Atlanta Motorcycle Accident Attorneys

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Motorcyclists and trike riders are much more prone to injury from accidents; some injuries can be catastrophic. A crash can cause the rider to collide with 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 harm can leave the victim in dire need of help. Even if the injuries were not severe, victims can pursue just compensation.

We have lawyers on our team who formerly defended leading national insurance companies for years. Thus, 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 employed to get individuals to take a fast and highly insufficient payment as a settlement. We use our knowledge to seek favorable results for our clients.

If you sustained an injury in a motorcycle accident, talk to one of our lawyers at Van Sant Law. We maintain offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, Sandy Springs, and Gainesville, and we represent clients across the state of Georgia. We can sign you up electronically without face-to-face interaction when needed, but we can also visit you at home.

Types of Motorcycle Crashes

Motorcycle accidents can be separated into two types: those involving another vehicle and those not. 

When Another Vehicle Is Involved

Most motorcycle accidents involve another vehicle. The most common cause of motorcycle accidents is a driver violating a motorcyclist's right-of-way. Right-of-way violations also include an automobile driver changing lanes on a highway into a motorcyclist's lane. These types of accidents can be especially dangerous since they often involve the vehicle striking the motorist from the front or side, which usually results in rider fatalities.

When Another Vehicle Is Not Directly Involved in the Crash

Motorcycle accidents that occur when another vehicle is not involved are not that common but are still deadly. Collisions with fixed objects can result in fatalities. 

Types of single-vehicle motorcycle accidents include the following:

• Right-of-way violations. As with two-vehicle motorcycle accidents, a significant cause of single-vehicle motorcycle accidents is the violation of a rider’s right-of-way. In these cases, however, the other vehicle is not directly involved in the crash. For example, this is when a rider swerves to miss an automobile violating the rider’s right-of-way, resulting in a single-vehicle accident.
• Rider error. Rider error involves a motorcyclist operating their bike while under the influence of drugs and/or alcohol, which frequently results in rider fatality. Additionally, it can result from a rider speeding. 
• Vehicle failure. Another notable cause of single-vehicle motorcycle accidents is the mechanical failure of a rider’s bike. Mechanical failure can be due to something outside of a rider’s control, such as a tire puncture. It can also be caused by improper maintenance practices that could result in motorcycle malfunction.

Beyond these three primary causes, other factors could result in a single-vehicle motorcycle crash. 

These factors include:

• Roadway defects, such as potholes
• Phantom vehicles, which is the term used when a rider claims that they were run off the road, but no evidence (or witnesses) support the presence of another vehicle
• Animals and pedestrians, which can result in crashes when the rider makes contact or when the rider swerves to avoid contact

Most motorcycle accidents involve another vehicle — either directly or indirectly — or some type of rider error, such as a right-of-way violation. These collisions are largely avoidable, highlighting the importance of defensive and responsible driving.

Injuries Suffered by Riders

Motorcyclists are largely unprotected from the force of a collision when they encounter large vehicles. The violent impact of an accident with a larger vehicle could result in serious or catastrophic injuries.

Broken Bones

Broken bones are very common after motorcycle accidents. Broken bones may range from a hairline fracture to a comminuted fracture, in which a bone is shattered into pieces. Motorcyclists may suffer broken bones even when they are wearing protective gear.

Rider’s Arm

Rider’s arm is a common and painful injury in motorcycle accidents. This condition results in damage to the nerves in the upper arm. Often, the injury happens when a rider’s bike falls on their arm during a crash. 

It is not the cause of the collision that determines whether a rider gets injured this way. Instead, it is how the rider landed and whether a motorcycle fell on their arm. This injury can occur in any motorcycle accident.

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.

Spinal Cord Injuries

If you are hit by a car while riding a motorcycle, you may be thrown into the air and hit the ground or another object, such as a passing car. Unlike a passenger or driver of a vehicle, you are not protected by an enclosure, seatbelt, or airbag while on a motorcycle. Accordingly, you are more likely to experience a spinal cord injury.

The spinal cord is divided into four sections: sacral, lumbar, thoracic, and cervical. 

Each of these parts of the spine guards different nerve groups that are responsible for bodily functions:

• Sacral spinal cord injuries affect the pelvic organs, the buttocks, the backs of the thighs, and the hips
• Lumbar injuries affect the legs and hips; in some cases, people with lumbar spinal cord injuries must use a wheelchair or walk with braces
• Thoracic spinal injuries affect the abdominal muscles, mid-back, and upper chest 
• Cervical spinal cord injuries are the most severe level of spinal cord injury; they affect the head and neck region above the shoulders

Spinal cord injuries are separated into two categories: complete and incomplete. Complete spinal cord injuries cause permanent damage to the portion of the spinal cord affected. They can result in quadriplegia or paraplegia. Incomplete spinal cord injuries occur when the spinal cord is partially damaged. Your ability to move and your sensation depend on the location and severity of your spinal injury.

Holding Drivers Responsible for Injuries Caused

Although motorcyclists can suffer catastrophic injuries such as spinal trauma or brain damage from accidents, riders often do not get the settlements they deserve. A significant factor is that many people do not know that most accidents between motorcycles and cars are the car drivers’ fault.

You may seek to hold a negligent driver responsible for your injury. In court, you will need to show that a driver failed to use reasonable care and thus caused you to get hurt. Your attorney must establish a causal link between the driver's failure to use reasonable care and your injury to pursue damages from that driver.

Motorcycle Crashes Without a Helmet

Georgia has a mandatory helmet law. Almost every motorcyclist must wear a helmet when operating or riding a motorcycle. All motorcycle helmets are supposed to meet the standards of the Department of Transportation. The standards include requirements for penetration resistance, system effectiveness, and impact attenuation.

The head is an extremely vulnerable part of the body. Without a helmet, riders could face significant neck, brain, or skull injuries after capsizing on their motorcycle. 

Riders involved in motorcycle crashes without a helmet should be aware that the insurer for an at-fault driver may try to use that against them to avoid paying damages.