different from driving a 4-wheel car. Motorcycle driving techniques, including how to safely handle traffic, turn, and brake require some instruction and practice. The Georgia Department of Driver Services Motorcycle Safety Program provides information for beginners as well as experienced riders who wish to take instructional courses.
- Always inspect your bike before you ride. Just as a pilot thoroughly checks his or her plane from top to bottom before flying, riders should inspect their bikes before they ride each and every time. Things to look for are adequate fluids and properly functioning brakes, gears, mirrors, and chains. Maintaining adequate tire pressure is also very important.
- Wear protective gear. On a motorcycle, you are quite exposed to the weather elements as well as the cement, other cars, and trees. Wearing a properly fitted motorcycle helmet, sufficient protective eyewear, thick pants, jackets, gloves, and boots will provide you with some protection if you are in an accident. Additionally, it is a good idea to wear bright and visible clothing.
- Do not hit the road in the rain or snow (or on a windy day). Wet and icy roadways are dangerous for cars and even more so for motorcycles. Slippery surfaces and motorcycles are not a good combination. Never head out in the snow or if there is a chance it might snow; if you are caught in the rain, immediately find shelter and wait for at least 30 minutes before riding again. Windy conditions are also not ideal for motorcycle riding.
What if I Wasn’t Wearing My Helmet When I Got Into a Motorcycle Accident?
Georgia law requires that all motorcyclists wear protective head gear. And, since 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. While the fact that you were not wearing a helmet at the time of the accident should not, alone, prevent you from recovering damages due to someone else’s negligence, it is an important factor that the insurance companies will consider when making a settlement offer. A skilled Atlanta motorcycle accident law firm near you will be able to help you prove your case and possibly get a larger settlement offer than what the insurance company will initially offer. Learn more about how not wearing a helmet can impact your motorcycle accident claim.
If I Was Partially at Fault for My Motorcycle Accident, Can I Still Recover Damages?
With respect to personal injury claims, Georgia uses a “comparative negligence” framework 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 percent at fault for the motorcycle accident that caused his or her injuries, the resulting damage award is reduced by 20 percent. However, if the court finds that an injured party is 50 percent or more responsible for causing the accident, he or she may be out of luck from recovering any damages. Your local Atlanta motorcycle personal injury attorneys at Van Sant Law, LLC, will evaluate your case and help you determine if you may be partially at fault for your motorcycle accident.
Why (and When) Should I Contact a Lawyer to Represent Me in My Motorcycle Accident Case?
The legal system is complex and can be overwhelming. It is of great benefit to consult with a knowledgeable, reputable motorbike accident lawyer with significant experience in handling such cases as soon as possible after your accident. A top motorcycle accident lawyer will evaluate your case, listen to your concerns, and provide you with counsel as to whether you have a strong claim to pursue. Going forward, your motorcycle lawyer will then go to work to make your case as strong as possible. In doing so, they likely will:
- 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 all of your medical records
- Hire any necessary expert witnesses and reconstruction specialists to help determine liability
- Interview witnesses, submit written questions to the defendant that he or she must answer under oath, and conduct any necessary depositions
- Negotiate with the defendant’s insurance company on your behalf in order to obtain the maximum possible settlement
- If necessary, be ready, willing and able to head to trial
In some egregious accident cases, victims can recover extra compensation known as punitive damages. These damages are designed to punish the responsible party. However, they are not available to every motorcycle accident victim, and they are limited by Georgia law. You may be able to claim punitive damages in cases where the other driver was grossly negligent, or acted intentionally or acted with malice to harm you. Examples of situations that might lead to punitive damages include accidents where the responsible party deliberately violated traffic laws.
Can a victim’s family members sue for wrongful death after a motorcycle accident?
When someone dies due to another person’s negligence, it is referred to as wrongful death. Wrongful death claims can arise in any type of personal injury scenario, including motorcycle accidents 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 crash-related medical expenses and funeral costs, lost income, pain and suffering, loss of companionship, and loss of consortium.
What if a driver and injured passenger want to file separate personal injury claims? Is this allowed?
Yes. Everyone who was injured in a motorcycle accident, whether as the motorcycle driver or their passenger, has the legal right to file their own personal injury suit seeking compensation from the responsible party. However, in cases where the motorcycle driver had some responsibility for the accident, it is possible that their claim could be barred or reduced due to Georgia’s comparative negligence statute.
Are there deadlines for filing motorcycle accident claims in Georgia?
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 date of the accident in which 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. This 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.
How can an attorney help motorcycle accident victims?
Engaging an attorney to help with your motorcycle accident claim means you have a knowledgeable advocate in your corner, fighting for your right to receive full and fair compensation. While your lawyer’s specific actions will depend largely on the facts and circumstances of your claim, he or she is likely to take the following steps on your behalf:
- Investigate: Your personal injury firm will 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 expert testimony from medical experts, vocational professionals, economists, accident scene experts, 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 will communicate and negotiate directly with the other party and its insurance company, arguing for the compensation you deserve. Your attorney will 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 will argue your case in court.
Motorcycle Accident Attorneys Serving Metro Atlanta
Looking for the best motorcycle accident lawyer in your area? Let our experienced Atlanta motorcycle accident lawyers go to work for you, aggressively using our knowledge for the best possible outcome in your case. Contact us today.
Contact Us Today for a Motorcycle Accident Attorney Consultation
