Rider's Arm Injuries in Motorcycle Accidents
Motorcyclists and their passengers have only gear to protect them in case of a crash. Even when they are not going at high speeds, they may sustain catastrophic injuries after hitting the ground or another vehicle. Rider’s arm is a common and painful injury. People who sustained rider’s arm injuries in motorcycle accidents should call the experienced Atlanta motorcycle accident lawyers at Van Sant Law. We may be able to represent you.Rider’s Arm Injuries in Motorcycle Accidents
Rider’s arm is a condition in which a motorcycle accident results in damage to the nerves in the upper arm. Often, the injury happens when a rider’s bike falls on his arm during a crash. Rider’s arm can occur in any type of motorcycle accident. It is not the cause of the crash that determines whether you get injured in this way. Instead, it is how you landed and whether a motorcycle landed on top of your arm.
Rider’s arm can affect your radial, ulnar, and median nerves, along with the brachial plexus. You could experience loss of feeling or movement in your arm. Under other circumstances, your symptoms may not be evident. You might not feel symptoms for days or weeks after a crash.Liability for Rider’s Arm Injuries in Motorcycle Accidents
To recover damages for rider’s arm after a motorcycle accident, we will need to establish that someone else was at fault for those injuries. Many motorcycle accidents are caused by drivers of larger vehicles who fail to notice or yield to a motorcyclist. To establish that another driver was liable for rider’s arm injuries, you will need to prove negligence in most cases. Your attorney will need to show that the defendant owed you a duty to use reasonable care, the defendant departed from the duty to use reasonable care, the departure caused your injuries, and you suffered damages. A defendant may depart from the duty to use reasonable care by speeding, weaving, tailgating, failing to obey traffic signs and signals, drunk driving, or texting while driving. You will need to show that the departure caused your rider’s arm injuries.
As a passenger on a motorcycle driven by someone else, you may be able to recover damages for rider’s arm from the motorcyclist under a theory of negligence. You will need to establish that the motorcyclist failed to abide by the duty to use reasonable care and that you were injured as a result of that failure.Comparative Negligence
Georgia follows a rule of modified comparative negligence. This means that the jury will determine the damages and assign fault to everyone responsible for the injuries. Your damages will be reduced by an amount proportionate to your fault. For example, if you were speeding and were knocked off your bike by a car whose driver failed to yield, a jury may find that you were partially to blame for your own arm injuries. You will not be able to recover damages if you are found 50% or more at fault.Damages
If we can establish liability, we may be able to recover compensatory damages on your behalf. The amount of these damages will depend upon how serious your rider’s arm injury is and the nature of it. In some cases, rider’s arm requires first aid measures like a cast or brace. A broken bone may need to be set, or a dislocated joint may need to be pushed into place. If your arm injuries are severe, you may need surgery. You may not be able to work again. Compensatory damages can include both economic and non-economic losses, including lost wages, medical bills, pain and suffering, mental anguish, out-of-pocket expenses, loss of enjoyment of life, and replacement services.Retain an Atlanta Attorney
Victims who sustained rider’s arm injuries in motorcycle accidents caused by someone else should talk to the seasoned personal injury attorneys at Van Sant Law. We represent clients throughout Georgia, and we maintain offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, and Gainesville. We are an adapting and safety-conscious law firm. We can sign your case up electronically, without face-to-face interaction. However, we can also visit you in your home if you prefer. Contact us at 855-GA-INJURY or via our online form.